FDC completed in less than 60 days! in 1 year 0-80%

[Raza2009]

Good morning. I just wanted to post something positive for a change. I submitted a PTSD claim last year and was approved in less than 6 months at 50%. I then turned around and filed a claim on 20 Jun 17 for my neck and back issues. As of 17 Aug 17 my claim is complete and I am now at 80%. I received 20% for my neck and 40% for my back.

 

I know I may be doing this the slow way but I am finding by reading all the posts out there that if the VA has too much too look at for rating they seem to be low balling people like they are overwhelmed at what they have to look at.

 

I am going to now file my claim for fibromyalgia secondary to the neck and back and see how long that takes to get approved.

[Navy04]

Great news,

 

Glad to hear something went right for someone. Wish you the best and God Bless!!!

[Berta]

This is Great!

It seems to me (because some hoopla is starting over the new HR 2288 changes to the VCAA)

that it is to a veteran's benefit to file a FDC. That means ,like you did, they have to do some leg work first, and send the VA exactly what they need. I think you did it the Fast way and not the slow way!

It will take me some time to read the HR2288 in it's entirety but this is the key issue for many:

"Applicability of duty to assist

(1)

The Secretary’s duty to assist under this section shall apply only to a claim, or supplemental claim, for a benefit under a law administered by the Secretary until the time that a claimant is provided notice of the agency of original jurisdiction’s decision with respect to such claim, or supplemental claim, under section 5104 of this title.

(2)

The Secretary’s duty to assist under this section shall not apply to higher-level review by the agency of original jurisdiction, pursuant to section 5104B of this title, or to review on appeal by the Board of Veterans’ Appeals"

https://www.govtrack.us/congress/bills/115/hr2288/text

 

Broncovet states here many times, and it is the best reminder of all, for newbies,the Caluza triangle.

I read BVA cases all the time and it amazes me how many claims get to the BVA and still lack the components of the Caluza triangle.

Then again.... by 2003 I had already become a hardcore VA claimant.

The 2000 VCAA had been in affect when I re opened my death claim.

By then I had realized that no past vet rep has ever helped me at all, and the VCAA letter I got was deficient in every respect. 

So, (I already told this whole scenario here before so will eliminate that part) the BVA awarded the claim in spite of the VCAA violation, which they did verify,  because I had supplied them the exact evidence they needed ( and what a proper VCAA letter would ask for).

I depended solely on myself to gather the probative evidence for my claim.

I guess my point is ,it is common sense for any claimant to seek documented evidence that can establish their inservice nexus and many fail to even try to do that.It is unfortunate that we often have to suggest getting an IMO, that could be costly, but it is also often the only way the nexus can be supported  with a full medical rationale that overcomes any other etiology but for the inservice event, issue, etc etc.

 

But many claims are denied  due to a lack of  significant and probative evidence and the VCAA could never perform a miracle, in that respect, anyhow.

 

 

Edited August 25, 2017 by Berta
I interopreted the VCAA amendent wrong.

[Berta]

My initial post here was a misinterpretation of the VCAA amendment -SORRY about that....

Now it does not seem as bad as I thought it was.

But Commander Wells has a different take. It will be interesting to see any comments on his statement here.

http://thehill.com/blogs/pundits-blog/healthcare/336367-va-appeals-reform-bill-strips-due-process-from-veterans

 

[Rodney Horn]

Congrats, that is great!

May I ask how the back and neck C&P was conducted? I have a C&P coming up and am curious about how the ROM is rated vs Pain? I have limited range of motion due to the constant pain in my lower back, but if forced, I guess I could push my body to limits that causes severe pain. Should I do that when I have my ROM test or state to the DR when the pain occurs and stop? I want to do what is right and I also want the DR to know that I am in constant pain..

This is a SC injury resulting in a bulging Disc while in Iraq in 2004. Service records and buddy statements also confirm this claim.

Thank you.

 

[Raza2009]

Rodney, all I did was show the truth. He did not have a measurement thing but was an orthopedic surgeon with a specialty in spines. He was very professional and complete. Go as far as the pain allows. Don't fake or exaggerate because they can spot that a mile away. Be honest...if you are meant for a higher rating it will hsppen. All I can suggest from the heart is be honest and true and karma will give you what you deserve.  It's those that fake or exaggerate for the higher ratings that end up losing in the end.