VA claims denied 1 day after my C&p exam

[Ducato90]

On 11/22/2020 at 2:59 PM, kanewnut said:

I would be really surprised if they could get the information that quickly and make the decision. 

 

Did these show up during service? I got depression secondary to chronic neck and back pain. My civilian doctor at the time wrote he thought it was coming from my pain. You can take these up with your current doctor and see what they say.

I had a few injuries while I was in that caused me lower back pain. The problem I believe is they found a tumor in my spine last year and I think they are going off that. 

 

The thing is I've had problems for years and the surgeon told me I probably had the tumor in me for about 10 years, which would mean I had it while I was serving

[kanewnut]

4 hours ago, Ducato90 said:

the surgeon told me I probably had the tumor in me for about 10 years, which would mean I had it while I was serving

I think you need to have the surgeon write that up. 

 

On 11/23/2020 at 10:44 AM, Buck52 said:

This new Dr needs to say this   ''it is my medical opinion after examining this Veteran and reading his medical records  it is likely as not his injury's /disease occurred while in the military  or something close to this.  but he has to examine you and read your medical records from the military

Using the "likely as not" nomenclature to describe what he writes up. 

Try to put your frustration into figuring this crap out. I had a partially crushed T3 in service from a neck accident that was never treated. I applied for back and neck issues when I ets'ed in 1985. Got NSC for the neck and 0% for the back. It has been a long fight but it is starting to pay off. Don't give up hope. Keep learning and keep fighting them. 

[Ducato90]

So I have an update, I recieved my decision letter which stated all 4 things were not service connected. However all 4 had favorable findings that I do have illiness. 

 

Example the va acknowledged I had a major depression order bit denied it was service connected. 

 

2 questions

Should I contact lawyer for an appeal. Which I did but not sure if it's worth it?

Also such as my depression if I didn't mention while I was in does that make it not service connected? Like my issues only got worse when I got out. I didn't feel comfortable talking about while I was in

[GBArmy]

Ducato90  You have to be the one who figures out if it's worth it.

It will usually cost about 20% of the back pay you get, and assuming you keep the appeal process going, for 4 disabilities it could be decent. So it's kinda like how much are you willing to learn and spend the time to work your claim. If you have little knowledge of the process and maybe don't have the time to do it yourself, then go ahead and get a good lawyer. To win a claim , you need 3 things: a) a current diagnosis of a present condition. (Sounds like in findings the VA has acknowledged you have the disabilities.) b) An event or illness in the service that you have as evidence that is the origin of your disability. Ex. hurt your back and went to medical several times, given a profile or light duty and a back brace. c) a Nexus or connection between the event in service, or service-connect, and your current problem. You need evidence. Do you have your medical or str records that indicate these disabilities? How about med records from your private docs? Depending upon what you are claiming, you may have to show a continuity of the problem, Ex. continued to seek medical care for your bad back (and have records to back it up.) If you don't have that,again, depending on what you claim, need to get a doctor's expert opinion on how that original s-c event manifests itself in your current condition. This is the nexus and usually included with his IMO (independent medical opinion) as to how it ties together. If the nexus is no good. or not adequate, you lose. So you need to chose a doc who knows what they are doing. More $. No guarantees; if the IMO isn't good enough, too bad, no refunds. Often, the lawyer has a connection for medical nexus/IMO stuff. Look up the diagnostic codes for your potential disabilities. Understand what symptoms are for their respective ratings. Eval your symptoms with that criteria. Then you have an "idea" of what you may be in line for if you win. If it works out as worth the effort, I would suggest you do this. Read. And then read some more. Here on Hadit. Read BVA case decisions. Lookup the lawyer sites and read on the disabilities that relate to you. After doing this for several weeks or months, you may then get an answer as to if it is worth it to hire a lawyer or do it yourself. We are here to help and answer your questions.

[Ducato90]

3 minutes ago, GBArmy said:

Ducato90  You have to be the one who figures out if it's worth it.

It will usually cost about 20% of the back pay you get, and assuming you keep the appeal process going, for 4 disabilities it could be decent. So it's kinda like how much are you willing to learn and spend the time to work your claim. If you have little knowledge of the process and maybe don't have the time to do it yourself, then go ahead and get a good lawyer. To win a claim , you need 3 things: a) a current diagnosis of a present condition. (Sounds like in findings the VA has acknowledged you have the disabilities.) b) An event or illness in the service that you have as evidence that is the origin of your disability. Ex. hurt your back and went to medical several times, given a profile or light duty and a back brace. c) a Nexus or connection between the event in service, or service-connect, and your current problem. You need evidence. Do you have your medical or str records that indicate these disabilities? How about med records from your private docs? Depending upon what you are claiming, you may have to show a continuity of the problem, Ex. continued to seek medical care for your bad back (and have records to back it up.) If you don't have that,again, depending on what you claim, need to get a doctor's expert opinion on how that original s-c event manifests itself in your current condition. This is the nexus and usually included with his IMO (independent medical opinion) as to how it ties together. If the nexus is no good. or not adequate, you lose. So you need to chose a doc who knows what they are doing. More $. No guarantees; if the IMO isn't good enough, too bad, no refunds. Often, the lawyer has a connection for medical nexus/IMO stuff. Look up the diagnostic codes for your potential disabilities. Understand what symptoms are for their respective ratings. Eval your symptoms with that criteria. Then you have an "idea" of what you may be in line for if you win. If it works out as worth the effort, I would suggest you do this. Read. And then read some more. Here on Hadit. Read BVA case decisions. Lookup the lawyer sites and read on the disabilities that relate to you. After doing this for several weeks or months, you may then get an answer as to if it is worth it to hire a lawyer or do it yourself. We are here to help and answer your questions.

Thank you I appreciate it.

 

I just don't know how I could connect my depression to my service connection. While I did suffer and I have examples none of that would be in my records. I don't I will do my best specially since all 4 of my claims where saying I do have medical conditions confirmed by VA. 

[GBArmy]

Ducato90 Remember what I said: you need all three conditions to win. Not two. Just because they confirm you have a current condition, you have to have an event in the service AND a way to connect it to today's problem. What other disabilities are you trying to s-c? Do you have a hearing problem or tinnitus. If so, and you get it s-c, it is possible that they can s-c depression/anxiety as a secondary. Just a hint at what you need to read up on.