My Supplemental Claim was closed in less than two weeks

[oldfatman]

I did a supplemental claim regarding my Severe anxiety and depression . I am already receiving SSD for this issue. My initial Claim was denied. They said it was not service related. I sent the VA 5 new pieces of evidence and asked them to look up 3 things in my service and medical records. I can't believe they did any of that in less than two weeks. I have been advise to get a lawyer for the next appeal step. Is this Normal for VA to just blow off my Appeal?

[Vync]

That's called aggravation of a pre-existing disability. If they just closed it, you can expect to receive the rating decision within the next couple of weeks. If you filed via a VSO, they should be able to pull up the rating decision letter. I was told recently that you can also go to the VARO in person and request a copy, but I have never tried this (call before you waste a trip).

[Vync]

Welcome to Hadit!

When the decision letter arrives, please read it carefully. They are supposed to describe the evidence they considered and the "reasons and bases" for their decision.

Did you send in a supplemental claim because you filed previously and were denied?

Service connection requires three things (may be referred to as Caluza elements):

1. Event/injury in service (or existing service connected disability)
2. Current diagnosis
3. Medical nexus connecting 1 and 2

 

My initial claim was denied. I knew evidence was in my service treatment records (STRs). They had my STRs, but claimed the records were silent for the conditions. Eventually, they reversed themselves based on what was in those records.

 

In many cases, the VA may just go through your service treatment records first. If they don't find any complaints of it in service, they often deny the claim. This happens all the time and the VA is often wrong.

If you were a combat veteran, it could be related. The only catch is the VA likes to have their own doctors verify the diagnosis.

[broncovet]

There is no such thing as "normal" at VA.  

I recommend you wait a couple months for the envelope, if it does not arrive, then raise a fuss about your claim being closed.  

[oldfatman]

They do not deny my mental condition. They say that it's not service related. I am not claiming that the Marines caused my condition. Only that the Marines made it worse.

[oldfatman]

3 hours ago, Vync said:

That's called aggravation of a pre-existing disability. If they just closed it, you can expect to receive the rating decision within the next couple of weeks. If you filed via a VSO, they should be able to pull up the rating decision letter. I was told recently that you can also go to the VARO in person and request a copy, but I have never tried this (call before you waste a trip).

Thank you for the info.  Is the next step to request a higher level review or go straight to the VA court? I am assuming they denied the appeal because of them taking less than two weeks. Also, nothing has changed on my E-Pay.

Edited January 22, 2020 by oldfatman
Added something

[Vync]

6 minutes ago, oldfatman said:

Thank you for the info.  Is the next step to request a higher level review or go straight to the VA court? I am assuming they denied the appeal because of them taking less than two weeks. Also, nothing has changed on my E-Pay.

I know you're trying to plan ahead, which is a great tactic. However, it would depend on the "reasons and bases" in the rating decision.

Let me give you a couple of examples:

Quote

Caluza elements
1. Event/injury in service (or existing service connected disability)
2. Current diagnosis
3. Medical nexus connecting 1 and 2

 

"1. Event/injury in service" (assuming you are going for direct service connection)
If this element is missing, it means the VA reviewed your service treatment records and could not find any instances where you complained about or were treated for the condition.

 

"2. Current diagnosis"
If you have #1, but don't have a current diagnosis, the VA usually will not just deny your claim that quickly. They would probably send you to a C&P exam for a doctor to determine if you still suffer from the issue.

 

"3. Medical nexus connecting 1 and 2"
This is probably the one that the VA uses to deny most veterans. It happens when a C&P doc determines that the disability is not related to service.

 

Additionally, if you submitted a fully developed claim, they may not even send you for a C&P. FDC's are assumed to be gift wrapped with everything (#1 - #3), but the VA often finds errors.

 

Please keep in mind that your situation could differ. Once that letter arrives, it should explain the reason behind their decision. Also, sometimes their reasons are incorrect. It happens quite often.