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    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 ...
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    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

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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



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AF_Comm_Vet

Need some guidance -scratching my head on a denial

Question

-  Filed a year ago for a lumbar spine condition caused by a severe auto accident in-service. After an initial denial, the claim was finally approved after doing a re-open and submitting an new IME.  The NEXUS was made between the Lumbar spine injury and accident based on civilian ER reports where I was transported.  Was scheduled for a C&P exam prior to decision, and the C&P physician actually rated higher than I expected (after doing X-rays) at 40%. 

-  Several years ago I started having headaches, neck stiffness, and occasional  Pins & needles in the arm, not severe or constant so blew it off.  Four months ago it became severe, started missing work left and right, and pain prevented even sleep without heavy meds. Was referred to an Orthopedic doc and later an Ortho Surgeon.  MRI's and X-rays were accomplished in Jan with bad news, severe degenerated discs and cervical bone structure.  The Surgeon said this was pretty severe for my age, and after describing the accident he agreed it was likely the cause of the damage which had been brewing for years. 

- Filed a FDC for Cervical  Spondylosis and degenerative cervical disease.  I referenced the earlier evidence of the accident in-service. I also had a thorough IMO done by one of the Physicians mentioned in the forums often (not including the name), the IMO was very thorough with a NEXUS statement and citing previous cases.  Submitted the FDC in Early Feb.

 

 Well, I after I saw the FDC move from Review to Decision process les than tend days after submitting I became concerned. Sure enough, it was returned denied as "Not Service Connected".    

 

OK, I get it....an IMO doesn't guarantee anything, but based on my evidence and previous related injury  I thought I would at least be granted a C&P before the case would be tossed back in my face.    Any thoughts?? 

 

Thanks

 

 

Edited by AF_Comm_Vet
qeqweqww

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I would fax a copy of the IRIS complaint to the director of your VARO as well....I sure did that

I have lists of RO Directors etc but have to leave the site because the snow storm is messing with my access....

Others here should have a copy of the VBM by NVLSP that holds those contact numbers in it and hopefully can give you a recent access Fax number...as I expect to be unable to get back here due to weather.  

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23 hours ago, Berta said:

I would fax a copy of the IRIS complaint to the director of your VARO as well....I sure did that

I have lists of RO Directors etc but have to leave the site because the snow storm is messing with my access....

Others here should have a copy of the VBM by NVLSP that holds those contact numbers in it and hopefully can give you a recent access Fax number...as I expect to be unable to get back here due to weather.  

 

 

Berta ----   here is their IRIS response...I cant blame the VARO...doesn't  look like they sent it to them....  Just for he record, I DID file this as a COMPLAINT...I did use your format for the CUE in the Complaint...

 

Here is their response (PII has been sanitized)

This is in response to your inquiry to the Department of Veterans Affairs (VA) dated March XX, 2016.

 

Thank you for your service to our country.

 

We apologize for the delay in responding to your inquiry. We are currently experiencing a large volume of inquiries and are working as quickly as possible to respond to each in a timely manner.

 

We are unable to accept your request for an appeal via this inquiry system.

 

If you do not agree with our decision, you should write and tell us why. You have one year from the date of the decision letter to appeal the decision. The enclosed VA Form 4107, "Your Rights to Appeal Our Decision”, explains your right to appeal.

 

You begin the appeal process by telling us in writing that you disagree with our decision. We call this note from you a notice of disagreement (NOD). In most cases, you must send us the NOD within 1 year of the date we mailed you our decision.

 

Please use VA Form 21-0958, Notice of Disagreement, when submitting your appeal or NOD. We have enclosed the form for your convenience. Additional copies of VA Forms may be accessed online at http://www.va.gov/vaforms/, if needed. We have provided the contact information, for your convenience, at the conclusion of this response.

 

Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message or see our other contact information below.

 

Sincerely yours,

 

C. Boyd

National IRIS Response Center Manager

jes

 

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I sure had better responses than that one....I don't understand why they did not contact your RO.

What is the name of your VARO..I might have contact numbers or a Fax # for their director.

 

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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
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      Fund HadIt.com Veteran to Veteran LLC


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