After 1 yr 6 months going through the same CP exams twice for 7 claims, returned decision of NOT SERVICE CONNECTED for all

[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.

[Berta]

Can you scan and attach here the most recent denial?

Cover your C file# ,name, address prior to scanning it.

I hope you are not dealing with the Buffalo VARO. They can barely read. At least that is my opinion because of the ridiculous denials I got but I pursued them relentlessly until I succeeded.

"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."

Does he have a copy of his SMRS and inservice personnel file?

To include his discharge certificate that lists his inservice disabilities?

Have you yourself seen his DD214 or DD 215?

Can he join us here?

 

 

Posted 4 hours ago

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."

Has that claim been denied?

Was she able to send them the evidence they requested?

As a widow myself of 2 veterans, I know how miserable the VA can make it for many widow's claims.

Was he a Vietnam Veteran, or a Blue Water Navy Veteran?

With more info we can try to help more.

Edited October 25, 2021 by Berta
added more (see edit history)

[Mr cue]

I agree all this new stuff was put in place to hold or prolong a claim.

The new comp system.

My case is also been shop around for a unfavorable medical opinion.

It been to qtc lhi the va hospital all in the last 5 months.

The no phone number to the bva only the va 1800 which has to do iris if you have a problem with the board smh

 I even got a cavc remand in the new appeal system when I did even check the opt in box.

And no one will address it. It's been sitting in the new appeal lane for 5 months. Smh

So you are not alone 

I tell you one thing after this fight for my smc benfits.

They can have all this VA stuff because it's not going to get any better only worse.

[john999]

Appeal all of them.  Don't give up.   I was denied SC for a AO condition and I appealed and got 60%.

[asdf]

Decision letter will state why your claim was denied,  you can then work to overcome that.  Many decision letters now note favorable findings which can work in your favor.  Don't just blindly keep filing like many will say on here.  Fill in the gaps that the VA noted to make your claim complete.

[broncovet]

I agree with asdf.  Read the decision letter carefully, especially the reasons for the decision.    When you appeal, try to refute the reasons for denial.  For example, if the VARO decision states your claim was denied because there was no evidence you had claimed condition.  Then, cite Dr. X's exam dated mm-dd-yy, where Dr. Z stated your diagnosis.  Evidence wins claims

[VetNY12]

Thanks all, sorry for late reply. Yes I am working on Appealing it all. It is now in the Lawyers hands and they too don't move fast (probably the longer my claims are delayed, the more backpay they hope to achieve). So I'm being patient and will keep all updated on the appeal.

 

One interesting thing that is new in the decision letter is the listing of "Favorable Findings". Everyone of my claims have a favorable finding, they just noted for all the claims there is no evidence of in-service complaint. They even said for a couple I did complain, yet they decided to say "Not Service Connected " anyway haha. 

So I will see what the lawyer says and we shall go from there. I'll keep you all posted, hope everyone has more success.

[broncovet]

You posted:

Quote

probably the longer my claims are delayed, the more backpay they hope to achieve

This is a common misconception, probably based on the fact many people dislike attorneys.  

As crazy as it may seem, attorneys like to get paid, too.  They have electric bills, gas bills, and these need to be paid this month, not 4years, or 8 years from now.  So, the attorneys, also, need their money sooner rather than later.  Remember, like you, the attorneys "do not" get interest on their money while VA is delaying getting around to paying you.  It just sits there, while inflation eats it away.  Did you know if you get retro back to 1985, you get the pay due to you in 1985, not in todays rates?  Its way, way less.  

     Its not in the attorneys best interest to delay your claim, he doesnt get paid until YOU get paid.  Like us Vets, attorney's get old and die too, and they may never get paid from VA or Vets.  

      Did you know that Veterans law is one area that results in low compensation for attorneys?  One reason is massive delays.  

If you just got out of law school, had 250,000 in student loan debt, would you want to take a Vets case where you would likely not be paid for 3 or 4 years?  

      This is why there is an attorney shortage who take Vets cases.  Its actually often hard to find an attorney who will take your case.  If they got big bucks for taking your case, then there would be a huge line of attorneys waiting to take your case.  

      I have had probably 8 law firms, over the years, decline to take my case.  Some were too busy, others liked different types of cases, and some were not capitalized enough...they did not have 4 years of income sitting in the bank to live on while waiting on VA to finally decide my claim.   And, some of them just did not see a clear path to winning.  They have to invest their time and money into my claim..often for years..before they can expect to see a dime and they may never see one dime.  Most people just dont want to work today, and maybe get paid 4 years from now.  Do you want to work that way?  I dont.  

    My last attorney practiced "at CAVC ONLY" and did not do BVA appeals.  Why?  Because CAVC can be, and usually is, decided in a year or less.  BVA decisions often take 3 or 4 times that long.  He does not want to wait to get paid.  Also, at the CAVC the Vet rarely pays the attorney ANY thing.  Why?  Because the attorney bills EAJA for the fees when you win or get a remand at cavc.  

     This is why it makes little sense to me to go to the CAVC without an attorney.  You can get his knowledge at resources, and the EAJA has to pay your fees.  

Edited December 22, 2021 by broncovet (see edit history)

[vetquest]

Whether you deployed or stateside when the injury occurred should have no bearing on approval of a disability claim.   Bertha requested that you attach a copy of your denial.  That could help a lot for people trying to assist you.  Remove any personal data first and then upload the denial.  Yes, lawyers do take a while since they want to get all of the data and any necessary medical evidence.  The process is long and lawyers want to be right the first time.