Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • Donate Now and Keep Us Helping You

     

  • 0

What's The Best Way To Get Service Connection

Rate this question


pacmanx1

Question

  • Moderator

Just my opinion but most veterans are treated at VA hospitals; I think the best way to get service connected is having your VA doctor diagnose you with the condition. By having it diagnosed by VA most C & P doctors will follow the reports from your doctor, may even talk with your doctor about your condition. If it is in your SMRs and VA diagnose you with a current condition it would be hard for VA to deny you. Also if you read the regulation prior to applying for service connection and claim that you feel you should be rated at 20%, 30%, or 40% the rating specialist would have to review the regulation and apply that particular rating to your claim request and give a reason for granting or denying your claim. If you have done your homework it will again be hard for VA to deny and if they deny, you have a good chance on appeal. I know that some will say get an IMO but this works. Some veterans can’t afford to get an IMO so the best thing is to get it diagnosed by VA then file the claim.

Hope this make sense

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

Link to comment
Share on other sites

  • Answers 35
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

Just my opinion but most veterans are treated at VA hospitals; I think the best way to get service connected is having your VA doctor diagnose you with the condition. By having it diagnosed by VA most C & P doctors will follow the reports from your doctor, may even talk with your doctor about your condition. If it is in your SMRs and VA diagnose you with a current condition it would be hard for VA to deny you. Also if you read the regulation prior to applying for service connection and claim that you feel you should be rated at 20%, 30%, or 40% the rating specialist would have to review the regulation and apply that particular rating to your claim request and give a reason for granting or denying your claim. If you have done your homework it will again be hard for VA to deny and if they deny, you have a good chance on appeal. I know that some will say get an IMO but this works. Some veterans can't afford to get an IMO so the best thing is to get it diagnosed by VA then file the claim.

Hope this make sense

Pete992,

In my opinion the VBA denies claims such as these on a daily basis.

I think some of the reason for these denials is because VBA negates

following the rules and regs set up for the claims process.

I think many decision makers look first for a way to deny the claim,

thus putting the claimant into the NOD and appeals process basically

from the get-go.

It would be nice if VBA decision makers would work claims

as smoothly as laid out in your post.

I feel this does not happen as often as it should,

even when there is clear cut medical evidence in the claimant's SMR's.

jmho,

carlie

Edited by carlie
sp

Carlie passed away in November 2015 she is missed.

Link to comment
Share on other sites

  • Moderator

Carlie,

As I stated, I know in some cases the claim would be denied but I also stated that the claim should be award on appeal. The thing is to try to get the rating you think you are entitled to without being low balled. As we all know that nothing is automatic or guaranteed with VA. I think that (just my opinion) the more issues you claim the more VA will try to deny. It seams if a veteran claim(s) one or two issues s/he has a good chance of getting service connected but if a veteran claim six or seven issues VA would try to do anything to deny all or most of the claims. It is faster to deny a claim then to approve one. I agree they go through the process looking for ways to deny the claim but this is how I got my last ratings. It is just my opinion of the best way and it keeps the effective date in tact.

Edited by pacmanx1

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

Link to comment
Share on other sites

  • HadIt.com Elder

Pete, I can follow your reasoning but I want add that the VA will most liklly deny a claim no matter how strong it is because that is what they do. It saves them time and makes you wait.

if you know what is wrong with you ( Detail to the meical extent) have a nexus to service and have patience and persistance you will win.

Then you can prove it with regs. It becomes a matter of legal precedent after it leaves the RO and gets to the BVA. Until then, the Ro can play badmitten with your claim by contunuously tossing it back and forth from one area to another for what ever reason they want.

Quick approvals are few and far between. But some folks do get lucky.

J

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

Link to comment
Share on other sites

  • Moderator

I started this post not for myself but asking "what's the best way to get service connection" this is just my opinion. I know and agree that patience and persistence will win out and there is no perfect way of getting service connected, just wanted to get others opinion on what they think is the best way or at least how they got their service connection that others may learn.

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

Link to comment
Share on other sites

yep yep, the VA has regulations they are supposed to follow but they interpret these regulations to their best interest, not the best interest of the Veteran. This mindset has been set in stone and will require change from the TOP before we see a different way of interpretation of the regs.

I can just see a rater going to the boss and saying "hey boss, I just found another way to get this claim denied." Boss then says, "Great job! Keep up the good work."

frank

Pete992,

In my opinion the VBA denies claims such as these on a daily basis.

I think some of the reason for these denials is because VBA negates

following the rules and regs set up for the claims process.

I think many decision makers look first for a way to deny the claim,

thus putting the claimant into the NOD and appeals process basically

from the get-go.

It would be nice if VBA decision makers would work claims

as smoothly as laid out in your post.

I feel this does not happen as often as it should,

even when there is clear cut medical evidence in the claimant's SMR's.

jmho,

carlie

Edited by WHOLESALE
Link to comment
Share on other sites

  • Moderator

Still not going the way I thought. It doesn't matter if my opinion is right or wrong just give yours on the best way or how you got your service connection.

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • LEArmy93P earned a badge
      Dedicated
    • LtDave earned a badge
      Week One Done
    • HillTopVet earned a badge
      First Post
    • kidva went up a rank
      Contributor
    • AFguy1999 went up a rank
      Rookie
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 1 review
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 reviews
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use