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14 Questions about Veterans Disability Compensation Benefits Claims 

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 when it comes to filing VA Disability Claims.









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awgv001

SC Claim - from beginning to end.

Question

 

Hello folks!

 

First off, Thank you all - for this website, your time, and your passion towards helping fellow veterans both young and old.

 

I was in a medical loop during active duty for nearly 2 years just trying to sort this out.

It turns out that I ended up with the short stick due to omitted/neglected/accidental overlooking of my medical records/conditions - even though they were all provided in full.

I am in question of the validity of these ratings, and have new evidence to support a new claim for a SC injury. (TBI specifically)

I am having a very difficult time trying to concentrate to even post this.

Fortunately, I have all my copied medical records handy, as I have memory loss, and issues concentrating.

I have gone to the VA regularly at this point for semi-annual checkups.

 

Form I currently have on hand: 21-526EZ

Currently I have: Submitted an "intent to file".

My story - First, I don't agree with the PEB findings, my goof was that I didn't argue them right then and there, but once the ball got rolling I found myself trying to back peddle with no such success.

Reason being is that upon review of my PEB findings...they never rated me for the Ocular Migraines (and obviously not for a TBI, because at the time there was no medical evidence, only witnesses to my injury)...it wasn't even listed on the cover sheet for their review, however, it was addressed entirely by my Commanding Officer in his statements. I understand that clerical errors happen, but this seemed like too big of a thing to be simply overlooked. I suppose that after I get my TBI looked into, that with the new evidence (from future evaluations thru specialist appointments) I should try and do the correction to my naval records. I suppose that would be a bit more solid than having the couple of buddy statements I have regarding the circumstances of my different injuries.

 

 

Again, thank you for all you have done, and all you continue to do for all of us.

Semper Fi !

 

Edited by awgv001

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Hello again everybody! Been out of the loop for a little bit, but I have some very significant updates to my latest progress w/ my claims. So as you may already know, my claims were denied with one increase for 10% out of several contentions. As of this point I have successfully had my claim re-opened, with N&M evidence (IMO, diagnosis, and better clarified nexus. The evidence I supplied before we're buddy statements, and treatment records, and to much dismay, I suppose because they didn't use the litteral term "diagnosis" they denied for not having current diagnosis (despite 4 years of treatment/records)

 

Anywho, nod clock is ticking, however based off the possible completion dates (and how little evidence was added at the moment of reopen) I haven't filed yet. If it starts getting close, I'm already working on a game plan for how that will be done.

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***Update*** - 1/27/2017 -

So, the end result this time was a denial of my claims.

-So, I did this...- I went to my VA Drs. and much to my relief, and upon request, they all procured documents regarding both DIAGNOSIS and DIRECT SERVICE CONNECTION in a group effort to assist/expedite my claims. At this point, a "re-opened" has been submitted, along with the news Docs. It's rather nauseating to know that my claims were denied due to "lack of diagnosis" I feel like they could have requested such documents from me, most mostly upset from the denial DURING their own contradictory explanation (look at bullets 1 & 4 under my PTSD claim explanation.)

All help is apprciated, especially since now I feel like I was shoved under the rug thanks to Atlanta RO. Still not giving up hope though.

 

***Secondary update 3/3/2017***

 

My claim was successfully reopened for "new and material" (albeit damning) evidence. My EED will remain in effect since the claim was reopened right? I mean worst case scenario is that a CUE may result.

 

I have been through one C&P now for this new reopen, looking to review that report ASAP. Interestingly this one was done in-house, and a goniometer was not used this time around.

 

 

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On 9/22/2016 at 10:11 AM, awgv001 said:

Update...

Getting Dr appt's organized, and making requests via VA docs for support of my claims (to which they don't seem reluctant or even hesitant for that matter!)

Yes, I'm going to make sure that their wording is "VA claims examiner" worthy (more likely than is not SC).

Funny thing how the VA denied (in part) my SC, saying that I DON'T HAVE A DIAGNOSIS FOR "X" CONDITION.

I've been getting treatment for these "X" conditions for years now, through the VA, and yet it seems like they don't have the information?

Or, that someone who I met once and has reviewed my files simply says "Not enough here for me to believe in the story"....that is so messed up.

Take a look at the 4th paragraph under PTSD...What am I not understanding here...so they have evidence, but no diagnosis....HOW?? Exactly what other medical evidence do they have that is "more persuasive"

As for the TBI segment....I can't wait to see what my doc has to say about this when I go visit him a couple months from now.

 

~~~By the way, I just wanted to add that if anyone needs a better explanation for any part of this post, feel free to ask.

Scan_20160922 (1).jpg

Scan_20160922 (2).jpg

Scan_20160922 (3).jpg

Awgv001.

Good luck. Evidence doesn't mean anything if the right person don't see it. Look at my claim.

exposure conceded 3-3.pdf

prostate denied 3-3.pdf

prostate evidence scan 3-3.pdf

skin disease 3-3.pdf

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That's true Victor, just make sure you hang on to ever piece of evidence you have  because someday someone will read it... Unfortunately when that someday is  is anybody's guess.

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Update 6/12/2017

Claim reverted from "Pending Decision Approval" to Gathering of Evidence...dad gummit...it's good though that they want to actually evaluate my TBI before re-approaching me with half-*** answers/reviews/evaluations

Estimated date is nearly 1 year after their last decision to simply deny everything, HOWEVER!

DBQ for PTSD is finished (and I really appreciate the good work this Dr. did) and full evaluation rendered (thank goodness) - I had so much trouble dealing with Atlanta RO/C&P subcontractors and it seems to never be without end of issues in that hornet's nest.

Now, just making a wild guess here, but I'm assuming someone had "actually" read through my file this time and found TBI info clearly labeled and headlined.

Next up, C&P for TBI and its secondaries....which I'm not fully familiar with....and isn't a balance disorder a separate rating from a TBI, something I read recently and didn't know about when I filed in '14.

Again, TIA, I'm sure there will be many to learn from my broken road thru VA claims.

Questions: Ummm...(went blank...whoops)

Oh yeah! - The secondaries to TBI thing...I have a good understanding for what I deal with in regards to how TBI has affected me in the past regarding balance (mostly bad falls all over the place), migraines ---and I'm trying to tie my back to the TBI claim - so I have some details outlined for when I go to my TBI exam (which isn't scheduled as of this date). Anything else I should be aware of?

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