What's The Best Way To Get Service Connection

[pacmanx1]

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

[Berta]

current diagnosis, proven or provable service nexus , and medical evidence------

and it sure helps to understand the regs that control your claim-------

we are on a battlefield and these are the weapons we need.

I need to add in my case- Research, research,more research and then getting a real doctor to opine on the med recs and the research etc.

[pacmanx1]

I am really sorry, you all know about my medication problems but what is the difference between what I said and what wholesale said?

Wholesale said; (1) a current disability; I said get your doctor to Just diagnosed you with the current condition/disability. I think that is saying the same thing.

Wholesale said; (2) in-service incurrence of disease or injury; I said If it is in your SMRs

Wholesale said; (3) medical nexus; I said the C & P doctor will follow the report from your doctor. Of course the C & P doctor has to review your c-file and or VA hospital records to give his opinion but his opinion would be based on your doctor's opinion.

What I am trying to say is the VA doctor do not have to write a specific report, all a veteran has to do is get the VA doctor to diagnose and treat the veteran for the condition/disability. VA doctors rarely write statements for veterans but they have to treat veterans for their conditions. A doctor won't treat you for something you don't have so once you get the diagnosis you are one third of the way there, If it's in your SMRs, you are two thirds of the way there, getting the nexus is the veterans statement and having the C & P doctor to review the veterans C-file and or the veterans VA hospital records. Asking for 20%, 30% or 40% will take the rater to that percentage and they must rate you as you ask and give reason why you do or do not meet that rating. Veterans file for claims and rely on VA to award them and months to years later file again for an increase with the same symptoms but if they ask for a rating that correlates with their symptoms, they can get the rating they feel they deserve faster. I am not saying that VA will not try to deny the claim but I think this is the best way. I also stated that on appeal the veteran would most likely win

John, it took me over ten years but my problem was I had to learn how to fight. I had to get a copy of my SMRs, my VA medical records, and I read CFR 38 part 4. I am hoping that this will help a veteran.

Edited August 12, 2009 by pacmanx1

[purple]

Yes.

And yes, you always ask very specifically for what you want....how else do they know what to give you? Anything to make their job easier is what you want to do...put the dots very, very close together...

[kw34]

Pete992,

I am in agreement that is the formula I followed and I am banking on your theory when I have my NOD hearing. I requested the rating the exam meets the ratings criteria yet the rater still chose to overloked it. I have all the evidence in chronological order and hope that by presenting it face to face (evidence and regs) and if the DRO has fullfiled his/her duties and reviewed my file the result is a win and an increase. Thats the wild card if the DRO does their job because the rater only did about 10% of their job.

[WHOLESALE]

Oh, and a great IMO definetely helps. Some doctors do not know how the VA works and it is up to the Vet to make sure includes the right verbage..

Some examples would be:

"I have reviewed the veterans full claims file and medical records."

"In my professional opinion the "event" that is documented and occured during active duty is more likely than not related to the veterans current disability."

There are others,

frank

Edited August 13, 2009 by WHOLESALE

[john999]

The doctor saying he has made a careful and complete review of the Vet's SMR's and current medical records is language you need in the IMO. Then it helps to have the "at least as likely as not" statement in there too. I don't think I want to trust the VA to connect the dots. My claim is 38 years old and these guys have pulled every stunt on me in the book. Just not reading your records is one of their favorites, or misinterpreting what your doctor states. You send the VA a letter supporting IU and it comes back that your doctor says you have a rare disease that is not SC.....huh?