Jump to content
  • momo-001.jpg

     

  • 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

  • 0
Sign in to follow this  
JKWilliamsSr

Claim Reopen Statement question

Question

I am in the process of reopening a claim  that was filed in 2009 and had some questions about how the statement should be worded.

I filed a claim for a bilateral foot disability and was denied because they stated my there was no mention of the claimed disability in my medical records.  I now have definitive proof that they in my SMR's and am requesting a reopen citing 38 CRF 3.156 (c) (1) that one should be a no brainer but you never can tell with the VA.

I also filed for my ankle issues and back issues as well.   I requested a reopen for those as well.   I feel the ankle issues should be secondary to my foot issues but since I did not make that it a secondary disability when I filed my claim I think they will deny that.   The back issues are acknowledged in my records but the VA state that there was no chronic diagnosis.  I figured I will give them a shot and if denied I will just file a new claim for them.

I originally planned on filing a CUE but after some help from Berta and Bronco I think the best option would be a reopen request which is why I am not posting here.

My question is how much detail should I put in the statement in support of reopening.  I have used the search feature and found some good information but no examples of reopen statement letters.  I have one created and would upload it here if I could.  If someone could give me some insight on how I could upload a document I would appreciate it.

Thanks in advance.

Share this post


Link to post
Share on other sites

3 answers to this question

Recommended Posts

  • 0

You are over thinking this.  When you file a "claim", the VA's job is to figure out if its primary, secondary, presumptive, etc.  

I dont suggest you do their job for them because:

1.  They dont like it.    Would you like it if I did your job?  Especially if I told you how to do it?  

2.  You can be a bit "too smart".  If you are too specific on your claim, for example, Doc A may say the diagnosis is x, while doc b may say the diagnois of x is wrong and its y, instead.  So, apply for "foot pain" and dont speculate whether its plantar fasciatis, osteo arthritis, or something else.  Let the doc diagnose it. If you self diagnose it wrong, it can result in long delays to your claim, at best.     I like statments like:  "I would like to apply for a disability of my R foot, as a doctor may so diagnose, both primary or secondary, as the evidence may support.  Its not your job to diagnose your own conditions..your diagnosis wont fly anyway, unless, maybe you are a podiatrist with experience in foot disorders.  Its not a bad idea to list symptoms, such as "Right foot pain, loss of range of motion, and mention how this disorder limits your mobility, your life, and or your job.  

Here is your part:

   Fill the applicable forms in completely, and legibly, and mail it to the evidence intake center, along with your applicable evidence.  Make sure you have all Caluza elements:  current diagnosis, in service event or aggravation, and nexus.  Its a little different if seeking secondary conditions, however.  You need not concern yourself with an in service event, because that will already be documented with the primary condtion.  Dont, however, close the door and insist its primary or secondary..again let the VA rater do their job and decide whether its primary or secondary.  Ask for both to ocver your bases, if there is ANY doubt.  

    When you get a letter from VA, read it and comply with its requests, including attendance for c and p exams, if requested, and/or additional information as well as release forms so they may obtain your records.  Then, be patient.  

Edited by broncovet

Share this post


Link to post
Share on other sites
  • 0

Thanks Bronco that makes a lot of sense.

So simple put.... All I need to do is request they reopen X disabilities.  Cite the Regulations I am making my request from.  Submit my evidence and move on?

Share this post


Link to post
Share on other sites
  • 0

Another question.   I think you touched on it Broncovet but I probably need a little clarification. 

Even though I am requesting the claim be reopened via 38 CFR 3.156 (a) and 38.CFR 3.156 (c) (1) is it still a good idea to list all of the symptoms I am experiencing? 

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

    • Mere Speculation  Comp and Pen
      Hello Fellow Veteran 20 year retired disabled Navy veteran, quick ?? I am going for unemployability through the VA just had my comp and Pen, I do check off all the DBQ according to the therapist , but at the end of it she said in her opinion it would be mere speculation on rather I should get unemployability or not. What’s that mean thanks 
      • 9 replies
    • Man using HadIt name to collect funds -  Go FundMe shuts down campaign following Raleigh man's arrest for fraud
      I was interviewed for  this story. This gentlemen was using the HadIt name to collect funds for some non existent charity. "HadIt.com" is NOT a non-profit. "HadIt.com" will never have anyone collecting outside of Walmarts. If "HadIt.com" does not list a fundraiser on our site it is not affiliated with us. Please read the story and pass on that this person is NOT affiliated with "HadIt.com"

      Note: The text at the top of the video lists me as a nonprofit founder. HadIt.com is a for profit, it is not a non profit and this man is not associated with our site and none of the money he collected had anything to do with our site.

       


      Go FundMe shuts down campaign following Raleigh man's arrest for fraud 
      https://www.cbs17.com/news/local-news/wake-county-news/gofundme-shuts-down-campaign-following-raleigh-man-s-arrest-for-fraud/1866907862?fbclid=IwAR3Z6cTDSvv2yr9f1hKanLjOBeHjLyeJPtOnVQX0vTGmpF0d_eXiGsPaJug
      • 5 replies
    • Additional 100% Disabled Veteran Benefits
      https://www.hadit.com/100-percent-total-and-permanent-service-connected-disability-additional-benefits/

      If you reach 100% P and T there are more benefits available to you. This is by no means an extensive list and we recommend calling the Veterans Affairs at 1-800-827-1000 with any questions about the following benefits.

      Check your state benefits here


      Dental treatment for 100% disabled veteran benefits.


      Educational Assistance for Dependents: (under chapter 35) Must be rated a 100% disabled veteran by the VA.


      Civilian health and medical program for dependents/survivors (CHAMPVA). Must be rated a 100% disabled veteran by the VA.


      Specially Adapted Homes


      Veterans Mortgage Life Insurance: Decreasing term mortgage insurance up to $90,000 for veterans who have received a Specially Adaptive Housing grant and have an existing mortgage.


      Waiver of cost of Service Disabled life Insurance: and additional $20,000 of life insurance at cost to veteran. Veteran must have applied for insurance within two years of initial disability rating or within two years of a new disability rating. An increase in a disability rating does not qualify as a new disability.


      Commissary and Exchange privileges for veteran and dependents: The veteran must request a letter from the VA specifying veteran is in receipt of 100% disability, and then applies for a military ID card at the nearest ID card issuing facility.


      Emergency treatment in non-VA facilities: if VA facilities are not available.


      Annual Eye exams and prescribed eye wear



      Continue Reading
      • 0 replies
    • 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
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines