Ready to submit for increase. Seeking advice.

[USMCVMO]

 

Hello all - I think I am ready to submit a claim and want to make sure I have everything covered.  

I am currently 50% for a back injury which I was approved years ago.  At that time, I also submitted for cervical spine which they deemed not service connected.  I did not appeal.  My neck worsened over the years and I am going to try again with more evidence to get rating increased.   The previous DBQs were handled by my private physician with no VA doctors involved.  I have the following ready to go this time.

1.     Updated cervical DBQ showing worsened results from the previous one.

2.    Letter from private physician stating he believes it is highly probable my condition is service connected.  Aka Nexus letter.  

3.    A buddy letter whom I had lived with during my enlistment stating my complaints of neck issues were present during my service.  

4.    My own letter in support of claim.

With this in hand can I mail this in  myself or do I need to see the VSO?  It’s a rather long wait around here.

Am I missing anything?  If there is private help here for someone experienced to review these I have them all electronically.  

 

Thank you all during this Memorial Day Weekend.

[Buck52]

Its always good to get it right the first time around, you have got some great information here  please use it.

 

[USMCVMO]

23 hours ago, paulstrgn said:

You can also file online for an increase as well as new disabilities. During the online process you also have the option of uploading all your support documents (if you have an electronic copy). This way the claim effective date would be today. It is just another option besides mailing it in.

 

Good luck with our claim! 

I am trying to continue my online app  this morning.  I started in January electronically with the intent to file.   If I click the button below (Continue your application) it doesn't do anything other than refresh the web page (https://www.va.gov/disability/how-to-file-claim/) .    I tried both Chrome and Safari from my Mac.  Any ideas?  Here is a snapshot.  https://photos.app.goo.gl/u5isDHYpbQMChA8m6

Edited May 27, 2019 by USMCVMO
typo

[doc25]

On 5/26/2019 at 7:28 AM, USMCVMO said:

 

Hello all - I think I am ready to submit a claim and want to make sure I have everything covered.  

I am currently 50% for a back injury which I was approved years ago.  At that time, I also submitted for cervical spine which they deemed not service connected. I did  not appeal.  My neck worsened over the years and I am going to try again with more evidence to get rating increased.   The previous DBQs were handled by my private physician with no VA doctors involved.  I have the following ready to go this time.

1.     Updated cervical DBQ showing worsened results from the previous one.

2.    Letter from private physician stating he believes it is highly probable my condition is service connected.  Aka Nexus letter.  

3.    A buddy letter whom I had lived with during my enlistment stating my complaints of neck issues were present during my service.  

4.    My own letter in support of claim.

With this in hand can I mail this in  myself or do I need to see the VSO?  It’s a rather long wait around here.

Am I missing anything?  If there is private help here for someone experienced to review these I have them all electronically.  

 

Thank you all during this Memorial Day Weekend.

Since you did not appeal the C-spine claim, you'll need to go the Supplemental Claim route to re-open. It appears you have "new and relevant" material.

Highly probable is not sufficient enough language for VA law to grant a decision based on a private dr. stating this. Although it brings up a reasonable amount of doubt. The VA has to send you to a C&P exam to get the proper nexus, if your private dr. can't or won't correct this. 

Here is what is required for a granted decision-

The veteran's claimed condition is: (either one of these three)

1. "due to" (100% probability) the claimed condition is the result of military service.

2."more likely than not" (greater than 50% probability) the claimed condition is the result of military service.

3. "at least as likely as not" (equal to or greater than 50% probability) the claimed condition is the result of military service.

 

The other route to take IF this claim gets denied, is secondary connecting the C-SPINE condition to your service-connected back condition.

Here's a quick hip pocket lesson on how the musculoskeletal system works:

For the most part, every issue begins from the bottom; to the top. Our feet are the foundation of how we get around, then the ankles, knees, hips, lower back, mid back, neck, then head. See where I'm going with this?

[ You can also claim secondary issues that are on the opposing side of where the service-connected disability is located at, but I can explain that later.]

Since you have a back issue that is below your C-spine; your C-spine qualifies for secondary connection.

These are just recommendations.

Best wishes.

[USMCVMO]

30 minutes ago, doc25 said:

Since you did not appeal the C-spine claim, you'll need to go the Supplemental Claim route to re-open. It appears you have "new and relevant" material.

Highly probable is not sufficient enough language for VA law to grant a decision based on a private dr. stating this. Although it brings up a reasonable amount of doubt. The VA has to send you to a C&P exam to get the proper nexus, if your private dr. can't or won't correct this. 

Here is what is required for a granted decision-

The veteran's claimed condition is: (either one of these three)

1. "due to" (100% probability) the claimed condition is the result of military service.

2."more likely than not" (greater than 50% probability) the claimed condition is the result of military service.

3. "at least as likely as not" (equal to or greater than 50% probability) the claimed condition is the result of military service.

 

The other route to take IF this claim gets denied, is secondary connecting the C-SPINE condition to your service-connected back condition.

Here's a quick hip pocket lesson on how the musculoskeletal system works:

For the most part, every issue begins from the bottom; to the top. Our feet are the foundation of how we get around, then the ankles, knees, hips, lower back, mid back, neck, then head. See where I'm going with this?

[ You can also claim secondary issues that are on the opposing side of where the service-connected disability is located at, but I can explain that later.]

Since you have a back issue that is below your C-spine; your C-spine qualifies for secondary connection.

These are just recommendations.

Best wishes.

Thanks so much.  The MDs letter states he believes it is "highly likely.   He will change if needed.  I would love to share the whole letter with you if you are willing to review.  

[doc25]

On 5/27/2019 at 10:00 AM, USMCVMO said:

Thanks so much.  The MDs letter states he believes it is "highly likely.   He will change if needed.  I would love to share the whole letter with you if you are willing to review.  

I'll take a look at it. Be sure to Redact or darken any identifying personal information.

[USMCVMO]

6 minutes ago, doc25 said:

I'll take a look at it. Be sure to Redact or darken any identifying personal information.

Thank you. I will redact and send, just like Washington    On this subject is there a paid service that will just help me?   I am in the middle of moving and this is long overdue.  I appreciate all the help from other veterans.  I would really just like to have someone go over everything and make sure I have the best chance of success.  It well worth it to me.