Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    126%
    $1,903.00 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

  • 0

Submitting new evidence...No LOD


Question

Good day to all,

Here are some specifics to gain a better understanding...... FDC took effect and was awarded 70% around late March.  I was prior AD Air force and seperated 08. I joined the AF reserve in 2011. The issues on my FDC that I was denied for 1) cervical and upper back pain 2) bilateral numbness pain and tingling left and right arm.

These issues originated while reporting for annual tour at my reserve unit while on Active Duty title 10 orders 2011. I had a pretty bad motor vehicle accident. Hit the median and blew a tire..went airborne like the Dukes of Hazard and lost control, spun out and jumped the median sideways landing upside down on the opposite traffic lane and flipping upright.

 I have the AD for training orders, the ER visit btw, treatment and diagnosis of cervical strain/whiplash, mishap report from my unit, service treatment records at the base urgent care and later physical therapy for cervicalgia symptoms. No LOD was ever given to me only intiated which is one of the issues I have. I have that letter as well. I am no longer in the reserves either.

I also have private physician records just recently of X-ray and MRI that shows evidence of worsening conditions which are 4 cervical disc bulges. A Neurologist that I have been seeing conducted an EMG exam that shows evidence of  bilateral radiculopathy/neuropathy. In the award letter the VA stated the evidence used to determine the claim, came from only Active Duty STR's. Also the contentions were denied in their words (No link was found to military service) I was a newbie and was completely naive about the whole claim process. I should have sent them my STR's from the reserves....

I went to my VSO organization and met with a counselor, talked to him explaining all the new evidence I had and what next steps take. He asked me if  had an LOD then tells me that without the LOD the evidence doesn't mean anything. That they wont even look at it and it would be a waste of time to submit it....Is this true? I am submitting all of it, with a statement of support 4138 and requesting a reconsideration to SC for these denied contentions.....because in essence they did not have it. Please if anyone has any thoughts it would be greatly appreciated. Still a newbie but so grateful for the members here and their knowledge. Thank you for all that you do to research and the information that empowers us. I will keep you posted. 

God bless, All-American Airman

 

Edited by All-American Airman
  • Like 1
Link to post
Share on other sites
  • Answers 11
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Popular Posts

Good day to all, Here are some specifics to gain a better understanding...... FDC took effect and was awarded 70% around late March.  I was prior AD Air force and seperated 08. I joined the AF reserve

I had to edit this right away....I  first thought Feb leap year would give you an extra day but it doesn't....       You need to go over the timeframe with a 2015 and 2016 calendar

Recommended Posts

  • 0
  • HadIt.com Elder

I wouldn't listen to that lazy assed VS0 anymore, if I were you.

Submit what you have.....

"I should have sent them my STR's from the reserves..."

But if VA was aware that this was an injury while in the Reserves they should have obtained them.

Make sure you send them copies only, and state on the  4138 exactly what is attached, and put your C file number , name address on each copy and total the submissions and get proof of mailing, if you are mailing this in...I am still not familiar enough with ebenefits to know if this stuff can be uploaded there...

Also I would put on the 4138, Attention To and then the Initials that appear in the alphanumeric code to the right top of the award letter from VA you got.

Those initials are the last person who looked at your claim and your c file  might still be on their desk.

A reconsideration request (more info here under a search) does not stop the NOD one year deadline but can prompt a better award if they dont stall on it.

If the VA DID have your Reserve STRs ( and listed them as Evidence but didn't use them to determine that part of the claim)

they have committed a CUE and you could file that too, stating they violated basic VA regs and case law, within 38 CFR 4.6:

"§ 4.6 Evaluation of evidence.

The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law."
 
CUE however is like the Watergate question...what did they know and when did they know it.
When VA knows of 'evidence' that affects the probative value to a claim and completely disregards it at all, they have 'manifested an altered outcome' to the veteran and have failed to render an equitable and legal decision.
 
There are always countless remands at the BVA due directly to VARO violations of this basic VA law.

 

Edited by Berta
Link to post
Share on other sites
  • 0

A reconsideration is an excellent idea; however it doesn't stop the one year appeal period (Notice of Disagreement).

Be cognizant of the time frame.

 

Link to post
Share on other sites
  • 0

I wouldn't listen to that lazy assed VS0 anymore, if I were you.

Submit what you have.....

"I should have sent them my STR's from the reserves..."

