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After 1 yr 6 months going through the same CP exams twice for 7 claims, returned decision of NOT SERVICE CONNECTED for allBy VetNY12
Almost took two years to finally get a decision I have been given a rating of NOT SERVICE CONNECTED for all 7 of my claims. I'm hoping others are receiving better outcomes, this time around I had gone through a lawyer thinking that may help, but at this point not really. Next steps will be to appeal unfortunately since there is a massive backlog of claims. But when the VA cannot make a reasonable determination, this is what happens.
One thing I will point out if it helps others, these claims did not have to do during a time I was deployed over seas. Could this be a reason why I was denied completely, who knows this game is very subjective.
My other disabilities I have received were from overseas service, and I had actually applied for them myself, no help from law firm.
I also have been working a veteran who also received a NOT SERVICE CONNECTED decision not only for his issues he was being treated for throughout his military service, but he also got denied for Tinnitus. Very surprising, maybe VA is working on budgeting, deny a bunch of claims, budget looks better.
I even have my deceased fathers claim which has been ongoing for almost 2 yrs and my family are waiting for a decision there for the sake of my mother receiving the benefits she is entitled too.
For our OLDER veterans to go through this crap process is horrible to see and for their widow to to have to standby for way too long wondering if they will received benefits needs to change.
Just sharing my experiences, hoping you others have a better outcome.
Does anyone have any idea how long DFAS Audit take when you see compensation issue on the website or are there any other indicators to look for that tells what is going on with the HLR? This was a HLR for an EED based on CUE. The claim states a new decision has been made but in typical VA fashion I cannot get any information yet! Looking for some insight!
Bare with me as I have done all this work myself, so if I don't have a specific answer or know an abbreviation. All I ask is you give me some time to look it up cause I am not well versed in VA lingo.
I completed a Higher level review (This apparently means sometimes you get a more experienced person, I explained to her all the issues I have been having and she basically said, I will send this back down so they can fix it and she said she has everything she needs to increase my Bell's Palsy which was at 0% and she changed it to 10% She told me she would have to issue me a couple more exams. They are specifically for IBS and Mental Health.
The exam package from QTC for the Psychology exam does not mention a specific condition. (This would be my third mental health exam) The initial application was in 2019 and included depression and anxiety. I submitted a 2900-0659 as my stressor. The second exam from qtc came back and said "PTSD with ADHD" so my claim for "PTSD" was denied. On the latest Denial letter, I have the following line items.
Depression,anxiety and sleep problems (listed as one condition)
Post traumatic stress disorder with attention-deficit hyperactivity disorder, predominantly inattentive type. (VA Doctor thinks I must have seen a child psychologist cause he said and I quote "That's the most insane diagnosis I've ever heard of)
The QTC package for IBS is with a nurse practitioner at a clinic in town.
So is the duty to assist for all of my conditions based on the fact that the previous examiners did not do there job?
I have attached my denied claim for migraines. I have many docs I can attach. I.e buddy letter from my mother ( fractured skull prior to military), and also squad leader that mentions bad landing on military jump service connection ( knocked out). Military entrance exam showing fractured skull. VA NEUROLOGIST stating service connection. Sick call slip headaches. There is more but
post. But I’ll start with the ones attached. I don’t understand the reasoning for denial . They have rated me earlier with SSD. Aalso they show a history of risk factors … and if you look at my disabilities the denied me hypertension , musculosketal pathology of the cervical spine and chronic opioid use (because of my service connection disabilities) … is that not oxymoron.. no pun intended. Did I make a mistake filing as a secondary to ptsd? I could have filed for a Tbi service aggravation.. but if they won’t service connect me for this than who knows.
Any input would be great. I won’t post everything I have but this seems to warrant service connection
if I did not redact anything please let me know.
So what do you understand from this? photo in the Link - https://ibb.co/5Wm84vD
I already got a diagnostic recently after the letter, So if I send the Diagnostic as a supplemental would they come back denying due to no nexus letter?
Or is the nexus already covered?
Also 3rd paragraph - the medical evidence support the conclusion that a persistent disability was not present.
- would this be the next reason for a denial? how you overcome this?
Around November 2007 I was in Afghanistan in the process of being medically transported to Germany and then WalterReed for another condition, I believe I left WalterReed around January or late December and that part of the favorable finding. When I complained of headaches.
This last March 2021 I went to the VA Emergency Room due to strong headaches. I rarely go or complain I just pop some Tylenol or Ibuprofen and call it.
Now I am taking Migraines medication Sumatriptan given to me by the VA.
trying to get as much advise as I can before I send a supplemental claim.
broncovet posted a question in VA Disability Compensation Benefits Claims Research Forum,The NVLSP launched its Burn Claim Assistance program: Details at the NVLSP website:
I have a C&P exam scheduled for next week for sleep apnea. I completed an at home sleep study sent by VES. However, I just visited ebenefits and noticed that my claim has been closed before my scheduled exam. Anyone ever experience this?
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)
broncovet posted an answer to a question,While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.