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

  • 01-2024-stay-online-donate-banner.png

     

  • 0

When Ima Finds New Service Related Disabilitys

Rate this question


afret

Question

I am working on an appeal presently.

I submitted an IMA that found numerous disabilities that were unknown to me and all are related to my service connected disability.

It is my understanding that when the VA receives medical information that indicates or shows additional medical conditions that may be service related that they are required to then open a claim on those items and notify the claimant (me) that they have done so.

I need to know what regulation in the VA claims process states this.

Thanks,

Art

Link to comment
Share on other sites

  • Answers 6
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

6 answers to this question

Recommended Posts

Yes, you are right,,, but,..

I understand the origninal intent of the question,, I am tring to clarify what I think is meant..

if you have a problem with your arm... but there are also problem with the hand on that arm, do all the problems connect together autmatically on that arm, or must you absolutely list every problem on that arm and hand?

This was an example..

I understand because I have problem to that are all interconnected.. you can't have one without the other... and there is no way for a Veteran know how to list hese problems and under what category many problems come under... so, if you say the never are damage din an arm, or dhould, will that cover the problems in the hand too? or must they be listed..

another example.. if you have problems with your stomach, must you also list the intestines too, or will the VA figure out they all go together and do it for you?

I hope I have been clear..

These are some examples,, my case is a mess, and trying ot do the many issues and connected issues makes it a mess to list.. not being a doctor, and trying ot make it clear do the VA can understand the health issues.. well, it is so very hard to type compicated issues out an dhave these one way communications once every six months makes it almost impossible to file claims for complicated health issues..

it's hard to tell if one part made the other part sicker, or vice versa.. and the VA wil pounce on, or not even help, or give a rating, or deny it if we don't write down the events and health issues that fit's their books..

if they look in their books and whatever you wrote cannot be found it will be denied, or not even looked into..

you would think you could just put the chemicals ' more than likely' caused intestinal disese.

but the medical term might not be intestinal disease, it maybe listed in some VA book as Ulcerative colitis. Then if the above sentence is not worded perfectly to match the VA book, it wil be denied..

the problem is if a doctor did not write it the same, or the claim was not speific enough and only made a broad statement of disease..

---

Is this what this thread was that if the condition was not specifc enough, wil the VA connect the dots, or just deny the claim?

Not in appeals, since I got 100%, and some of it was winning an 1151 negligence, which the VA turns out does not give ful benefits if you win 1151 negligence they squirm and legal loophhole you and your family out of many benefits, really crapp nasty bunch running the va benefits, they wil backstab and scre wyou even if you win you lose. May 2021.

01-01-11_My_Medical_Records2.jpg

Link to comment
Share on other sites

  • HadIt.com Elder

I think you need to list every problem you have in detail along with medical documentation that DX'ed these problems and relates them either directly or secondarily to your military service. Maybe the VA will lump them together, but you want that VCAA letter you get to list each and every disability. If you have trouble with your knee and hip and foot you need to list each problem and claim them all. The VA is only going to consider what you claim.

Link to comment
Share on other sites

  • Moderator
I am working on an appeal presently.

I submitted an IMA that found numerous disabilities that were unknown to me and all are related to my service connected disability.

It is my understanding that when the VA receives medical information that indicates or shows additional medical conditions that may be service related that they are required to then open a claim on those items and notify the claimant (me) that they have done so.

I need to know what regulation in the VA claims process states this.

Thanks,

Art

Can you be a little more clearer? Keep in mind that no one knows you here but we would need more information and it could help other veterans. What claim did you file and what conditions do you have on appeal.

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

you pretty much have to claim each issue if you have Diabetes and heart problems and file for DMII and don't mention the cardiac problems secondary to DMII then the VA is not normally going to automatically do it for you you have to make the claim and the effective date will be the date you file the claim they will not back date the new claims to your original claim date they are supposed to do a lot of things but pretty much unless you put it in writing and specifically ask for it they will ignore everything else

100% SC P&T PTSD 100% CAD 10% Hypertension and A&A = SMC L, SSD
a disabled American veteran certified lol
"A journey of a thousand miles must begin with a single step."

Link to comment
Share on other sites

  • HadIt.com Elder

For secondary problems you usually have to have medical documentation that makes the connection between the primary and secondary condition. As TestVet said about DMII if you have a heart condition as well you have to have medical documentation to say that the DMII caused the heart condition in so many words. Only for presumptive conditions is this not the case.

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

    • kidva earned a badge
      First Post
    • kidva earned a badge
      Conversation Starter
    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
  • 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
      • 0 replies
    • 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 replies
    • 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