tdiu The magic sentence in VA claims.

[broncovet]

Remember the show "Pee Wee Herman"?  My grandkids love it.  In the show, they always had a "magic word".  Whenver someone said the magic word, everyone screams and hollers.  

Well there is a magic sentence in VA claims.  Here it is, now to test it, every scream when you say the magic sentence:

"The VEterans condition is at least as likely as not caused by x event in military service".   (Now everyone scream that is the magic sentence.)  

So, when you read your file, look for the magic sentence.  

If you are seeking TDIU, then the magic sentence is a little different:

"The Veteran is unable to maintain substantial gainful employment due to service connected conditions"...(everyone scream).  

Finally, if you are seeking service connection for secondary condtions, here is YOUr Magic sentence:

"The VEterans xx condition, is at least as likely as not due to the influence of his (primary) condition".  

Now everyone scream when you hear any of these magic sentences.  Oh, yes..the doctor needs to say these.  

[stuart55]

On 10/11/2016 at 6:58 AM, broncovet said:

Those are OUR magic words, but to get the VA to say those, we need the magic words I already posted, above.  

It’s clear the key to navigating the VA system is using the precise language they recognize. The "magic words" mentioned are crucial for veterans seeking the benefits they deserve. It's about understanding the process and speaking the VA's language to secure rightful support.

[brokensoldier244th]

1 minute ago, stuart55 said:

It’s clear the key to navigating the VA system is using the precise language they recognize. The "magic words" mentioned are crucial for veterans seeking the benefits they deserve. It's about understanding the process and speaking the VA's language to secure rightful support.

Correct, and, while it sounds kinda stuffy, those wordings are from the CFR so there isn't much in the way of misinterpreting them that can happen, no ambiguity. 

[Tbird]

 

[Rattler]

On 10/11/2016 at 10:14 PM, 63Charlie said:

Send the VA all of your service treatment records, AND, all of your VA medical and/or private medical care records that will document the disability you are claiming.

Set up an ebenefits account, and send your medical evidence records to the VA electronically to save time.

On 10/11/2016 at 11:11 PM, Buck52 said:

 For some reason or another or unknown reasons, some times the Raters and VA C&P Examiners don't read their medical evidence crucial to substantiated their claims and it takes the Veteran years and years to be approve  either for a claim or an EED he has been fighting with in VA Courts of Appeals on!

 

 

I disagree with 63Charlie in that if you don't go through your medical records and pick out ONLY the ones that prove your diagnosis the VA will not read through 500 pages of medical records to pick out the one or two that proves your claim. It has also been my experience that most C & P Examers and some raters will read them either. 

[Vync]

@Rattler I agree. Even though it is the VA's job to thoroughly read every page of evidence to process those claims, it is not realistic because it likely would not happen. For example, if you are filing for your knee, there is no need to send them your eye exam records from a non-VA provider. I prefer to spoon feed the VA exactly what they need.  When filing for your knee, send them anything related to your knee. Additionally, send them anything related to secondaries which could be associated with it such as your other knee, your back, your hip, ankle, foot, and mental health or other records which explain how much it sucks to not be able to do what you used to before you started falling apart.

[Rattler]

16 hours ago, Vync said:

@Rattler I agree. Even though it is the VA's job to thoroughly read every page of evidence to process those claims, it is not realistic because it likely would not happen. For example, if you are filing for your knee, there is no need to send them your eye exam records from a non-VA provider. I prefer to spoon feed the VA exactly what they need.  When filing for your knee, send them anything related to your knee. Additionally, send them anything related to secondaries which could be associated with it such as your other knee, your back, your hip, ankle, foot, and mental health or other records which explain how much it sucks to not be able to do what you used to before you started falling apart.

I agree Vync

What I see is a lot of VSO want you to sign the VA form to request your records from non-VA providers without knowing what is in the records or reviewing the records because they either don't know what to look for or they don't have the time to realy work the claim with you.

The other scenario is the Vet has filled out the VA form and they assume that the VA got the records and their non-VA provider never actually sent them to the VA. The VA then decides their claim and denies it. When you read their decision letter it always reads

The evidence does not show an event, disease, or injury in service. (38 CFR 3.303, 38 CFR
3.304)

Your service treatment records do not contain complaints, treatment, or diagnosis for this
condition.
The evidence does not show a current diagnosed disability. (38 CFR 3.159, 38 CFR 3.303)

Service connection for allergic rhinitis is denied since this condition neither occurred in nor was
caused by service. (38 CFR 3.303, 38 CFR 3.304)

Maybe brokensoldger244th can give some input on this and it is no excuse but I am sure some of the VA employees who do what brokensoldger244th does just do not have the time to read through 150 pages X 5 non-VA providers to pick out the 2 or 3 documents that prove your claim. When you tell them that you need to see the medical records so you can find the records that proves their claim. (The needle in the haystack of documents.) You always get "I filled out the VA form to have them sent to the VA they need to do their job."

The reality is it's your job as the veteran to submit the right documentation that proves your claim regardless of what a VSO, VA, or any bricks layer tells you. If you don't it's a guaranteed denial.

Most veterans do not know how to read the decision letters. They get to the point where they see the word denial and don't get past that part. The VA (most times.) tells you what is lacking in your claim in the letter.

I am going to post a redacted denial letter from one of the Vets I am trying to help. Please note the highlighted parts. He is severely disabled due to the MOS he worked for 20 years. The VA skipped the evidence in his medical records that proves  TERA. Without seeing his C-File it would be hard to see the C & P Exams and what actually happened behind the scenes. 

The problem is no one gives the veteran proper education on how to file their claim and what to do when it is denied. (There are very few sites that do other than hear at Hadit.)

 

 

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