I have hadit

[Whodat]

My age and smoking was used against me for ED. Did not consider meds that I am taking. I didn't start smoking until 2 years after I joined the service. 

 

They also said from PTSD with alcohol abuse. Go figure. 

[Whodat]

[Richard1954]

It is very unfornatuate that the VA turned the system into an adversarial one. Many of my initial claims were denied for no good reason. I was medically retired due to Asthma. The va in 1986 denied service connection for Asthma on the initial claim. It took me two years and two appeals to show them they had CUE.  My COPD was in my army medical records, in fact when I retired the Doctors  stated I had COPD secondary to Asthma, and wrote this in the medical records. The VA had to have seen this diagnosas but it was never adjudicated in 1986. Instead  because of my ignorance in 1986 thinking COPD  and asthma were the same thing, so I did not claiim it either. By 2005, I claimed it and provided copies from my active duty medical records that it was secondary to Asthma, they approvd it and gave me a 30% award, by this time I was 60% for Asthma, which by the way are basically rated the same way based on Pulmonary fuction test. I appealed and the appeal was denied, and that was when they combined the asthma and copd into one rating. TBI was also in my active medical records, it was listed as concussion and indicated I was out for 3.5 days, in 1986 the term TBI did not exist, fast foward to 2016, I was awarded 40% for TBI, the rating was based on my reactions to the examiner doing the C/P exam. I requested an EED for both TBI and COPD claiming the VA should have seen these issues in 1986. Of course the appeal was denied, saying it was my responsibility to claim the issues. It was also denied at the BVA. I am now fighting a denial of arthritis of my left knee. The rules say arthritis found on xray warrant a 10% rating. The c/p examiner I had for the left knee and also was the c/p examiner fop the right knee, stated my left knee was worse than my right knee. I received an increase for my right knee arthritis,  for the left knee the rater combined the arthritis with my rating for a torn meniscus of 10% rating , that was awarded years before, denying not only a separate rating, but any rating at all. This is CUE which is on appeal as we speak. My claim for sinusitis was denied for years no matter what I did, I finally took my active duty medical records to Army doctors inm 2004, requesting they review the records and write an opinion. both opinion stated I had serious sinusitisin service. I was award 10%, but it was a real fight to get it. I claimed hearing loss and tinnitis in 1986 again denied and denied 3 more times until 2005 when the VA doctor who gave me my first hearing aids, said I should have been service connected 20 years ago based on the history of my hearing test. The va gave me a whopping 0% for hearing, and 10% for tinnitis. I never claimed knee scars, for what? a 0% rating. Didn't seem worth the time or paperwork. The VA knew I had a second surgery in 1995, at a va faculity, and when I requested an increase ( which was denied) they mentioned the scars, but gave me nothing, Ok so when I requested an increase again in 2018, the c/p examiner measured the scars and I was awared 0%. In 2021 again the scars were measured when I requested an award for my knee rating. Both 2016 and 2021 increases were denied, but they sure made sure I got that 0% rating. The knee claims were not worth the trouble to appeal based on the higherst rating available, it would require IMO's and a lot of hope.My claim for specially adapted housing in 2002 was initially denied, I appealed and told them to read the requirements for an award, I won on appeal. Some of my claims came years after military service, because I had learned a lot since then about claims. But the VA isn't teaching raters how to do the job correctly, and I still get denials or awards for that matter that make no sense or are only rated at 0% or combined with other issues that were approved years before but do not increase the ratings. For examples read what I said above about my left knee arthritis, and for ED, they combied the ED to my diabetes II rating from two years prior without a seperate rating of any percentage, and failed to award SMC K. That claim is now on appeal for CUE. I could go on and on, but most of you see what I am saying. Its too bad the VA does not spend time and money on training raters correctly it would save a lot of time and money if the VA would issue the correct rating the first time. It is because of the VA that many veterans feel the need for lawyers, and paying for  independant medical opinions even when the disability is in active duty records the VA will deny the claim.  In fact when I asked for service connection for Sleep apnea, I paid for an IMO, which was a waste of money becaue the C/P examiner said that it was widely known that anyone with COPD and or asthma have sleep apnea, I was awarded 50% the first try, as secondary to my Asthma/COPD.

[Richard1954]

Unfornatuly this happends to many veterans. First if this or any  issue was in your active duty medical records, and you still have problems and are receiving treatment, it should be considered service connected. Sometimes the VA will make stupid statements and say you did not receive treatment for two or three years after discharge. The facts are that there are no requirements to seek medical care for medical issues, just as there are no requirements to take any medication that was prescribed for any condition. I have noticed within the last 3 years that the raters are really being creative when denying claim, and sometimes even when awarding a claim.

 You should not need an Independant Medical Opinion (IMO), however it is becoming more and more necessary.

Recommendations:

Speak to your primary care doctor and ask his opinion about how your service connected issue has gotten worse, and what can he do to make it better, The Idea is to get something in the record that your doctors think the condition started in service.  You can also ask him straight out to write a medical opinion in you medical records indicating how these conditions are secondary to an already service connected. If he is a VA primary care  doctor,  many do not want to write letters for fear of reprisal from VA bosses, but rest assure they can and most will write something for you if you ask. See attached VA guidance concerning writing IMO's for veterans.

Another recommendation is to go on line, and find all the articles you can concerning your medical issues, and how they can be secondary to your already service connected condition, don't provide the va with every article, but 3 or 4 per medical issue can help.

The bottom line the VA was never setup to be adversial but they are now and have been for a long time, and many claims that should be approved on the first claim are denied over and over again, before  they finally get approved. I too have faced this issue many times, and all we can do is to continue fighting.

Form for Doctors Statements.pdf VHA directive 2000-029 Medical Opinions by VA Doctors.pdf

[Whodat]

Great info. Thank you. 

[Dot09]

I won my claim for migraines due to mental health stress in 2 months. You need to have the compensation examiner fill out section 6 of the aggravation on the disability questionaire. Stress is a big culprit in triggering migraines. Try to get a DBQ filled out as well.

Edited May 27, 2022 by Dot09