ranger11bv Posted March 13, 2015 Share Posted March 13, 2015 (edited) opps Edited March 13, 2015 by ranger11bv Link to comment Share on other sites More sharing options...
0 Fat Posted March 14, 2015 Share Posted March 14, 2015 First I'm sorry to hear about your denials, but there is guidance in your denials. They actually for most of the issues spelled out the reason for denials and how service connection could be warranted. I would actually recommend you visit a VSO and let them examine your file. Filing a NOD is fine; however you have to rebuke the very issues stated for denial. Simply, first make sure you have a current medical diagnosis of everything you claimed (very important). Next, see if the issue claimed or similar symptoms of what you are claiming is listed in your SMR's. Last, if the first two are accomplished, complete the triangle with one of the following. a. have the doctor provide treatment notes and a nexus (linking current condition to military condition/symptoms). b. Chronicity (noted to be chronic on active duty and noted to be chronic since leaving service). c. continuity by symptomology (complaints or issues are underdiagnosed while on active duty and the current medically diagnosed issue has now become chronic in nature. you have to link the issues, complaints, or diagnosis to the chronic diagnosis) Its a little work , but it can be done. Two of the issues Lumbar Spine condition and Cervical Spine condition were denied. But active duty treatment was noted for the issues; however no permanent residual or chronic disability subject to service connection is shown by SMR or evidence following service. I take this to mean you need a current medical diagnosis showing continuity of care (treatment notes) or you need a current medical diagnosis showing the issue has been become chronic in nature (if chronic in nature, doctor should include residual effects). The issues are listed in your SMR's and all you need is to complete the triangle. "NEVER GIVE UP" Buck52, ranger11bv and georgiapapa 3 Link to comment Share on other sites More sharing options...
0 georgiapapa Posted March 14, 2015 Share Posted March 14, 2015 Excellent advice given by Fat. Link to comment Share on other sites More sharing options...
0 ranger11bv Posted March 14, 2015 Author Share Posted March 14, 2015 (edited) As i read these posts, Im going through my VA and military files. PAGE BY PAGE!!!! If I find ANYTHING, ill note the date and what it was for. Edited March 14, 2015 by ranger11bv Link to comment Share on other sites More sharing options...
0 georgiapapa Posted March 14, 2015 Share Posted March 14, 2015 ranger11bv, You not only need to look for a diagnosis of your claimed conditions but also any symptoms of your medical conditions in your SMRs. For example a veteran who was diagnosed with sleep apnea after beng discharged would still have a chance of winning a claim for service connected sleep apnea if their SMRs noted symptoms of sleep apnea such as snoring, gasping for air, stopped breathing briefly during sleep, daytime tiredness, etc. Your SMRs do not necessarily have to show a diagnosis for a specific medical condition for the condition to be service connected but the SMRs would need to show continuing complaints and/or treatment of the symptoms of the medical condition. JMO The information listed by Fat in his post above is good information to guide you as to what is needed to succeed with your claims. Good luck to you. GP Fat 1 Link to comment Share on other sites More sharing options...
0 USMC_HVEQ Posted March 15, 2015 Share Posted March 15, 2015 as others have stated, sorry to hear about your denials, but now is the time to become your own advocate. You will need to do the work. You can go to a VSO, but ultimately you are best to put in the effort for the success you are seeking. Finding treatment or complaints in SMRs is key but not the only thing. Do you have any combat or war zone experience? Merely hurting yourself in the serivce won't always get you service connection unless you have a current medical diagnosis, whether it is from te VA or a private doc. You may need to seek IMO's for most of the disabilities you are seeking as well. This is merely my own opinion. Doesnt mean I am right, jsut trying to help. PTSD, you need proven stressors, if you werent in a war zone and even in a warzone you need them, at least I did, that they can verify (they won't just take your word on it). What was your MOS in the service? Length of military? Branch? Deployments overseas/warzone? How long have you been out? WHat treatment have you sought for your injuries prior to filing your claim? This website is very helpful. You need to look up each of the conditions you claim, and what criteria is needed. I know this may seem discouraging, but just plug away and make sure you NOD in a timely manner. THis won't resolve itself overnight, but if you can provide the correct info, you may get what you are seeking. I wish you good luck in your journey and if I can be of any assistance, I am here to help. Link to comment Share on other sites More sharing options...
0 ranger11bv Posted March 15, 2015 Author Share Posted March 15, 2015 as others have stated, sorry to hear about your denials, but now is the time to become your own advocate. You will need to do the work. You can go to a VSO, but ultimately you are best to put in the effort for the success you are seeking. Finding treatment or complaints in SMRs is key but not the only thing. Do you have any combat or war zone experience? A- Unfortunately.....no. I dont even get PTSD counseling at the VA!! I was in from 85'- 92. Merely hurting yourself in the serivce won't always get you service connection unless you have a current medical diagnosis, whether it is from te VA or a private doc. You may need to seek IMO's for most of the disabilities you are seeking as well. This is merely my own opinion. Doesnt mean I am right, jsut trying to help. PTSD, you need proven stressors, if you werent in a war zone and even in a warzone you need them, at least I did, that they can verify (they won't just take your word on it). What was your MOS in the service? A- 11B Length of military? A- 6 years 10 months Branch? A- Awmy Deployments overseas/warzone? A- Yes, Hawaii How long have you been out? A- Since 1992 23 years...... WHat treatment have you sought for your injuries prior to filing your claim? A- All through the VA hospital. This website is very helpful. You need to look up each of the conditions you claim, and what criteria is needed. I know this may seem discouraging, but just plug away and make sure you NOD in a timely manner. THis won't resolve itself overnight, but if you can provide the correct info, you may get what you are seeking. I wish you good luck in your journey and if I can be of any assistance, I am here to help. USMC_HVEQ 1 Link to comment Share on other sites More sharing options...
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Fat
First I'm sorry to hear about your denials, but there is guidance in your denials. They actually for most of the issues spelled out the reason for denials and how service connection could be warra
MarkInTexas
You can hit them up with a NOD, and let them know what circumstance existed that prevented you from going to their C&P examination, and request another date. Meanwhile, probably will be a good id
Navy04
Sorry to hear of your issues bud, but I have to agree with Georgia on this one. I just had to drive over a thousand miles in one week with my family to multiple C&Ps at 2 different VAs, which suck
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