I am would appreciate it if some of you guys and girls would be so kind as to read my claim letter I am sending in along with my supporting documents. I recieved a letter saying that VA is aware I have opened a claim and that they recieved some documentation I sent them. I needed to send them some release of information forms as well as sign a few different papers that will tell them I either have no other evidence to submit other than what I am sending at this time or I have more to submit. I also decided to add some things to my claim letter that were not on the first one. I did not type the first one someone that has been helping me did and they failed to support what I am claiming as service connected disabilities, with clear explanation in the body of the letter. So please, if any of you have the time and do not mind reading what I have; take a look at this and tell me what you think. I have not slept in two days. All I have done is read this forum go through papers make copies and type my letter. I really need to get this right. I waited as long as I could and did the best I could to make do. I now am unable to work and I can not ignore the obvious problems any longer. My injuries have been a plauge to me for years. I was originally hurt in 2000 shortly after I went in the Army. I was treated continously while in the Army, and post sepperation I have been taken medication for chronic pain since 2007. I have been to the doctor numerous times at the Durham, NC VA medical center, and the Raleigh VA Primary Care Clinic.
I XXXXXX XXXXXX, respectfully request the following:
An increase in flat feet condition rating.
An increase in tinnitus rating.
An increase of herniated nucleus pulpous (lower back condition with left leg pain) claimed as Lumbar injury.
Request rating for injured left knee
Request rating for injured left and right ankle.
Request rating for torn muscle in left hip.
Request rating for Traumatic Brain Injury (TBI).
Request rating for PTSD.
Request rating for Depression.
Request rating for Attention Deficit Hyperactivity Disorder (ADHD).
My request is based on the following:
My left foot and ankle is extremely painful and unstable still.
I am currently pursuing another career because I am no longer able to work in the career field that requires continuous walking.
My foot injury was incurred in the military and was done while in the execution of my official duties. I was treated for my foot injury while on active duty from September 2000 thru July 2005.
I was on airborne jump status for at least 4 continuous years; with numerous jumps and infantry obligations that caused me extreme pain then and also now.
I participated in The Global War on Terrorism with duty in Kuwait and Iraq October 2003 to April 30, 2004.
The claim for the above injuries and conditions were all incurred while on active duty in the United States Army.
The treatment for my foot was performed at Womack Army Medical Center Fort Bragg, NC, during the period of 2000 to 2005. Today,
I have limited ability to walk and perform normal standing functions. I can no longer work in jobs where is standing is required. My feet ache, they swell often and I am using pain medication daily to offset the discomfort I have to walk. Often I walk using a cane sometimes a crutch, I wear orthotic supports in my shoe and an ankle brace.
Also as a result of my military duties. The many jumps from airplanes, and road marches performed carrying heavy loads on my back I have acquired a Lumbar Cervical strain (herniated nucleus pulpous).
It has gotten worse and now I am very limited to how much I can bend stoop or lift.
The pain medication I am given is also to treat the symptoms of this injury. I have tried to maintain flexibility and muscle tone to help support my back, but I am reaching a point I can do that no more.
I experience stiffness and swelling in multiple joints. I experience stiffness in my joints and an inability to bend, flex, rotate, and move my body in a natural way.
When I have been still for a short amount of time my elbows, knees, wrists, ankles, and knees pop and snap. Sometimes I wake my wife up in the night because of the sounds my body makes when I move.
I have to lay in bed and rotate, move, and adjust myself until my body feels like it will be able to be ambulatory without experiencing extreme pain.
Sometimes my ankles and feet feel as though something is out of place. I have to use ice packs, and heating pads on my body after days involving physical activities that would be considered essential for normal life.
These activities are not strenuous.
I am a former Army unit level weight lifter, I can no longer participate in this physical activity. While in the Army I scored above 300 points in the Army Personal Fitness Test, and was responsible for helping plan my companies physical training regimen.
My physical limitations prevent me from living the life I am accustomed too, and this has lead to depression.
These same injuries are effecting my work life the same way.