But if VA was aware that this was an injury while in the Reserves they should have obtained them.

Make sure you send them copies only, and state on the  4138 exactly what is attached, and put your C file number , name address on each copy and total the submissions and get proof of mailing, if you are mailing this in...I am still not familiar enough with ebenefits to know if this stuff can be uploaded there...

Also I would put on the 4138, Attention To and then the Initials that appear in the alphanumeric code to the right top of the award letter from VA you got.

Those initials are the last person who looked at your claim and your c file  might still be on their desk.

A reconsideration request (more info here under a search) does not stop the NOD one year deadline but can prompt a better award if they dont stall on it.

If the VA DID have your Reserve STRs ( and listed them as Evidence but didn't use them to determine that part of the claim)

they have committed a CUE and you could file that too, stating they violated basic VA regs and case law, within 38 CFR 4.6:

"§ 4.6 Evaluation of evidence.

The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law."
 
CUE however is like the Watergate question...what did they know and when did they know it.
When VA knows of 'evidence' that affects the probative value to a claim and completely disregards it at all, they have 'manifested an altered outcome' to the veteran and have failed to render an equitable and legal decision.
 
There are always countless remands at the BVA due directly to VARO violations of this basic VA law.

 

Hello Ma'am thanks for your reply and advice. 

Yes he was against the idea of me submitting without an LOD and gave me other advice like," You shouldn't rock the boat as if I should be satisfied with what i awarded and that the VA could come back and say quote, " Well you were right we can service connect you for your injuries but in the process we determined that your lower back issues should get better so you should be 10% instead of the 20% we awarded you."

Everytime I have been in there to talk to someone its as if they want to steer you in another direction or they don't really want to help you....so I ask myself what are they there for....seems to me like their there to stall, be counter productive and not help you fight for the denied disabilities.

"If the VA DID have your Reserve STRs ( and listed them as Evidence but didn't use them to determine that part of the claim)they have committed a CUE and you could file that too, stating they violated basic VA regs and case law, within 38 CFR 4.6:"§ 4.6 Evaluation of evidence."

In the award letter the evidence considered: 

VA examination, VA form 21-526 Veterans FDC, VA form21-0820 Report of General Info, STR's from May 17, 2001 through Aug 16, 2008 which is my AD service. No reserve STR's. Not sure why and if they were aware of injuries as a reservist.

Anyways hopefully they will acknowledge their oversight and I will post the details of the outcome.

 

 

 

Link to post
Share on other sites
  • 0

I too have gone thru this Lod  issue and I was also a reservist injured while on at, Recently sent in a request for reconsideration along with quoting some va regs to when and when not a Lod  is required in the regs.it states that a Lod.  is required when there is substantive evidence of wilful misconduct.fight this, what Ro are you using.

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
Answer this question...

×   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 th175
      I was rated 20% for my shoulder due to many dislocations and 10% for cervical strain. I applied for lower back condition thru the DAV. It was denied because they stated the scoliosis I have is not service related. I appealed and asked for a hearing.
       
      Since I didn't mention scoliosis in the claim I'm not sure why that is all that they looked at. I've had a back Xray which showed
      "2. Mild anterior endplate spurring, with disc heights maintained. 
       
      3. Thoracic dextroscoliosis, measuring 22 degrees"
       
      Which I'm told is indicative of degenerative disc disease and/or arthritis. However, I don't have any in service medical treatment records for my back because I never complained due to fear of losing my flight status as a pilot.
       
      I'm being seen by a private sector doctor and getting facet joint injections and medial branch block. How should I appeal this?
       
      Should I get a nexus letter stating the arthritis was caused by my service on active duty as a pilot? Or should I ask the doctor to tie my lower back condition in as a secondary condition to cervical strain or shoulder problems?
    • By JDF
      Retired in 2013 with 40% rating.  20-cervical strain, 10-knee injury, 10-degenerative arthritis.
      couple of questions,
      I am considering a sleep study for osa.  I snore a lot and it disturbs my sleep. If I am diagnosed with osa, how difficult is it to connect to service. Is it worth my time to try.
      also, I suffer from lower back pain, loss of work, and some physical therapy.  I've already been rated at 20 percent. How would I go about increasing my %, and is it worth my time. What's the success rate with the va after 4 years of retirement  
       
      Thanks in advance for any help. 
  • 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)
        • Thanks
        • Like
      • 46 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!
        • Like
      • 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