supplemental claims sent in oct 3, 20 and all denied in 5 days or less

[datart 0]

I sent in the supplemental claim form with attached statement in support of claim and added evidence. It took only five days or less to deny my requests on several issues.  I don't think they looked at anything other than supplemental claim form and nothing else. I did not use a VSO although the american legion is listed as my VSO (i tried contacting them but never got any appointments, etc, they ignored me and same with DAV, and others too).  I did my original claims on my own, no help from anyone (I recently found you site searching about this).  I managed to get 60% disability.  I suffer from IBS and was told by the examiner I needed proof of a diagnosis.  I had a diagnosis from a specialist who has moved around and no longer has records for me as they were from over years ago. I found a record of being sent to him and being prescribed meds for IBS and then getting another drug as the first was causing issues.  I don't like drugs and so over the years i would get a prescription from a doc in the box when IBS was flared up. I had to this in July as I was stressed, upset as I lost a brother and nephew to covid in June.  I sent this in with my claim and proof that I still suffer daily and get meds when it is really bad, as i thought when in doubt the VA gives the vet the benefit of the doubt.  IBS then would benefit my claim of auto immune disease and other odd illnesses that all started in same time frame.  I guess they don't want that as I am a Gulf War vet and that mean gulf war illness and harder to deny associated illnesses like skin cancer, pre cancerous lesions, unexplained rashes, Reynolds syndrome, etc.  I served in guam, california, on board uss missouri.     It just seems odd they got my claim and decided in record time, is this common these days?  What can i do as I don't want to start over as that would mean losing that time and payments if given high enough ratings.  Some things i just asked to get service connected like my ankles but they said there is record of it but not an issue today.  VSO is that good route if there are any good ones that could help.  Of should i try the legal route with a lawyer?  any suggestions and experiences .  thank you

[Fat 236]

Datart, dont give up........

Continue the appeal.

All the information stated on Hadit is correct.

 

Remember in-service incident, current diagnosis, and nexus letter connecting the two.

 

Continue the appeals, but first look at all five claimed issues to see if you have in-service incidents.

It doesn't have to be the exact issue/diagnosis, but a similiar or like issue/diagnosis.

Save those in-service records specific to the claimed issues. Important

 

Next, go to a doctor or specialist and have them test for all claimed issues.

This is important because it gives you a diagnosis by reputable means. Important

You can secure a diagnosis, but medical testing has to correspond to a diagnosis. Very important............

 

Last, if tests verify a current diagnosis, show the doctor corresponding in-service medical paperwork and ask him to offer a opinion.

Let him know this is not legally binding, but is a medical opinion on causation between two diagnosis.

Tell him the threshold is 51% (at least likely than not) the two diagnosis have causation.

 

If he agrees, ask him to offer a medical statement (nexus) defining how and why the issues are connected.

 

I hope this helps, you seem to be on the right track. Get the medical information lined up.

Edited November 12, 2020 by Fat

[USMCNEVERFORGET 3]

Hello and don't give up. Did you request a higher level review with a phone call??? Supplemental evidence gets looked over and goes back to the same rater most of the time. They see your name and if it's not something that's going to sway them or even a little bit in your favor it's going to get denied. I had same thing happen to me two more pieces of evidence submitted with my supplemental and they didn't write it down in the denial letter.  A week apart.  Just out of curiosity did the denial letter say " evidence submitted isn't relevant" .  Also check your decision letter and go over all the documents they used to determine the outcome.  HLR is available but no more evidence can be submitted. ALL THE EVIDENCE IS IN and you want a new rater (different set of eyes)  usually a senior person to look at the claim and make a new decision. Usually 5-6 months for them to even look at the higher level review might be more due to the pandemic.