I originally injured the left ankle, and foot on a parachute jump. I indicated I was injured, but I was told to keep my mouth shut and drive on. I was looked at as being an example for others soldiers to follow.
I forced myself to keep training and eventually ended up being on light duty for periods longer than 7 months multiple times because the injuries became worse. I went to the doctor and got several MRI's done.
My left arch had collapsed and my gate was no longer normal while walking. The injured posterior tibia tendon in my left ankle had been ruptured but had healed back incorrectly. I felt numbness in my left leg after standing or walking for extended periods. This would lead to my buttocks going numb as well, thus I would lose my balance sometimes and it was very hard for me to keep up with others even while walking at own pace.
My left knee did not bother me too much until about a year ago I was at work I knelt down to put some paper in a fax machine and my knee popped, made grinding noise, and began to hurt immediately. I iced it, took NSAID's, took left over Prednisone and the swelling began to some what improve. I went to the emergency room after 2 days and was given Oxycodone 5mg pills to take for 2 weeks.
I did go to the musculoskeletal clinic at the Durham NC Veterans Hospital. I was told that not much could really be done to improve the condition of my knee. I was told that it was, "just kind of worn out."
My knee pain is both medial joint line and anterior knee. Some days it hurts to even lay in my bed on my side and when I walk I often use a cane for stability.
These conditions are burdensome, embarrassing, and prevent me from living the quality of life I lived before they occurred. I feel worthless, and vulnerable most days.
I was already diagnosed by the VA for TBI.
I was not counseled to apply for service connected disability and I have tried my best to deal with it alone over the years since returning from deployment in support of Operation Iraqi Freedom.
I did go to several appointments at the VA until I started getting billed for the service so I discontinued my visits.
I was not able to afford medical treatment and miss work resulting in me making less money than I need to pay my bills. I am a OEF/OIF Veteran with duty in both Kuwait and Iraq.
I am claiming TBI and Depression for the following reasons.
I experienced the following events during OIF/OEF Deployment:
Blast or Explosion IED (improvised explosive device), RPG (rocket propelled grenade), Land Mine, Grenade, etc.
2. I had the following symptoms immediately afterwards:
Being dazed, confused, seeing starts, no memory of the event
3. I began to have balance problems, dizziness, sensitivity to bright light, and constant loud ringing in my ears.
4. Currently I am still suffering from the following symptoms within the last week:
Memory lapses, confusion, trouble sleeping, night terrors, sensitivity to bright light, irritability, paranoia, ringing in the ears, and was diagnosed by the Durham VA speech and audio logy lab has having significant hearing loss in right ear, which is the same side that the rocket exploded on.
Before deploying to Operation Iraqi Freedom I had suffered head injuries while performing a military parachute jump, and falling off a climbing rope during Physical Training with my unit. In both of these instances I was unaware of head injuries being a real medical condition, and just assumed that my symptoms would improve. I was not made aware of the true cause and effect of my
injuries until being screened by the Veterans Administration for TBI (Traumatic Brain Injury), and receiving literature relating to the subject.
The Tinnitus that I suffer from was caused by sounds, and noises that were both loud and of high intensity. The worst coming from a blast that was created by a
Do to my injuries and physical limitations I have experienced difficulty while dealing with depression and frustration. These things have placed strain on my professional life and my personal life.
Some days I do not have the ability to be social with anyone and it has cost me one marriage. I did not come back from Iraq the same man that left.
The steady increase of the symptoms caused by my injuries has caused my ability to perform and quality of life to decrease. I fail to conduct personal hygiene and do not complete tasks as I once did. I have trouble eating, sleeping, maintaining relationships, and have lost contact with my children.
My new wife has actually separated from me multiple times, and I fear that is something does not change I may lose her. I have suffered from bouts of drinking, and was smoking marijuana for a period of time I am doing the best I can to get help and improve myself. I thank you for your time in reading this and your assistance in helping me get the compensation and treatment I deserve.
You need your medical records, your dd 214, your service records, and copies of every single bit of it. Do not lie, and do not ask for what is not yours; as long as you do that it will all be fine.
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.
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.
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”
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.
