New Claims--- Increased And Denied

[broncovet]

My experience has been that the VA granting 15 percent of initial claims is likely being rather generous. It likely includes as a "win" for the Veteran when the Veteran "wins" a zero percent rating. Sorry, but that does not feel much like a "win" to me.

I think I have only met ONE Veteran who ever got 100 percent on an initial rating without appeals. One, and I have met quite a few vets. That percentage is likely less than 3 percent.

I have often wondered how the chairman at the BVA puts as a "win" when Veterans get a board decision that encompases, a remand, a denial and an award, all in the same decision. I think they count that as a "win". Ive gotten one of those, and it felt like something quite different than a "win".

[Andyman73]

asknod,

I agree with everything you say. I'm sure most of us are in my shoes, if only we had known, way back when, then things would have been different for us. As for my claims, each and every single one of them has at least one documented entry in my SMR. I have yet to be successful with the knowledge I've learned from Hadit, and users like You, but that's only because I only have 2 active claims since stumbling upon this oasis in the vast VA desert. I am very grateful tho, to all those, such as yourself, Tbird, Berta, GP and too many others.

Semper Fi,

Andy

[Chuck75]

Andyman 73 comments <<<<<<<<<<I have recently been made aware that the VA denies 85% of all claims as a matter of their SOP.>>>>>>>

Yes, indeed. VA does only grant between 12-15% of claims and there is a very simple reason for that. Most folks try to do it themselves with no knowledge of what they are about or go to a VSO. VSOs do not develop your claim to its optimum. They merely stamp it and file it after they get the $250 POA signature. If you need an IMO/IME/nexus letter, you're on your own. They won't even bother to tell you it is needed. Therein lies the 15% conundrum. I can probably say with a certain degree of probability that the Vets who come to Theresa's Hadit University and the College of asknod win far more frequently and win much higher ratings versus the traditional route. I lost count personally over at my place after about 250 wins. Virtually all were TDIU or 100% schedular- but then Agent Orange and Hep C are not in the same league as hemorrhoids or tinnitus. Vets who come to my site, for the most part, are dying. Those diseases tend to kill you and more often than not do. Sadly, a few of the guys I've helped win in the 200% plus range keeled over within a year. It doesn't help to file late in life when the disease has almost made you terminal. Take a page from Chicago voting protocols. File early in life... and often.

Winning your claim is like a game of chess. You have to be able to see the big picture in advance. You have to have a strategy. And most of all, you have to have the ammo (evidence). Unless you're a combat Vet, VA is never just going to take your word that what you say happened is the truth. This site is invaluable for teaching you but it is still a do it yourself project.

Happy Memorial Day to all of you and here's hoping to see the success topic overflow with good news this year.

Alex sends

And even if you are a "combat vet" the VA may try to ignore that status when adjudicating a claim. It may take the BVA to correct that "little" problem.

It also brings up "what is a combat vet" and what is covered in terms of relaxed evidence requirements.

In general, combat related awards, personal or unit meet the basic requirement. Specific awards, such as a "Combat Ribbon" or higher awards meet the requirements.

Also, there are citations given for performance "under combat conditions" that should qualify.

A VA stance seems to be that the injury or condition must have a direct connection to combat. This may be more restrictive than originally intended.

[rootbeer22]

asknod;

Your comments are always "right on the money" and I only wish I would have read your posts before I went to a VSO and filed my FDC? I really drank the "cool aide" that my VSO was there to work for me and take care of my interests as well as optimising my disability claim? Nothing even close to that happened in terms of the promises that they gave me origianlly and after several issues where I realised that they had no clue, I cancelled my PAO. Frankly, the number one thing that I've learned from this experience is that "you" have to be your own best advocate as you say. Certainly, the help from a site like hadit.com and your asknod sites are very helpful and the Vets who contribute like yourself are amazing, But, in the end the "Vet" (me) have to put "pen to paper" and be willing to fight for what "I" (Vets) deserve. The second thing I learned, was that the Vet needs to list the "correct" contentions in the first place, othewise, it's hard to connect the proper nexus to my smrs and evidence. As an example, I have well documented prostatitis and ED issues, so the VSO listed it as "groin" issues because it was easier for her to do so, but certainly this did not help my case towards service connection in anyway? She said, "the raters will figure this all out anyway?" Then, (the VSO) she said, well if you are unsuccessful, you can always appeal thru us"? This really perplexed me, because, If I can't trust the VSO to work my basic claim, why would I erver trust them for any future appeals which may take years? Frankly, at first, I did not even know the difference and was relying on her expertise to do so? So, this is another reason why the success rates for first time claims are so low as (you) asknod says.

[Buck52]

I agree with chuck75.

Being a combat veteran help me with my claim...as that is what caused my disabling injury

evidence in my SMR's & my unit I served with.

I have a combat ribbon and special operations award.

but still had to fight the VA on presumption of events.

..................Buck

[Chuck75]

I agree with chuck75.

Being a combat veteran help me with my claim...as that is what caused my disabling injury

evidence in my SMR's & my unit I served with.

I have a combat ribbon and special operations award.

but still had to fight the VA on presumption of events.

..................Buck

The real meaning of the combat preference is that in the absence of "true" negative evidence, the VA is required to accept the veterans word, especially when "general information" and other lay testimony corroborates it.

As I and others said before, getting the RO to do things right the first time is the problem.