Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    146%
    $2,203.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 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
     
  • 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

Greetings! Claim Question Please Help


Recommended Posts

Hello I am posting this in the hopes that I can get some insight on my situation,

A brief description about myself, I served in the active duty army as an EOD technician from 03-08, conducting 2 tours of duty in Iraq. I then served in the army reserve from 09-11 however I did not see combat during this time.

I received an approval for PTSD and brain damage with 70% for PTSD and 0% for brain damage, which I agree with the VA's assessment on the rating as I feel this best describes my mood and habits for the past few years and have been receiving VA assistance for them since 2010.

I also applied for claims for lower back pain, right knee pain, tinnitus and sleep apnea all of which were denied due to not being service connected.

During my time in active duty I did not request any medical services for any of my issues due to my fear of being removed from the EOD community and I did not have a lot of time available to me to seek medical attention (EOD techs are busy stateside even when not in deployments).

When I was in the reserves (early 2010 to be exact) I went to the VA to seek medical assistance with all of the claims I described above. I received multiple MRI's from the VA and my civilian doctor for my lower back in which I was advised I have arthritis, bone spurs and degenerative disk disease which causes constant pain. I was advised by my civilian medical provider that these issues were due to the extensive lifting and bending I did during my time in active duty however this was not specified in any documentation he provided to me. I have received a MRI through the VA for my knee pain in which I was never advised on what was actually causing me pain. As an EOD technician dealing with explosions on an almost daily basis during my time in Iraq I assumed tinnitus would have been given to me. Since I started seeing the VA I have been receiving sleeping pills to help me sleep, I also received a sleep study for sleep apnea in which the VA advised I had sleep apnea.

When I submitted my initial claim I only had a few civilian medical documents for my back and a dd214 from my time in active duty, I did not have my medical files for either active duty or reserves and did not have my dd214 (not sure if same document) for my time in the reserves at which my representative told me not to worry about it, that the VA would pull all military documents. Since I started seeing the VA for medical assistance while I was still technically in the service (reserves) I assumed the claims I filled for would be covered as service related, not just the ones that applied to my active duty time.

I am not sure if I should file an appeal as I do not want my PTSD rating to drop however I feel the VA was incorrect in their determination of my other claims based on the fact that I started seeing the VA for these issues when I was still in the reserves.

I am not sure what route I should take in this as I have heard a lot of horror stories about the claim process yet so far I was lucky to have my claim completed in 6 months and given a high percentage for the PTSD issue.

Any info would be greatly appreciated!

Link to post
Share on other sites
  • 2 weeks later...
  • Replies 1
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Get your hands on any and all medical history during your military activity. The VARO's are good for missing key important facts. Remember they have so many claims to process as fast as possible. They missed stuff on me but I had my med history and got s/c cuz I was able to show chronic condition. Originally overlooked

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
Reply to this topic...

×   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.

  • Ads

  • Ads

  • Similar Content

    • By Joey Ross
      OK, I need some advice. I started a HLR in March 2020, and had a new C&P in August of 2020. VA has been waiting on records from JSRRC since then. By my MOS (11B1P), and awards (SWASM, etc.) , plus being in a combat zone and my C&P I'm uploading, should I file to have the VA process my claim with what they have, or wait for them to finish with the records request that could take God knows how long.
      C&P exam.pdf
    • By KC3
      Can you claim insomnia secondary to PTSD or is this considered part of the pyramid system that the VA created. 
    • By glenda h
      Back in 2019 this statement was made to another individual.  I am puzzled.   I am currently 70%.  I became 50% back in 2016, 70% in 2019.   I had health insurance and kept it after I retired, plus MEDICARE, TFL (mil retiree).  I didnt pay any co pays due to having three insurances at the time, but VA billed my MEDICARE and civilian insurance, which paid the Dr visit and  my prescriptions by civilian ins.  TFL always came up with some excuse not to pay anything for years.  But the payments dont go to the VA Dr I see, but someone else I've never seen at the RO billing office.  I suspended my civilian health insurance this past January, therefore I will only have MEDICARE and TFL.  So are you saying that they shouldnt be billing the companies.  I do understand about the medications.
    • By paoret82655
      I received my decision letter today stating that they lowered my ptsd rating from 70 to 50. They also dropped anxiety and alcohol use. I'm currently pregnant and that is the only reason why I'm not hurting myself but it's only a matter of time before I fall into old habits. I'm doing my best to follow through on therapy with the VA but I don't think I'm getting the best care and I'm afraid once I give birth, I will lose everything like I have in the past because of my ptsd. I feel like the VA isn't listening to my fears and I will keep wash, rinsing, and repeating myself. I want to appeal but I honestly hate talking about my ptsd every single time. What should I do?
    • By paoret82655
      I applied for 100% unemployability on my own after my VSO did nothing to help with the process back in February 2021. I received my decision this month stating that I was denied and was also reduced from 70% to 50% for PTSD and depression. They removed anxiety and alcohol use. When I was asked questions during my C&P they kept asking me what happened within the last year, not what happened since the date of injury, which was 2013. I'm not sure how to approach this issue any further. I want to appeal but I want my entire case looked at because I feel that I've been unjustly reviewed. What should I do for 100% UI?
  • Ads

  • Our picks

    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 10 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Like
      • 53 replies
    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
      • 13 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines