Denied Service Connection

[dlove74us]

I applied in 2016 for High Blood Pressure, Sleep Apnea and Diabetes and was denied “not service connected”. In 2017 I applied for PTSD and  was approved for “Service Connection” I reapplied in 2018 for the previous denials, as a secondary to PTSD. Again I was denied because they stated the conditions occurred prior to my service connection for PTSD.

Not sure what to do at this point.  Appeal?

[Navy4life]

32 minutes ago, asknod said:

Obviously Navy4life has never filed claims for CUE or she would never say that.

Nope never a CUE because those issues/situations ARE RARE.  Now if you had said NOD, I would have chimed in.  I had an NOD that was not a PTSD issue.  This topic is about PTSD.....

When I filed my initial PTSD/MST claim, I had been out over 13 years and never knew I could file.  When I decided to file, I had all my ducks in a row.  I filed the claim knowing I had the "clear marker" and I had the in-service incident, continuity of PTSD, and a current VA MH doctor stating I had PTSD.  I went to the VA for MH help and I got it and those records were used.  My initial PTSD award, was not what I expected but I have since had a review and granted an increase.  

The OP's situation is a lot tougher than most and has a MAJOR uphill road, but maybe he can get some sound advice from experts and get the help he deserves to win his PTSD claim because in the end it is about getting service connected, if you are entitled to.  Just my .02 

 

[FormerMember]

On 6/23/2018 at 5:08 PM, dlove74us said:

I applied in 2016 for High Blood Pressure, Sleep Apnea and Diabetes and was denied “not service connected”. In 2017 I applied for PTSD and  was approved for “Service Connection” I reapplied in 2018 for the previous denials, as a secondary to PTSD. Again I was denied because they stated the conditions occurred prior to my service connection for PTSD.

<<<<This topic is about PTSD....>>>>>>

Navy4life. I beg to disagree. This post is not about PTSD. It's about getting secondaries to PTSD. It has now devolved into the perceived secret of how to get SC for anything including PTSD.  I merely wish to dispel the misinformation I read here. You cannot win if you file for PTSD with a PTSD dx from a private doc-be it on toilet paper or a DBQ form.

CUEs are not rare. We just don't always see them. Are Berta's eight (?) CUEs an anomaly or  simply an aberration?  Attached is a claim I filed for R(1)  in Phoenix last fall. But look how VA approached it. They went back and CUE'd themselves over an earlier denial of same-for R(t). Yes, I had a good nexus.  Take a gander. 9 CUEs in just one claim. And you think CUE is rare?  

PTSD merely requires a different approach than arriving with a full-blown nexus. Very, very few of you Vets are ever going to luck out and hornswoggle a VA doctor into a PTSD IMO. No two PTSD claims are alike. In fact, no two VA claims of the any sort are alike. Nevertheless, the repair order is the same in every case. Some Vets do not have glaring stressors in their records. Some don't even have combat medals like my Vet above. Shoot, I have 3 combat Vs.I had a devil of a time convincing them I should get  the §1154(b) combat presumption like Buck until I produced the evidence in 2013 with a revised DD 215. VA doesn't just accept your word. I'm glad I never applied for bent brain. If I had, I couldn't be accredited.   

Hep C claims are also different, Consider this. You couldn't have a dx of Hep C in your STRs in 1968 because they didn't discover the disease until 1989. They came up with a test for it in 1992. So... how do you win? 1) file. 2) get denied and let them hang themselves and say the jetguns didn't transmit Hep C to you (Remember that finding of fact); 3)  develop your risk factor (tattoo in service; STD in service; inoculations via jetgun); 4) submit NOD without a nexus. Then, N4L, I guarantee you will lose. But not because you still lack a nexus. Every single one of these has gone to the BVA. VA Examiners will say it's too speculative to opine. They force it up to the BVA because they are not allowed to decide it at the SOJ (Station of Jurisdiction). It's unwritten but real. When you appeal to BVA, that's when you plunk down your nexus letter. Since the BVA's backlog is out the door, they review the incoming and cherry pick the easy ones. If you have a nexus and you file the motion to waive review in the first instance at the RO level, they immediately grant it. Trust me when I say the idiots at your RO are not going to show up and file a new IMO against you.

Never look at any two claims the same way. If you get a atty/agent on appeal after VSO representation, the Courts view the VSO as a gomer with no legal training. This gives us the opportunity to finesse your claims by repairing them. Quite simply, you had Bozo the clown for a rep but now you have a licensed Sherpa to fix it. Make no mistake about it. VLJs respect us and our knowledge. 

Technique. Course knowledge. Each claim must be viewed in its context. Feel the Force...Be the Force. Leave no one behind -just like Theresa says. Not on a Jungle Trail. My buddies and I had to do that once. Never again. Never. That's why I chose to do this. 

r1 redacted.PDF

[Carl the Engineer]

"I get a bang out of Vets who use their own claims experience as the template for everyone else's when giving advice."

Then you should wear ear plugs when you read my posts.

Cause that's all I got,

Hamslice

I'm lucky I can spell cue..

 

 

[Buck52]

 Hamslice,

I think times are changing I know people change.

A Valid point I want to make about these type claims 

As Navy4life mention she got out 13 years ago and didn't know she could file a claim of PTSD/MST

OK same goes for most of us especially us Vietnam Vets, I was never informed about any type of claim ,& Yes I did have a health check up at my ETS separation, I never had anything wrong with me (as I thought)

At the time we  were all Happy just to be home and out of the military (if were not lifers.) I was not, I did my time and got the hell out.

And just think about our fellow brothers from the Previous Wars of War War I  and War War II  & How Difficult it must been on them and their family's. (May God Bless them All)

 Okay ,How and why on earth would we  all think about filing a damn claim? it never entered my mind, until my health started going down hill at a young age, I thought to myself I'm to young to be going down hill, until one day I had to have an emergency exploratory surgery to save my life, with no Insurance I was took to the VAMC by my father-in-law  and they saved my life that day.

Okay  about a claim  I found out by the VA Dr's and Audiologist back then,  when I got ready to get out of the hospital they mention to me  ''have you ever filed a claim''? it took an operation and an VA Dr's and Audiologist  for me to know I could file a claim for compensation that the military left me out to dry or die. I had no information what so ever about claims until these Dr's mention them to me  Now they never helped me file but they put word in my ear I could file. 

This is when I filed my first claim a little later in life but after denials and appeals I finally won and added a few more claims since.

Now I am not sure how the Gulf War Veterans are being treated when they return home or get out  but I do watch the news and most do have a welcome home party  unlike us Vietnam Veterans there were no party for us  let alone any information on how and why to file a claim.I do think they are informed or brief about there healthcare prior before ETS separation. 

My grandson has been a combat medic now for 4 YEARS in the US ARMY,(Although his old grandpa) mention to him to be sure and get any and all medical care documented while in the service  military or private he supposedly did.

  He is getting out in about a month and they have already sent him information on how to file a claim if he has any military related health problems ect,,ect,,,....he is going to finish his education and get his Master D and move on from there,  his Military Experience ..Well lets just say he went from a boy to a Man in those 4 years and I'm very proud of him for that.

These are just a few of the changes made after I got out 47 years ago.

[eli]

58 minutes ago, Buck52 said:

 Now I am not sure how the Gulf War Veterans are being treated when they return home or get out  but I do watch the news and most do have a welcome home party  unlike us Vietnam Veterans there were no party for us  let alone any information on how and why to file a claim.I do think they are informed or brief about there healthcare prior before ETS separation. 

 

As a first round Gulf War vet we were also told nothing.  It was while my epileptologist was trying to figure out how I ended up with scarring on my brain and epilepsy that I first heard the term TBI.  And we definitely received no parties or thanks, just a bunch of political bitching.

Fortunately those that have been there/done that with the VA are passing on their experiences and wisdom to others via this and other sites.  And it is much appreciated.

[Navy4life]

I was a Gulf War Veteran, right out of bootcamp and as I stated above, I never knew I could apply for benefits.  I never even exit physical.  All I got was thanks for your service. I had my second child two months prior.  For over 13 years I had no idea I could benefit from medical help, let alone compensation.

This site has a lot of great Veterans and a lot of good people who are all giving their advice.  I know for a FACT my experience I shared and many remember my situation in 2016 here.  I wanted to share my experience and make sure that if my experience helped ONE Veteran, then I helped out.  Buck was one of them that gave me sound advice and I went on the talk show for Hadit and that was where I met a great guy that helped me with my final leg of my NOD.  In fact another Veteran went to this same guy after I referred him and he is now 100% P&T. 

So Asknod, just because some of us are not considered experts in your eyes, our experiences have helped

15 hours ago, asknod said:

I get a bang out of Vets who use their own claims experience as the template for everyone else's when giving advice.