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How to Modify A Claim to Aggravated from Service rather then Caused by Service


jerome.e.tallant

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Thank you for your time. 

 

I utilized the BBD program. The VA is just now working on my claim. 

 

I made a previous post on this forum explaining my situation. The recommendation was to modify my claim from caused by service to aggravated by service. 

 

How do I modify my claim to say aggravated by service instead of caused by service?

 

Thank you kindly. 

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You "shouldn't" have to do anything.  Its the VA's responsibility to figure out whether you have a:

1.. Direct Service connection

2.  Secondary service connection

3. Presumptive Service connection

4. Service connection by aggravation.  

     Its not the Veterans job to master all types of VA claims to win benefits.  He just applies.  

     All this said, "if" it will make you feel better, send VA 21-4138 indicating you would like to have "aggravation" included.  

     But dont "burn down the bridges" to the other 3 types of SC.  

     When I go buy groceries, they dont say, "Wait!  Are you buying that milk with Direct Service connection or secondary service connection?" 

 No.  They dont care, and neither do I.  If I go to work for VA, then I will concern myself with the differences and how they apply.  Until then (which is forever for me, since Im not going to work again anytime soon), Im gonna let the people who clean McDonald's bathroom's do their job, and the people who parse out various service connections do their job also.  My job is spoiling grandchildren and making Grandma happy.  Oh, and I do help Vets and others, too.  

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Bronco stated "You "shouldn't" have to do anything.  Its the VA's responsibility to figure out whether you have a:."

That is a true statement, you shouldn't have to tell anyone how to do their job. That's called micro management. But you must expect what you inspect. That's one of the problems that we have in today's fast paced society.  People wants money, but will do a half a job but still expect to be paid.

Go clean MC Donald's bathroom. I am not telling you how to do your job. Now if that's a job you don't wanna do, you may half a that job. Of course I am going to check. If it's not right, do it again.

How does this relates to VA claim. Well, let's think about this. Over worked and heavy work loads. The mission is to get claims out. Now who is inspecting the work? Should be team leaders and supervisors. If that was was happening, then their shouldn't be so many appeals that are later granted.

so with that being said, even though the VA should consider, I usually claim direct service connection to include secondary to or by aggravation. I include a support of claim to back it up. Of course I have my supporting documents such as nexus letters, ime and VA doctors notes.

I am not micro managing, just giving them the necessary tools. Now if I get denied which I do, then later on down the road get granted, the vro from the initial claim should be reprimanded. 

 

 

 

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If it makes you feel better send a 21-4138 and include service connection by aggravation of a condition.  

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This is why I  just put hand neck foot etc. The veteran isn't the doctor.

 

Let the VA do there job and if they don't address it right.

You can appeal the aggravated or direct.

I understand stand what the poster is asking I would just let it go.

Do anything will put a delay on things.

If they don't address it right you can appeal it.

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In my many years of successful claims and appeals for service connected conditions I have always used the phrase "caused and/or aggravated by Military service"    When filing a claim for a secondary service condition due to another already service connected condition, I again use the same phrase.

Works for me. 

My comment not legal advice as I not a lawyer, paralegal or VSO.

 

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2 hours ago, Dustoff1970 said:

In my many years of successful claims and appeals for service connected conditions I have always used the phrase "caused and/or aggravated by Military service"    When filing a claim for a secondary service condition due to another already service connected condition, I again use the same phrase.

Works for me. 

My comment not legal advice as I not a lawyer, paralegal or VSO.

 

I do the same as you do. It did not work on my last claim so that is why it's in an appeal status.

As for as being a doctor as mr.cue had mentioned. I am not a doctor but it is in my medical notes as to what the doc had diagnosed.

I just submitted a claim last week.

1. Right arm conditions as well as secondary to serviced connected to left arm. Did a support of statement to include notes and page number and x ray from the doc.

2. GERD as well as to secondary for medications I am taking for my sc conditions. Statement for support of claim listed medications that can trigger acid reflux, doctors diagnosis of GERD and how it affects my ability of life.

3. Sinus. Same thing. The only other thing was I added presumptive for burn pit exposure.

We will see what will be used to deny that claim but I did point out evidence that I have. 

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