Duty To Assist Letter

[SSGmajik]

Hadit Family,

Just wanted to get recommendations on what you should put in your duty to assist letter. Should you state CFR 38 criteria according to your claim? Should you put notes from your Doctors diagnosis? I just don't want to forget or mess anything up to get denied.

Thanks,

SSGmajik

[SSGmajik]

Meddac,

Thanks for the info! I felt a little pressure with the 30 day thing, but I feel that I have enough evidence to support my claim. I just know that with the VA you can't have enough evidence to support your claim. You can have all the right evidence, but if it is not worded the right way, DENIED! I hope I h've crossed all my t's and dotted all my I's! We'll see.

[iraqx2]

I felt the same pressure when I got that letter. The VA made it sound like " what more evidence can you send us "? But you are nervous because you have sent them everything months ago.

Good news is that a decision is near.

[Pete53]

If you are confident that they have what they need and that they have it as its should be listed on letter I would add for them to rate with the evidence that they have. This can stop a lot of the delays that many have had before.

[jbasser]

Cowgirl,

This is from another post, but this is what's going on.....

I filed for an increase, a couple new claims, and reconsideration on couple also. I had to file the reconsideration a little before I was ready, but I was almost at the 1 year deadline and did not want to file an appeal. If anyone can help at all with my duty to assist letter or any other advice I would appreciate it. Below is what I filed for........

First, here are my spinal conditions I am diagnosed with.........

1.) DDD

2.) Spinal Stenosis & Foraminal stenosis (at 9 levels)

3.) Bulging discs (at 7 levels)

4.) Retrolisthesis (at 2 levels)

5.) Spondylosis

6.) Osteophytes (at 4 cervical levels) Growing towards and touching spinal cord

7.) Facet Arthropathy (at 9 levels) Degenerative arthritis of the spine

8.) Schmorl's nodes (at 2 levels)

9.) Scoliosis

10.) IVDS

I've had 3 surgeries on my Lumbar spine and I'm scheduled to have another set of MRI's and meet with the Nerusurgeon to discuss my 4th one in the next 30 days. I'm currently 40% for my Lumbar and 10% for my scar since the scar tissue is now attached to my sciatic nerve.

Increases

1.) Adjustment disorder (Current rating 10%)

2.) Cervical condition with degenerative changes (Current rating 10%)

New Claim

1.) Bilateral knee condition secondary to Lumbar spine condition

2.) Chronic fatigue syndrome secondary to Lumbar spine condition

3.) Chronic Pain disorder secondary to Lumbar spine condition

4.) Frequent urination secondary to Lumbar spine condition

5.) Right ankle condition secondary to Lumbar spine condition

Reconsideration

1.) Migraines secondary to chronic pain

2.) Radiating pain down right leg with nerve damage (According to EMG)

My doctors have flat out told me that I'm a very difficult case because there is so much going on and that I have a bad back of an 80 year old! I am in so much pain daily and it is affecting my life and family. I now have a 5 month old that I have a hard time even holding him. How can I be a good father to him when I can't hardly move. I don't know how much longer I can keep this fight up with the VA. I need help and appreciate anyones help or advice.

Thank You,

SSGmajik

The VA will rate the issues based on your back. Your range of motion is the big player here as they only have to rate 1 back condition, IVDS. Anything else is pyramiding.

You should ask for the max back rating of 60 percent and then add the secondaries.

The Regs are clear. If you have nerve issues like radiculpathy, it should have been considered inthe back rating as the regs clearly state to rate neurological deficits separate.

The Migraines are most likely not secondary to chronic pain but are most likely secondary to the cervical djd/ddd you have.

Getting a secondary to chronic pain is difficult but getting it for an established condition is better for you.

Have you filed for IU?

J

[SSGmajik]

I just want to say thank you to all that have shared their recommendations and support. I can't thank T-bird and the Hadit family enough for all they do for their fellow veterans. This is by far the most supportive and informative website on helping veterans. Thanks again to all!

SSGmajik

[mrsvet28]

The VCAA letters all carry the 30 day time now. It's a double edged sword, really. The government sees this as a way that we can process more claims, the vet feels pressed for time, and the VSR working the case falls behind because of the shorter time limit.

Best advice to any veteran...Be prepared with all of the evidence beforehand. I know I have seen several on here say that a number of times. That greatly cuts out the extended time factor.

IF you need more time, write the VA and tell them you need 30 more days. Beware, however, that your 30 more days could magically turn into 5-6 months. There are a lot of claims pouring in right now (like something suddenly gets in the water every year around the March-April-May timeframe).

Maybe youcould explain what the "special handling"period after the BVA remand is? Never heard of it till now-we are being afforded "expeditious treatment" which to me is a bunch of bunk-150 days plus 30 days VCAA plus 120 days equals 300 days- of which 65 are left-so to me 1 year equals "expeditious"