Denying Contentions Due To Age (Natural) Progression Of Disease

[rootbeer22]

Folks:

I'm concerned about VBA denying some of my claims contentions based upon what they are calling the "natural progression" of the disease? I could see maybe the same for requesting for an increase of a contention maybe being denied due to this. However, if the SMRs clearly showed that the injury happened in service and was treated in service numerous times in the first place then why deny it sc now? Based upon this logic, Vets would need to out claims right when they are injured and that does not consider injuries that get worst over time? Anyway, I was told that there was a reg that prevented the VBA using "age" against a Veteran in these cases. So, if anyone can tell me the regulations that cover this and the strategy to fight this kind of thing? rootbeer22...

[broncovet]

Stick with the criteria, and its always in the regulations. Here is how I do it.

I do a google search like this:

"38 CFR hearing loss" Or

"38 CFR Mental health disorders"

This should lead you to the regulation that gives the criteria how your condition is rated, sometimes with a little "tweaking".

Then, compare the "reasons and bases" listed in your decision with the criteria.

If the criteria does not include something about "natural progression", then file a NOD that the VA used non-criteria.

The VA can not deny you because you drive a prius, you have spiked blue hair, or because you love to play donkey kong, or because you have "nautural progression". (Everyone has "natural progression") Insist the VA rate you on the criteria only, and reject the "natural progression" hypothesis, if it is not one of the criteria.

I won service connection for hearing loss because VA reasons and bases said, "it was too long since service". I looked that up, and it was not in the criteria, and I called them on it.

VA raters make stuff up to deny. Dont let em do it.

Edited June 18, 2015 by broncovet

[Berta]

You did VERY well so far Rootbeer, and I also commend you for being cautiously optimistic,after you filed the claim, because no matter how good our evidence is, we can never determine what the VA will do.

[georgiapapa]

Well done Rootbeer.

GP

[eagle1012004]

Congratulations on your Award!!

[Detel]

Rootbeer, I am happy to hear your good news! I am still curious how the numbers/statistics are adding up for recent claims completed, as far as accuracy and fair ratings go. Are you still compiling these numbers?

V/r

Detel

[Buck52]

Congratulations rootbeer its bout time!

.........Buck