Veterans Law Blog strategy vs eBenefits

[glashutte]

I studied Veterans Law Blog and he recommends mailing in your claim and organizing the documents like so (see attached). However, is this the old school way to do it?

The only way to do this on eBenefits is to type everything out and attach it as a file in supporting documents. And it would be a lot of files

Edited June 25, 2019 by glashutte

[GeekySquid]

3 minutes ago, glashutte said:

In this case, is it even contemplated by the VA to be service connected or not at all?

we cannot answer that. if you don't have a specific event, don't try and write one. let the VA decide what they want to ask you about it. GERD is one of those diseases that can have non-specific causes.

4 minutes ago, glashutte said:

For the Nexus statement, is this done as part of Statement in support form or separately? 

yeah like I told you last night. Use the main body of the form to list all your claims and dates of diagnosis,  if you are attaching your medical records from the MILITARY at this time, list their exhibit name. If you are attaching CIVILIAN records do the same. Name them as I suggested to you. then say see attached 34 pages for more information.

That said, the VA will ORDER your MILITARY medical records you DON"T have to attach them with your claim. Just give them the dates and the diagnosis. If you have CIVILIAN records attach them or tell them WHERE and WHEN you got them. They will order them.

No matter what you attach / upload the VA will order those records to verify they actually exist at the provider you claimed they come from.

As long as you provide the dates and diagnosis (for military) and dates, diagnosis and location for CIVILIAN you are okay for your INITIAL CLAIM.

then weave your story of your harms in-service.

What caused your MH conditions? what caused your knee conditions... etc etc etc. do the best you can to describe the events that YOU think caused those problems. If the VA wants more info from you they will tell you. The C&P examiner will ask you about them. DON"T LIE. they will check for corroboration.

[glashutte]

7 minutes ago, GeekySquid said:

we cannot answer that. if you don't have a specific event, don't try and write one. let the VA decide what they want to ask you about it. GERD is one of those diseases that can have non-specific causes.

yeah like I told you last night. Use the main body of the form to list all your claims and dates of diagnosis,  if you are attaching your medical records from the MILITARY at this time, list their exhibit name. If you are attaching CIVILIAN records do the same. Name them as I suggested to you. then say see attached 34 pages for more information.

That said, the VA will ORDER your MILITARY medical records you DON"T have to attach them with your claim. Just give them the dates and the diagnosis. If you have CIVILIAN records attach them or tell them WHERE and WHEN you got them. They will order them.

No matter what you attach / upload the VA will order those records to verify they actually exist at the provider you claimed they come from.

As long as you provide the dates and diagnosis (for military) and dates, diagnosis and location for CIVILIAN you are okay for your INITIAL CLAIM.

then weave your story of your harms in-service.

What caused your MH conditions? what caused your knee conditions... etc etc etc. do the best you can to describe the events that YOU think caused those problems. If the VA wants more info from you they will tell you. The C&P examiner will ask you about them. DON"T LIE. they will check for corroboration.

Thank you. 

So, after filing my Initial claim, THEN do I weave my story to the VA and explain to them what I think the causes were? Do I submit additional Statements of support for these separate from my initial statement of support for my initial claim?

[GeekySquid]

2 minutes ago, glashutte said:

So, after filing my Initial claim, THEN do I weave my story to the VA and explain to them what I think the causes were? Do I submit additional Statements of support for these separate from my initial statement of support for my initial claim?

your ITF run out when? tomorrow I think you said?

File the claim with all the conditions you are claiming. By filing I mean fill out the Claim FORM On line at Vets.gov or Ebenefits. they are the same thing just through a different portal.

once that is done, you have a couple days to fill out the Statement in Support of Claim before they are LIKELY to start work on your claim in any meaningful way.

Fill out one Statement in Support of Claim for what ever you filed using the Online Claim  FORM.

If you have buddy statements upload those.

The VA is now working on a National Work Queue. That means people from all over the country reach in and grab the next claim file in order that they were submitted. That person could be 2000 miles away from your RO>

Claims go through a process. at first there is what I call a pre-process where the first person to get it sets up your claim file in their system, sets up the orders to get your military records, associates the files you upload to the claims files. etc etc..

Then it waits until those records arrive.

Could be a week, could be month. depends on stuff we don't know.

There are automatic check points that other people in the NWQ will look at your file to see what is missing or if everything has arrived. those will be different folks than have already touched your file.

When everything they expect is there someone reviews the stuff and decides what C&P's you need to have. and begins the heavy digging into the files to corroborate what you said and uploaded.

Like I said at the top, this could be a week a month we just don't know.

[glashutte]

Gotcha. I'm going to submit this tonight or tomorrow morning and after submitting will gradually upload the statements of support and other documents. 

Thanks for your help sincerely. You've been of great support and a gold mine of information

[GeekySquid]

2 minutes ago, glashutte said:

gradually upload the statements of support a

 

This is an initial claim.

Fill out the online form with all your claimed conditions.

Fill out the Statement in Support of claim and in the remarks section list each claimed item with in-service date of diagnosis.

Add pages that weave your story and  describes the nexus events.

GRADUALLY is NOT YOUR FRIEND.

2 to 3 days at the most to get everything uploaded.

Do NOT upload that 1000 page medical file. The VA is going to order a copy of it for their records.

You will be telling them where your civilian records are and THEY will be ordering them too.

Buddy statements are the only other thing that RIGHT NOW you might want to upload.

you main goal is to beat that clock on the ITF but don't let that drive you to wasting time and procrastinating uploading the Statement in Support of Claim or Buddy Statements.

Again that 1000 page file needs to be put aside for now. Once you get your Cfile then worry about comparing it to what you already have.

You will want both if you have to NOD any award or denial. That is months away. Don't get lost in it now.

[GBArmy]

One important thing you have is s-c of GERD; you have STR that it occurred while you were in and you have it now. GERD is a tough one because it is going to be hard to prove nexus. Almost anything you come up with they will deny and say it was caused by something else. Your weight, for example, which wouldn't be allowed as s-c. So, don't play doctor; get a good IMO from an expert to support the STR you have. One possible connection could be from meds prescribed by the VA for other s-c. disability One example is meds for b/p. Some can cause GERD. But whatever, it is definite you need to get a good diagnosis.