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

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Denied for lack of diagnosis but wait

Rate this question


Carl the Engineer

Question

I just received a decision letter today.  I was granted one increase, 3 contentions deferred, and one denial.  The denial says I don't have a diagnosis for the claimed disability.  But, I sent the diagnosis in with the claim, in person, at my CVSO, and I watched him put in the computer.  Not sure if the rater missed the medical record, or if it was taken out, etc.  Anyway, you can see what I see.

Any thoughts, 

Hamslice

20210515_203618.jpg

20210515_203702.jpg

“There is no hook my friend. There's only what we do.”  Doc Holiday 

Link to comment
Share on other sites

Recommended Posts

  • 0
  • HadIt.com Elder

You and me buck seem to be in about the same condition these days. I get 60% for an AO related heart condition.  Has the VA ever sent me to a cardiologist......hell no.  I consult with a cardiologist on my own dime.  I was doing ok until my feet started to bother me a great deal. I worked at the USPS for almost 20 years on my feet 8-10 hours a day.  Now I could not walk a couple of blocks without pain for days. Since I have a hard time exercising I have gotten fatter which hurts my feet even more. I feel that I am caught in downward spiral to an extent.  I could not walk 3 miles if my life depended on it.  Anyone under the age of 60 has probably very limited knowledge of the Vietnam War.  To them it is like WW1 to us.  I sometimes drive down the street and see construction workers on the job or people doing road work in the hot sun.  These are the same guys who would have been beating the bush in Vietnam 50 years ago.  It falls on the back of the unfortunates to fight our wars while upper class twits make money off the wars.  Ask George W. Bush.

Link to comment
Share on other sites

  • 0

Update,

I finally got a copy of my latest Rating letter, not sure why I haven't received the letter yet.

Anyway, they lumped the denied "paravertebral muscle spasm" into my thoracic increase, which actually helped  me more with VA math.

So, no appeal for that as it was addressed and added.

Sometimes you just win anyway,

Hamslice

 

 

 

“There is no hook my friend. There's only what we do.”  Doc Holiday 

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Hamslice Good for you on the increase. "Sometimes you win anyway" may be true, but I would suggest that the veteran doesn't count on it. Are you 100% P&T scheduler? Or, TDIU?

Link to comment
Share on other sites

  • 0
5 hours ago, GBArmy said:

Hamslice Good for you on the increase. "Sometimes you win anyway" may be true, but I would suggest that the veteran doesn't count on it. Are you 100% P&T scheduler? Or, TDIU?

Scheduler.

I had two conditions denied and they are recouping another $1900.00 from my Separation Pay which I paid back in full in 2012.  So, the fights not over by any means.  

LOL,

Hamslice

 

 

“There is no hook my friend. There's only what we do.”  Doc Holiday 

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

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • 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
      • 0 replies
    • 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 replies
    • 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