VA Claims6 Reasons to Keep Pursuing VA Claims and Appeals – AFTER you reach 100%

[john999]

I had a VA exam doctor accuse me of faking because I had a college degree.  I kid you not.  These half-ass VA C&P doctors have absorbed the VA prejudice against vets to think we are all fakes and scammers.  Wonder why many vets who have been around for years have huge distrust of the VBA.  The medical side is tolerable, but anything to do with cash benefits are pretty horrible. 

[drago]

1 hour ago, broncovet said:

 

     ONE way VA burns Vets, your doc may ask you, "when did you first notice (your symptoms)?  Gee, I dont remember, it was probably last year.  

     So, you go to another doc, much later.  You remember, that you hurt your self on a 4th of July picnic.  So, you tell the doc the 4th of july (20xx).  

  

 

*broncovet-I've experienced the same thing, and after the first time I always made sure to follow-up with something like "you know, they asked me that last time and I couldn't remember for sure, so I looked up at home in some of my old pictures", or my wife had it noted on a calendar. In my case, I had ended up with thinking something had lasted one day, but paperwork and docs made it look more like two days. So I always have a disclaimer of "well, I remember it being one day, but the hospital records seem to indicate two days".

Also have a claim about my back. Injury goes back to time in service, but no STRs about back. When I first sought treatment I was out 5 years or so, and gave the civilian doctor the cause as what I was lifting at the time. The injury in service didn't cross my mind. I repeated the story of injuring my back while lifting to several doctors over the years, so it is all through my records. Fast forward to a year or so ago, and my physical therapist asked how I hurt my back initially. I said lifting something. He said no, my injury would not have been from lifting, would have been from trauma previous to that, probably 4-6 years before that. I say like a blah-blah accident, and he says EXACTLY. I tell the VA, and they glom on to the lifting injury as the cause not a symptom, and kind of imply I've changed my story.

Well, I HAVE changed myOPINION, but not my story. First time for treatment was 5 years after service at the first real sign of symptoms. I thought it was from lifting, BUT I'M NOT A DOCTOR. Trying to convince the VA has not been successful, and frankly from their end I get it. All through my records for 30 years it was from lifting, NOW to get compensation I say it was the military. So I just will keep providing more info to them. First PT buddy letter didn't sway them, so having him write another with more medical detail.

And I had asked this previously on the forum, and it seems to have worked well. I now take very specific written notes along on all my issues, with the items for a particular C&P highlighted. I answer their questions from my notes because at any given moment I don't remember things well, and then I give them the notes when done. All truthful, and all consistent. My two biggest fears in the process were being labeled a malingerer or be accused of lying. Having well thought out notes based on memory and documents helped with both of those. Tell the truth, the system will sort it out.

Edited January 11, 2022 by drago

[Richard1954]

Ok so I will add my two cents.  Until recently, I had always though that it made sence to persue claims that you think are service related. But at some point the time it takes to work on a claim may not be worth the effort.  I actually have a TDIU rating, ititially it was with an 80% combined rating, then a 90% combined rating, and finally I was awarded 100%. Prior to the 100% I was awarded a k award for loss of use of a foot. When I reached 100%, I requested A&A, initially I got housebound, fought and got A&A at the L 1/2 step due to a separate 50% or more rating. In the meantime I was pursuing a claim for adapted housing, initially it was denied, I appealed and it was granted. Since my 100% rating, I have been rated 40% for TBI, 50% for sleep apnea, 20% for diabetes II, increase in  knee ratings, one from 10-20% for arthritis, 10%  for secondary larngatis , 60% secondary for my eyes because of steriods, recently ED award secondary to Diabetes, which was also secondary to steriod use for my lungs. I could go on and on. But in the end, I have a TDIU rating, a single 100% rating for one issue, and another 100% rating for all the other combined issues. I mentioned adaptive housing, I also was awarded vehicle grant with adaptive equipment. I am working on 2 more k awards right now, one for loss of use of my left eye, and one for ED that should have been granted when SC was awarded.  Most of my claims were won on appeal, my initial claim for asthma was denied, ironically, that was the reason I was medically retired from the Army. I had to appeal it twice, the second time I claimed CUE this was in 1988, I won that claim at 30% and today it is rated 100%.  At some time I may quit chasing claims, but frankly I enjoy the challenge, and I love it when I win on appeal, it makes me want to start the next claim. Some of you could fingure out my compensation, some may not figuire it out, so I'll just say my compensation is well over the 100% rating, per  month. It was those 10% and 20% claims that finally  totaled a second 100% claim. 

Edited May 27, 2022 by Richard1954
clarified