Jump to content
  • veteranscrisisline-badge-chat-1.gif

  • 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
     
  • Ads

  • 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
Sign in to follow this  
OldmanS2

MEB findings different then VA decision

Question

I'm asking this question to see if anybody else has ever run into this, and this question is pertaining to only one of the conditions I was found unfit for. I was medically discharged out of the Army National Guard through the IDES system. The MEB determined that my degenerative disc disease, "was not incurred while entitled to base pay", did not "exist prior to service" but was "permanently aggravated by service". In the MEB Board summary "this condition could be a result of military duty during deployment, with permanent injury occurring while not on duty status". I should also note that I had been seen while in AIT for back pain due to sit-ups, and also was seen by an army doctor due to back pain upon return from deployment. (all documented in the records). As is the process with the IDES system, my MEB paperwork was sent to the VA for a rating. The VA's determination was: 

"2 . Service connection for lumbar spine degenerative disc disease (claimed as back) is denied.

NIS; STR; NONEX

1. The veteran reported injuring his back in 2009 or 2010 at the beach and there is no evidence of a Nexus to active

duty service. Therefore, SC is denied."

"Your service treatment records did not contain complaints, treatments or, diagnoses for this condition."

BUT for the purpose of the PEB:

"For PEB purposes only-the evaluation for lumbar spine degenerative disc disease is 20% disabling based on ROM. 

This makes the combined evaluation for PEB referred conditions of 40% disabling (20% for right ankle and 20% for 

lumbar spine=40%)"

Now here is where it gets odd, when I received my PEB documents there was not one mention of the degenerative disc disease. It was as if it magically disappeared after the VA disagreed with the MEB determination. Other conditions that were found "fit" for duty were even included in the PEB but anything relating to my back was not mentioned.

My questions are:

Has anybody else had the VA disagree with the MEB determination without providing any sound medically analysis to over ride their decision? 

I thought that Horn v. Shinseki, 25 Vet.App. 231, 235 (2012) determined “VA may not rest on the notion that the record contains insufficient evidence of aggravation,” and the Secretary’s failure “to produce clear and unmistakable evidence of lack of aggravation” entitles a claimant to a finding of in-service aggravation of the preexisting condition).”

Has anybody else successfully appealed a VA decision similar to this one? and if so what was the approach you took when appealing the decision?

Share this post


Link to post
Share on other sites

0 answers to this question

Recommended Posts

There have been no answers to this question yet

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.

Sign in to follow this  

  • Our picks

    • Permanent and Total from cck-law..com
      1:10 What is Permanent and Total Disability?

      2:05 Conditions that automatically receive a permanent and total rating (P&T)

      2:32 Conditions less likely to receive P&T

      4:29 How to find out if your VA rating is permanent

      6:03 Is there a VA form to apply for Perm and Total status?

      6:39 Viewer Question: If you have permanent and total Social Security Disability Insurance (SSDI), are you automatically entitled to P&T disability at the VA?

      8:03 If you receive Total Disability for Individual Unemployability (TDIU), are you permanent and total?

      8:26 The advantages of having Permanent and Total VA Disability Other Protections from VA Rating Reductions

      10:26 Stabilized Ratings

      11:26 Continuous Ratings

      12:57 What to do if VA proposes a rating reduction

      16:03 Final Thoughts & Tips

      https://cck-law.com/news/newsfaq-friday-permanent-and-total-pt-disability/

       
      • 0 replies
    • I filed a claim in october of 2018 for ptsd and TDIU, long story short I tried to do everything myself and didn't have the proper diagnosis so I was service connected for anxiety based on having a medical marijuana card diagnosis for anxiety but the rating was 30% and I much worse off then that. So I obtained a referral from the va to a fancy psychiatrist from the university of north florida's behavior health department and was diagnosed with ptsd, bi polar 1 and panic disorder. I used this new medical evidence as my supplemental claim evidence and filed it April 16, 2019 after receiving my letter March 20, 2019. My claim is now at Pending Decision Approval with an estimated completion date of july 2, 2019 which is super fast from all I have read. My question is, Am I going to be awarded tdiu with the evidence I submitted if they adjust me up to 70% which I think it will . Or if they award 70% for ptsd on this new supplemental claim will i have to re-apply for tdiu again? Or would that all be considered in the final review of the entire claim? Thanks for any help.

      1-22 1BCT 4th I.D. "Regulars by God"
      • 3 replies
    • how do you figure when they will start paying me at the 100% rate, housebound..?  They will start the pay before they finish the back pay?  That would be nice !!
    • Hello:

      If you receive a hysterectomy while you are filing for disability through the VA, will it still count?

      I am out of the military.

      Thank you
      • 1 reply
    • Help needed bad  Male MST
      Is there anything for a man who's been diagnosed with PTSD secondary to MST. I see all this information and it's primarily speaking as if it only happened to females. If anybody has any advice for a man who suffers from this condition please let me know I'm not alone. Also let me know of any coping skills you've learned as I have lived the last 25-30 years of my life in full flight from reality. 
      • 9 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines