Jump to content
  • 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

  • Searches Community Forums, Blog and more

  • Ad Free Subscription.jpgOne Time Financial Gift.jpg

    Subscriptions and Gifts are NOT Tax Deductible. HadIt.com is NOT a Non Profit.

  • 0
Sign in to follow this  
spearhead91

Increase Ratings and New Claims

Question

Hello all,

I'm back again 3 years later. My situation has gotten worse and hence the increase/new claim request I have just submitted and learning how interwoven my issues are and secondary claims.  I've spent the past few weeks reading off and on. Learning the latest from for the few names I remember. Good to see some familiar names still here and I'm grateful for your wisdom and support to the Veteran(s) and their families and the community as a whole. I wish I could do more and contribute my limited experience to the new members but one of my major disabilities is with my dominant hand and shoulder/neck.

I've been struggling for 3 years now and continuing to work for fear of loosing health benefits that have helped me and my wife(100% SSDI)non veteran with continuing medical care prescription coverage etc. But probably the quick access and no limit to specialist etc. 

That said, I am at a major crossroads with continuing to work with the trade off being the continued use of private health care vs being dependent on the VA all the time. That is one my major concerns since my wife's and my health situations are so complex. I've started the IMO process this time for the professional and expertise because of the complexity and really needing to get it right as possible this time. My first go around with a VSO experience they did the one form for the claim and I did all the rest gathered all the medical info, release forms, ebenefits uploads etc and made it to 50%. I have to give the RO credit though he/she did help me SC something I didn't even think of which got my rating to 50% the first time with a secondary connection. 

I would like to post my current and increase and new claims to compare but I'll hold off for now and see how these first couple of months go.

I do have one major question though for the claim and it's a broad based question. I had let my employer know I was partially disabled from the VA and really nothing was done for my type of work, office work high stress etc, that was over 2 years ago. Long story short new manger understands my limitations and worked with our HR and we now have a reasonable accommodation letter and DR form filled out with bare minimum instructions to my employer. ((I was really upset finding out prior manager did nothing, trusted them because I knew them so long. Yes read EEOC and all that and holding for now)) Back to main question should I upload the reasonable accommodation letter from my employer and DR to the claim? The wording is very generic but implies breaks every 2 hours etc for 10 minutes and some other minor things. Is that a hinder or help in regard to claim overall and the reasonable accommodation? In other words if I'm doing increase and new will that help or rather hurt my claim?

Thanks in advance.

spearhead91

Edited by spearhead91

Share this post


Link to post
Share on other sites

2 answers to this question

Recommended Posts

  • 0

This letter, unless written by a "medical professional" is "lay" evidence only.  

I suggest you focus your efforts on meeting the criteria for an increase, because the rest of the stuff is "noise", and kind of fills up your cfile and makes it difficult to read.  

To get an increase, your doctor needs to document that your sc condition has worsened, and document additional symptoms since you were rated at 50 percent.  You also want to show how your sc conditions affected your employment, but remember, this needs to be medical evidence not lay evidence.  

For example, "I" could say that you have  a thyroid condtion and even write a letter to that affect.  However, its meaningless because Im not competent to opine on thyroid conditions as I have no medical training or expertise in that field.  

Here is when "lay evidece" can be useful.  My buddies could write a letter and say something like, "Gee, Broncovet snored so loudly, I had to sleep in another room."   Now, my buddies are competent to be an eyewitness to something like snoring.  It does not take a medical degree to hear a snore.  But it would take a medical degree to diagnose a thyroid condition.  Now, if my buddies wrote this letter, it could establish an "in service event" or aggravation, showing that snoring occurred in service.  A doctor (hopefully a sleep medicine doc) would have to diagnose sleep apnea, and then opine that my current diagnosis of OSA is at least as likely as not began in service with this severe snoring.  

In short, give this letter to your doc, let HIM put it in evidence and this establishes this as "medical evidence" that your work is reduced by a sc condition.  

Share this post


Link to post
Share on other sites

Ad

  • 0

Thanks broncovet for some clarity. The form the DR filled out listed that my medical conditions are permanent and for privacy reasons did not list all of them. I have all the ICD codes that I am under care for and prescriptions, MRI reads, uploaded to ebenefits already, one major SC injury being current and shows one of my main SC issues is far worse than first reported based on the MRI read alone and Neuro DR review. VA care agrees and said first thing I was a surgery candidate in first few minutes of most recent appointment but I've chosen conservative care first etc and will do the next level second and surgery last because of location of the SC injury. It's like they say if they are in a rush to operate get a second and third opinion. 

So to stay on point, the letter from the PCP DR says my conditions are permanent in nature, SC connected already, and MRI done after SC granted shows that what I was rated for was lower and has affected other body parts if you will. New secondaries will be tied to SC injuries. But I understand what you say about Lay evidence, I did not do my own statement first go around but I am this time as I feel I need too to help assist the VARO understand the what/why etc to spell it out cleanly the SC for the new and increases. The IMO has also opened my eyes to areas that were underrated and not SCed and why they should be. 

Thanks for the insight and feedback.

Share this post


Link to post
Share on other sites

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

    • Type 1 Diabetes recent onset!
      I was diagnosed with Type 1 diabetes in September 2017 OUT OF NOWHERE.

      i am a Navy Reservist and deployed in later 2009 to mid 2010 and again later 2014 to mid 2015; had a 2 year recall between those deployments.  

      Only healthcare received since commissioning in 2008 was from the Navy and no issues EVER.

      insulin dependent and have dietary restrictions and in a non deployable status.

      VA denied initial claim due to Type 1 not showing on active duty and now appealing.

      Anyone with successful experience getting a rating with my circumstances?  I live in Upstate New York.
      • 9 replies
    • Agent Orange Kadena Afb Okinawa
      I am looking for anyone who was on Kadena AFB, Okinawa or .Chanute AFB, IL. My dad was there from Oct. 68-April 70. He has ichemic heart disease, diabetes which has resulted in the amputation of his right leg below the knee and peripheral neuropathy. We were denied in 2002 AMVETS filed a claim on his behalf for heart condition, diabetes and back problems. I refiled in December 2011 and have just received the claim statements and medical release forms. I am familiar with filling out this paper work because my husband is a combat veteran of Iraqi Freedom. I have been reading articles from the Japan times and I am a member of the Agent Orange Okinawa facebook page. Another thing that helps make my dad's case is that he was on Chanute AFB, IL and it is on the EPA Superfund list and has PCBs/Pesticides and Dioxins/Furans listed as ground and water contaminants. I welcome any advice, tips or articles that I may have missed in my own research.
      • 15 replies
    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 10 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
        • Like
      • 6 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines