Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • Donate Now and Keep Us Helping You

     

  • 0

Appeal documents

Rate this question


SPO

Question

Just starting a new thread to reduce confusion.  I'm getting very close to submitting my supplemental claim and want to get opinions on the some of the documents I'll be submitting.  I don't have everything yet, but I'll post stuff as I receive it. First is the statement I plan on including as a lay statement.  Let me know if this seems to look good.

"I have been diagnosed with and suffering the symptoms of psoriatic arthritis for no less the 4 years.  My worst days involve very strong joint pain that can limit my ability to do daily tasks. All of my joints experience pain throughout the range of motion and while static. Both of shoulders are limited in motion by the pain caused when raising my arms forward and to the side.  I am an able to participate in any kind of sport that requires throwing, exercises using my shoulder cause significant pain. Both of my elbows experience increased pain while doing any type of activity that involves them bearing any weight as well as pain while sitting still. Both wrists experience the same pain during weight bearing and static as my elbows.  My hands experience pain and swelling in various knuckles.  My right hip experiences pain throughout the range of motion and increases while walking or standing for extended periods. My lower back experiences significant pain while walking or standing for extended periods. The pain often causes me difficulty sleeping. Bending over causes pain. I experience very sharp lower back pains that have brought me to my knees.  My left knee experiences pain throughout the range of motion. Standing and walking for extended periods increase the pain.  Both of my ankle experience significant pain from walking and standing.  Both feet experience significant pain that results on a limp on a regular basis.  All of my joint problems have resulted in my inability to conduct daily activities without experiencing pain.  Driving, walking, standing, Household chores all cause significant levels of pain.  I've found it very difficult to exercise without cause myself high levels of pain that remain elevated for several days afterward.  I need to remain on constant immuno-suppresive medication, supplemented by NSAIDs in order to reduce the pain levels."

Link to comment
Share on other sites

  • Answers 7
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • 0
  • HadIt.com Elder

Hi SPO 5th line " I am able to participate..." Why are you saying this?Or is it a typo? Your whole statement is describing where the pain effects you, which apparently you have to do to show the overall impact, but it isn't very "personal. "Give explicit examples of how it affected YOU and/or YOUR family. For example, the pain in my hip has progressed so such a degree that I no longer can go on bike rides with my... . Or, I no longer can take my daughter for a run (or walk) together on weekends like we always did. A veteran told me once that on a statement "paint a Picture;" give it something that is visual that a rater can visualize and relate to. By the way, be sure to write it up on VA Form 4138 Statement in support of a claim." I would also strongly suggest that you have a family (adult) member or spouse also write one up and include one or two examples of how this disabilities impacts your family or social interaction. Have them talk about something a little different than yours to cover more symptoms.

.

Link to comment
Share on other sites

  • 0
  • Lead Moderator

My advice:  

    If you want to win football games, focus on things that move the football toward the goal post.  Rather than focus on scoring points, I think I will focus on what I will be doing when my team goes to the Superbowl..what I plan to eat in the snack bar, which hotel I will stay in, and, of course, stock up on your favorite liquor.  

    In a similar way, move your claim toward the Caluza elements.  

    You need to get the horse first, then the cart.  Do the things to GET TO the Superbowl, then you can decide what snacks to have at the game.  

    You have described your symptoms and no focus on Caluza elements.  I advise getting your file and make sure Caluza is well documented, then your symptoms.  Your symptoms will be more credible if you tell them to your doctor, rather than your rating specialist or VSO.  

Link to comment
Share on other sites

  • 0

I have medical records, and a nexus/diagnosis letter coming from my private doc to cover the caluza elements.  This is just a lay statement to add to the documentation.   I've already posted the medical records in another thread, and I'll post the letter as soon as I get it.  Hopefully in the next couple days.

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

If you have family and friends write you up their lay statement  be sure to get them notarized. and stamped.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

  • 0

I would say we have very similar situation with the pain and what it cuts out of our life. I apparently haven't done a very good job of getting it across to the people that matter, ie. C&P examiners, doctors, VARO, etc. As you are being advised try to get the picture painted so they can understand. I have apparently failed at that. Don't let it happen to you.

testing my signature

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

kanewnut

your never a failure if you keep on trying..you will win this.

Hang in there!!!

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • LEArmy93P earned a badge
      Dedicated
    • LtDave earned a badge
      Week One Done
    • HillTopVet earned a badge
      First Post
    • kidva went up a rank
      Contributor
    • AFguy1999 went up a rank
      Rookie
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 1 review
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 reviews
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use