Question
Stu Pidasso
I am would appreciate it if some of you guys and girls would be so kind as to read my claim letter I am sending in along with my supporting documents. I recieved a letter saying that VA is aware I have opened a claim and that they recieved some documentation I sent them. I needed to send them some release of information forms as well as sign a few different papers that will tell them I either have no other evidence to submit other than what I am sending at this time or I have more to submit. I also decided to add some things to my claim letter that were not on the first one. I did not type the first one someone that has been helping me did and they failed to support what I am claiming as service connected disabilities, with clear explanation in the body of the letter. So please, if any of you have the time and do not mind reading what I have; take a look at this and tell me what you think. I have not slept in two days. All I have done is read this forum go through papers make copies and type my letter. I really need to get this right. I waited as long as I could and did the best I could to make do. I now am unable to work and I can not ignore the obvious problems any longer. My injuries have been a plauge to me for years. I was originally hurt in 2000 shortly after I went in the Army. I was treated continously while in the Army, and post sepperation I have been taken medication for chronic pain since 2007. I have been to the doctor numerous times at the Durham, NC VA medical center, and the Raleigh VA Primary Care Clinic.
I XXXXXX XXXXXX, respectfully request the following:
An increase in flat feet condition rating.
An increase in tinnitus rating.
An increase of herniated nucleus pulpous (lower back condition with left leg pain) claimed as Lumbar injury.
Request rating for injured left knee
Request rating for injured left and right ankle.
Request rating for torn muscle in left hip.
Request rating for Traumatic Brain Injury (TBI).
Request rating for PTSD.
Request rating for Depression.
Request rating for Attention Deficit Hyperactivity Disorder (ADHD).
My request is based on the following:
My left foot and ankle is extremely painful and unstable still.
I am currently pursuing another career because I am no longer able to work in the career field that requires continuous walking.
My foot injury was incurred in the military and was done while in the execution of my official duties. I was treated for my foot injury while on active duty from September 2000 thru July 2005.
I was on airborne jump status for at least 4 continuous years; with numerous jumps and infantry obligations that caused me extreme pain then and also now.
I participated in The Global War on Terrorism with duty in Kuwait and Iraq October 2003 to April 30, 2004.
The claim for the above injuries and conditions were all incurred while on active duty in the United States Army.
The treatment for my foot was performed at Womack Army Medical Center Fort Bragg, NC, during the period of 2000 to 2005. Today,
I have limited ability to walk and perform normal standing functions. I can no longer work in jobs where is standing is required. My feet ache, they swell often and I am using pain medication daily to offset the discomfort I have to walk. Often I walk using a cane sometimes a crutch, I wear orthotic supports in my shoe and an ankle brace.
Also as a result of my military duties. The many jumps from airplanes, and road marches performed carrying heavy loads on my back I have acquired a Lumbar Cervical strain (herniated nucleus pulpous).
It has gotten worse and now I am very limited to how much I can bend stoop or lift.
The pain medication I am given is also to treat the symptoms of this injury. I have tried to maintain flexibility and muscle tone to help support my back, but I am reaching a point I can do that no more.
I experience stiffness and swelling in multiple joints. I experience stiffness in my joints and an inability to bend, flex, rotate, and move my body in a natural way.
When I have been still for a short amount of time my elbows, knees, wrists, ankles, and knees pop and snap. Sometimes I wake my wife up in the night because of the sounds my body makes when I move.
I have to lay in bed and rotate, move, and adjust myself until my body feels like it will be able to be ambulatory without experiencing extreme pain.
Sometimes my ankles and feet feel as though something is out of place. I have to use ice packs, and heating pads on my body after days involving physical activities that would be considered essential for normal life.
These activities are not strenuous.
I am a former Army unit level weight lifter, I can no longer participate in this physical activity. While in the Army I scored above 300 points in the Army Personal Fitness Test, and was responsible for helping plan my companies physical training regimen.
My physical limitations prevent me from living the life I am accustomed too, and this has lead to depression.
These same injuries are effecting my work life the same way.
I originally injured the left ankle, and foot on a parachute jump. I indicated I was injured, but I was told to keep my mouth shut and drive on. I was looked at as being an example for others soldiers to follow.
I forced myself to keep training and eventually ended up being on light duty for periods longer than 7 months multiple times because the injuries became worse. I went to the doctor and got several MRI's done.
My left arch had collapsed and my gate was no longer normal while walking. The injured posterior tibia tendon in my left ankle had been ruptured but had healed back incorrectly. I felt numbness in my left leg after standing or walking for extended periods. This would lead to my buttocks going numb as well, thus I would lose my balance sometimes and it was very hard for me to keep up with others even while walking at own pace.
My left knee did not bother me too much until about a year ago I was at work I knelt down to put some paper in a fax machine and my knee popped, made grinding noise, and began to hurt immediately. I iced it, took NSAID's, took left over Prednisone and the swelling began to some what improve. I went to the emergency room after 2 days and was given Oxycodone 5mg pills to take for 2 weeks.
I did go to the musculoskeletal clinic at the Durham NC Veterans Hospital. I was told that not much could really be done to improve the condition of my knee. I was told that it was, "just kind of worn out."
My knee pain is both medial joint line and anterior knee. Some days it hurts to even lay in my bed on my side and when I walk I often use a cane for stability.
These conditions are burdensome, embarrassing, and prevent me from living the quality of life I lived before they occurred. I feel worthless, and vulnerable most days.
I was already diagnosed by the VA for TBI.
I was not counseled to apply for service connected disability and I have tried my best to deal with it alone over the years since returning from deployment in support of Operation Iraqi Freedom.
I did go to several appointments at the VA until I started getting billed for the service so I discontinued my visits.
I was not able to afford medical treatment and miss work resulting in me making less money than I need to pay my bills. I am a OEF/OIF Veteran with duty in both Kuwait and Iraq.
I am claiming TBI and Depression for the following reasons.
I experienced the following events during OIF/OEF Deployment:
Blast or Explosion IED (improvised explosive device), RPG (rocket propelled grenade), Land Mine, Grenade, etc.
2. I had the following symptoms immediately afterwards:
Being dazed, confused, seeing starts, no memory of the event
3. I began to have balance problems, dizziness, sensitivity to bright light, and constant loud ringing in my ears.
4. Currently I am still suffering from the following symptoms within the last week:
Memory lapses, confusion, trouble sleeping, night terrors, sensitivity to bright light, irritability, paranoia, ringing in the ears, and was diagnosed by the Durham VA speech and audio logy lab has having significant hearing loss in right ear, which is the same side that the rocket exploded on.
Before deploying to Operation Iraqi Freedom I had suffered head injuries while performing a military parachute jump, and falling off a climbing rope during Physical Training with my unit. In both of these instances I was unaware of head injuries being a real medical condition, and just assumed that my symptoms would improve. I was not made aware of the true cause and effect of my
injuries until being screened by the Veterans Administration for TBI (Traumatic Brain Injury), and receiving literature relating to the subject.
The Tinnitus that I suffer from was caused by sounds, and noises that were both loud and of high intensity. The worst coming from a blast that was created by a
Do to my injuries and physical limitations I have experienced difficulty while dealing with depression and frustration. These things have placed strain on my professional life and my personal life.
Some days I do not have the ability to be social with anyone and it has cost me one marriage. I did not come back from Iraq the same man that left.
The steady increase of the symptoms caused by my injuries has caused my ability to perform and quality of life to decrease. I fail to conduct personal hygiene and do not complete tasks as I once did. I have trouble eating, sleeping, maintaining relationships, and have lost contact with my children.
My new wife has actually separated from me multiple times, and I fear that is something does not change I may lose her. I have suffered from bouts of drinking, and was smoking marijuana for a period of time I am doing the best I can to get help and improve myself. I thank you for your time in reading this and your assistance in helping me get the compensation and treatment I deserve.
You need your medical records, your dd 214, your service records, and copies of every single bit of it. Do not lie, and do not ask for what is not yours; as long as you do that it will all be fine.
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