Jump to content
  • veteranscrisisline-badge-chat-1.gif

  • 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
JBrown76

Possible CUE claim?

Question

My husband was medically discharged in 2002. He got his VA rating in 2003. In his VA rating, they state they do not have his complete medical records. On his Rating decision from the VA in KS they state for evidence they have his VA exam in 2003, a partial service medical record that includes his enterance physical from 1993 and 3 pages from his left knee surgery. That was the only medical records they had. 
He got 10% for his left knee, but was denied his right knee, his wrist condition, and his heat stroke where he was air lifted from the field and was a level 3 tramua. 

On his wrist condition, they state- the VA exam found no current disorder. and that there was a history of sprains. They go on to say, the complete service medical records are not available and it is not known whether there were wrist complaints in service. Since no current disorder is found, service connection is dened. 
Aren't they completly contradicting themselves there? And there are no history of sprains in his records, only a diagnosis of wrist tendonitis. 
How could they have done a complete review without his complete records? He even brought a copy of his records with him to his first VA appointment and they stated they had all his records.

He then went back to the VA for an increase in his knee rating and to reopen his right knee and his heat stroke. Again he brought in his right knee surgery MRI, xrays and surgeon notes. The doctor would not look at them since they were on a disk, and refused to let me in the room with him even after he asked to have me with him. Again they did not have his records and he was denied an increase and they denied service connection for his heat stroke. 

He has reopened his claims again this time, and asked for an increase for his left knee. We have notes from 2 civilian doctor stating his conditions have worsened and that they are from his time in service. He also has uploaded to ebenefits his entire medical file and civilian doctors notes. He has 2 screws in his left knee and a 7 inch scar. Does nayone have any advice on how to proceed. Is this a CUE or do we need to just continue to appeal or reopen if he gets denied again? 


 

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0
3 hours ago, JBrown76 said:

f a C&P examiner says that the condition is less likely to have been service connected. But a specialist says Yes it is. I

have you gotten the DBQ from your RO yet?

the C&P bozo does not make the "decision" they just "evaluate" the evidence and the rater makes the call.

without the DBQ in hand you don't know what you are up against so hold off the speculation until you get down to the RO and get that DBQ. Also make sure to get the Letter from VA to the C&P and all other related docs. they might try and balk at that but don't let them.

Did the specialist include their CV, publications and research in with their submission? If they didn't get those things and see if they will write a rebuttal.

The term you are looking for is equipose and in essence it means if two qualified opinions are presented they are in balance. In that event the "tie" goes to the Veteran. This is law and regulation.

The kicker is, that sometimes (okay it seems to be frequently) the VA likes to give their Dr more weight than they deserve.

So your other step while you wait for the BBE is to go back to the notification letter/email from the C&P provider and scan a copy with Dr's name and certifications etc. You want to verify those credentials with your state medical board and license agencies and then have your specialist review them to determine how their qualifications balance.

It is not unknown for the C&P Dr's to be bottom of the class clowns who don't even practice medicine. They just do C&P's and insurance reviews.

One of your avenues of rebuttal will be on the competence of the DR.

Visit the Veterans Law Blog and get a membership if you can afford it; its like a hundred a year or 15 a month...something like that. . Attorney Chris ATtig runs it and paid members get a template to include with their NOD's to attack the Dr's Credentials.

That is important!!!!! if you don't do it at this stage you can lose the right to ever challenge that Dr based on competence...it is a legal thing that has screwed vets for decades.

when you get the Decision and the DBQ, cover all identifying info and scan them to upload here. If we can see the paperwork the collective mind can offer suggestions.

 

good luck, keep us informed

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.


  • Our picks

    • Permanent and Total from cck-law..com
      1:10 What is Permanent and Total Disability?

      2:05 Conditions that automatically receive a permanent and total rating (P&T)

      2:32 Conditions less likely to receive P&T

      4:29 How to find out if your VA rating is permanent

      6:03 Is there a VA form to apply for Perm and Total status?

      6:39 Viewer Question: If you have permanent and total Social Security Disability Insurance (SSDI), are you automatically entitled to P&T disability at the VA?

      8:03 If you receive Total Disability for Individual Unemployability (TDIU), are you permanent and total?

      8:26 The advantages of having Permanent and Total VA Disability Other Protections from VA Rating Reductions

      10:26 Stabilized Ratings

      11:26 Continuous Ratings

      12:57 What to do if VA proposes a rating reduction

      16:03 Final Thoughts & Tips

      https://cck-law.com/news/newsfaq-friday-permanent-and-total-pt-disability/

       
      • 0 replies
    • I filed a claim in october of 2018 for ptsd and TDIU, long story short I tried to do everything myself and didn't have the proper diagnosis so I was service connected for anxiety based on having a medical marijuana card diagnosis for anxiety but the rating was 30% and I much worse off then that. So I obtained a referral from the va to a fancy psychiatrist from the university of north florida's behavior health department and was diagnosed with ptsd, bi polar 1 and panic disorder. I used this new medical evidence as my supplemental claim evidence and filed it April 16, 2019 after receiving my letter March 20, 2019. My claim is now at Pending Decision Approval with an estimated completion date of july 2, 2019 which is super fast from all I have read. My question is, Am I going to be awarded tdiu with the evidence I submitted if they adjust me up to 70% which I think it will . Or if they award 70% for ptsd on this new supplemental claim will i have to re-apply for tdiu again? Or would that all be considered in the final review of the entire claim? Thanks for any help.

      1-22 1BCT 4th I.D. "Regulars by God"
      • 3 replies
    • how do you figure when they will start paying me at the 100% rate, housebound..?  They will start the pay before they finish the back pay?  That would be nice !!
    • Hello:

      If you receive a hysterectomy while you are filing for disability through the VA, will it still count?

      I am out of the military.

      Thank you
      • 1 reply
    • Help needed bad  Male MST
      Is there anything for a man who's been diagnosed with PTSD secondary to MST. I see all this information and it's primarily speaking as if it only happened to females. If anybody has any advice for a man who suffers from this condition please let me know I'm not alone. Also let me know of any coping skills you've learned as I have lived the last 25-30 years of my life in full flight from reality. 
      • 9 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines