Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0
Sign in to follow this  
JHawks

Va Beat Me Down, Time To Limp Away And Move On

Question

Thanks you to everyone for their support and ideas. The time has come to stop the addiction to the forums. My review claim was denied when I know it should have been approved. Good Grief, it should have been a no brainer. I have been prescribed a brace to support a malunion of my tib-fib on a SC ankle. I had all the medical records to support the claim. They say my ankle is stable enough not to need a brace even though it was prescribed by both a pediotrist and Ortho Dr. I don't have it in me to file an appeal and let this drag on for years and years. They beat me down and I need to limp away before I go nuts. Thanks everyone.

Share this post


Link to post
Share on other sites

Recommended Posts

JHawks,

What does the Rating Decision state in the Reasons and Bases Section?

Also, did you review the EVIDENCE SECTION to see if they considered everything

that was submitted ?

carlie

Share this post


Link to post
Share on other sites

Did you file a claim for the brace? or for a higher SC rating because you need the brace?

If you fit into the higher SC rating criteria I dont see why they denied-Did the Poditrist and the ortho doctor write up IMOs?

If not-Would they be willing to?

Is the malunion by medical evidence totally associated with or secondary to the SC ankle?

If so does the medical evidence make that clear?

I have had so many denials from VA over the last 15 years I could wall paper a whole room with them.They ended up awarding most of the claims anyhow because I kept fighting them with medical evidence.

They hope we will all give up.

Can you scan here when you are up to it- the complete rationale part of their decision? ( cover personal stuff and it can be attached from the scan.)

Did they mention your evidence from these docs at all?

Share this post


Link to post
Share on other sites

Get a lawyer to file the appeal to BVA or let it go itself but please don't LET them win by a denial at a VARO at least give the BVA judge a chance to make it right you file the form 9 and go to the hearing a 1-2 yr wait nothing to do in th meantime but let time pass that is going to any way the VARO refused to award my CAD claim I tried for years to keep it local and finally I got a lawyer and went to BVA and won I collected 7 years of back pay and honestly from the time I hired the attorney to BVA was the easiest wait of all of the years from the beginning in Oct 2002 - July 2007 was the worst from July 2007 until the BVA gearing in Feb 08 was easy stressed between Feb 4 - April 7 2009 got BVA letter was scared to open it total grant of CAD and hypertension back to day one Dec 2003 CAD secondary to PTSD a claim that every SO I ever spoke to told me I could NOT win the people here told me I could and I did file the appeal

Share this post


Link to post
Share on other sites

Hello Jay ,,,,,,PLEASE DON'T GIVE UP. Testvet and Berta are both right. The VA does this to everyone and they are counting on you to do just that. I too was denied and it is a real depressing situation knowing you are right and letting them do this to you. I am very familiar and so is the rest of us here at Hadit with the VA tactics. Just as Testvet said, you already have invested some time, so alittle more is no sweat. I would definetly get a lawyer and try not to let the one year from date of denial letter get by. Get your form 9 in on time and let the lawyer worry for you. By getting a lawyer you will ....sleep better. Not worry about the deadlines. And you will have someone that won't put up with the things they are trying to do to you now. Berta is very savy to the VA's tricks and has and will also help in keeping your claim going. I too want to quit and let this go but I can't as I am getting sicker and have no choice but to continue the fight. You take the good advice you have received and keep this going. If not for you, at least for so many more who will be counting on you. Your claim is important not just to you but to all vets , because another vet is out there hurting just like you with the same situation and how your claim turns out may mean the difference of life or death. Jay you really do make a difference and you are among fellow veterans here so we know how you feel because of the VA. There are so many good people here ready to help you and you just need to give it some time. God Bless, and please remember ....NEVER GIVE UP. C.C.

Share this post


Link to post
Share on other sites

Never give up. Take some time to refresh and please come back.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
      • 7 replies
    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

      ...................Buck
        • Like
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines