Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

Got My Response Denied Of Course


Scott D
This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 

 

Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 

 

This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.

 

spacer.png

Question

They denied all of my claims based on no evidence in my service record. All of these conditions were properly diagnosed by group health care physicians within one year of active duty seperation. Many of the conditions were treated in service but were never given a proper diagnostic or were not named correctly.

I was treated in service specifiacally for psychiatric conditions which was diagnosed as a anxiety disorder by a psychologist. Less than a year after seperation a psychiatrist diagnosed Bipolar II along with anxiety issues. The decison states that there is no evidense in service for BPII, no evidence of an inservice mis-diagnosis, and the fact thaqt I am already being service cinnected 10% for a psychiatric condidtion, service connection for BPII is denied.

They also denied service connection for asthma again properly diagnosed less than one year after seperation.

Allergic rhinitis same thing.

Food hypersensitivity same thing. Even though I have been confirmed allergic to all fresh fruits vegatables, wheat, most fish, nuts and more.

This is crazy and makes me very frustrated. Even if i highlite and send in the records from my active duty service will they even look at it?

i know NOD's are in line but am pretty sure they will say the exact same thing and cause me more time to wait.

Why are they so disfucntional???

Link to comment
Share on other sites

  • Answers 10
  • Created
  • Last Reply

Top Posters For This Question

10 answers to this question

Recommended Posts

  • HadIt.com Elder

You have a good claim. Don't give up. If it were me I would ask for a Hearing and explain it to the adjudicator.

Good Luck

Link to comment
Share on other sites

Scott you do have a valid claim,Pete was correct in you requesting a hearing. You may also want to get a Copy of the Serice Medical records and all post service treatment records and get an independant IMO that can put the puzzle together. Then turn this in with ytour NOD. Did the VA give you a C@P examination? If so, did you get a copy. If not go to the VA where you had the exam to the medical records section and get copies of the C@P examinations.

The reason the dysfunctional attitude is just that, It is dysfunctional and it was designed for it to be just that. Uncontrolled chaos. They actually want you to give up and just go away. Dont do it. Get in the game roll up your sleeves and get started by learning as much about the regulations as you can. Once you are able to use these regs against them,only then they are going to realize that you are not just another Vet but a well educated one.

Edited by jstacy
Link to comment
Share on other sites

They denied all of my claims based on no evidence in my service record. All of these conditions were properly diagnosed by group health care physicians within one year of active duty seperation. Many of the conditions were treated in service but were never given a proper diagnostic or were not named correctly.

I was treated in service specifiacally for psychiatric conditions which was diagnosed as a anxiety disorder by a psychologist. Less than a year after seperation a psychiatrist diagnosed Bipolar II along with anxiety issues. The decison states that there is no evidense in service for BPII, no evidence of an inservice mis-diagnosis, and the fact thaqt I am already being service cinnected 10% for a psychiatric condidtion, service connection for BPII is denied.

They also denied service connection for asthma again properly diagnosed less than one year after seperation.

Allergic rhinitis same thing.

Food hypersensitivity same thing. Even though I have been confirmed allergic to all fresh fruits vegatables, wheat, most fish, nuts and more.

This is crazy and makes me very frustrated. Even if i highlite and send in the records from my active duty service will they even look at it?

i know NOD's are in line but am pretty sure they will say the exact same thing and cause me more time to wait.

Why are they so disfucntional???

Link to comment
Share on other sites

Do you have a complete copy of your SMrs and any private treatments records to rebutt this with and to attach to the NOD?

Did you receive a VCAA Notice with an election form and a narrative in Important Reply Requested that had a hghlighted statement telling you specifically what you needed to send them?

If you did not recieve this election notice and VCAA statement you have -in addition to the NOD- another legal way to fight this decision.

Link to comment
Share on other sites

I do have a recent copy of my Cfile and I have my own copies of my SMR. The Va did not schedule any C&P's for any of these claims that were denied. I did receive the VCAA letter asking for further information and I sent in my latest appointment paperwork.

When writing the NOD what section of the m21 states that conditions occuring within 1 year of seperation are to be SC.

Also if my SMR do not clearly diagnose a condition, but does record persriptions used to treat the condition how do I go about stating that in the NOD.

If I request a face to face meeting who will I actually be talking with?

Thanks for the help.

Link to comment
Share on other sites

One of the first things I would do would be to go back to the doctor(s) you have seen since departing service and ask that they make a determination that your conditions "more likely than not" were from your military service. The fact that they did not even give you a c & p ticks me off. We have all experienced this delay tactic by the VA rating system. Just because they couldn't find the exact words that they have in their precious little rating manual they send the denial letter. I would definitely make copies of your service medical records that pertain to everything you're claiming and send with your notice of disagreement. State that you will be forwarding additional evidence but you should have it to bring with you to the C & P exam they neglected to give you. Also mention that in their handy dandy little USC Title 38, Chapter 2, Para 4 it statesthat the benefit of the doubt is to go to the veteran and that your out of service exams were well within the 12 month timeframe thta is allowed.

If you'll shoot me an e-mail to my work address I'll send your the manual so you can review it and know which key words to use in your n.o.d.. I just bought a new system and haven't e-mailed myself the documents for my desk-top here yet so I won't be able to respond with the information until tomorrow. Make sure in your e-mail you put "VA info request" somewhere, I have a poor memory! :lol:

thomas.mccann@state.tn.us

Link to comment
Share on other sites

Diagnosis of bi polar- ---

maybe this might help-if the SMRs are not clear.

I have a Navy vet, a friend of many years.

He had SSA from Bi polar but was NSC per the VA and continued a SC claim for a decade.

Finally we got the VA to realise that his stint in the brig and a Captain's mass were over the first symptoms he had of bi polar which the Navy did not understand at the time- the 1960s.

He was medicated to calm down after he starting telling everyone he was an admiral and they better do this or that-

one medic wrote that they thought he was drunk- and this is ridiculous because he never drank and how does one get drunk when you have been out to sea for weeks-well maybe there is a way but like me-he is an absolute non-drinker and always was.

This all happened aboard that ship-they had not seen a port in weeks.

I had a heck of a time getting him to send in a SF 180 asking for his personnel records-the med recs didnt help him-

finally -with a good VA IMO from his shrink and a full assessment of his bi polar the VA granted his claim and he got retro up to 130,000 or more.

The Navy did not understand bi polar, schiziphrenia, PTSD -no branch of service really did for years-

so it is sometimes personnel records and Articles 13??whatsacallits (I am civilian), Captains Masses etc that can reveal ,in a service person, an altered documented state of behavior due to the first medical manifestation of any mental disorder.

Edited by Berta
Link to comment
Share on other sites

The military itself is providing the information you gave here 1968-

When my daughter was discharged they urged all potential veterans to get their complete SMRs before leaving service and they provided access to briefings from the VA and -in her case-a guy from the American Legion showed up too-

They stressed the fact that a new veteran should file claim with the VA for any inservice disability or injury they had-as this protects the EED-

The VA, upon award of a successful claim that is filed within one year of separation -will give the retro date back to the first day after the veteran's separation day from service.

Also presumptive conditions as found within 38 USC 1101, 38 CFR 3.309---such as cirrosis of liver, organic disease of nervous system, cardiovascular -renal disease (I published the whole list here before)-

if this disease is manifested to degree of 10% or more during first year after service-

(This is detailed in past topics because the one year is extended in some cases-multiple sclerosis,for example, is 7 year window for presumption)

and also if a pre-existing chronic condition is aggravated by service (38 CFR 3.307) (Splane V. West) a claim filed within that first year after service can get the day after separatio for Effective retro date.

Obviously a claim filed within that first year due to these presumptive factors has a EED that also can go back to day after separation.

Sometimes I dont think vet reps even know if these presumptions and it pays for all new veterans to know about them and the regs -right from the git go on VA claims.

Edited by Berta
Link to comment
Share on other sites

I did file the claims within one year of seperation. I am currently SC at 40% for other conditions. All of these claims were denied service connection. In my NOD should I state that these were diagnosed within one year of active duty seperation?

Link to comment
Share on other sites

This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 

 

Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 

 

This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.

 

spacer.png

Guest
This topic is now closed to further replies.


  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • 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

  • VA Watchdog

  • 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

×
×
  • Create New...

Important Information

{terms] and Guidelines