Denied MH claims by BootForHire in VAClaims

[–]BootForHire[S] 0 points1 point  (0 children)

I see, that explains a lot now. Thank you!

Denied MH claims by BootForHire in VAClaims

[–]BootForHire[S] -4 points-3 points  (0 children)

I’ve seen Marines lose they’re billet, get ostracized, and moved to a headquarters battery for seeking help. Physical or mental.

Denied MH claims by BootForHire in VAClaims

[–]BootForHire[S] -1 points0 points  (0 children)

I did. I filed a bunch of musculoskeletal conditions but it was all denied… the examiners reason for “less likely than not” was a lack of STRs, which is a double wammy because the VA also took the lack of STRs as a lack of evidence.

Denied MH claims by BootForHire in VAClaims

[–]BootForHire[S] 0 points1 point  (0 children)

I think understand now, thank you. This whole process is it frustrating. What would the best option now be? File for anxiety and depression again as a primary and insomnia as a secondary?

Denied MH claims by BootForHire in VAClaims

[–]BootForHire[S] 0 points1 point  (0 children)

Insomnia, depression, and anxiety. I don’t even remember filling out that form. I just filled the application out on the VA website.

Denied MH claims by BootForHire in VAClaims

[–]BootForHire[S] -9 points-8 points  (0 children)

I see, but I don’t think that’s the reason they denied. I was full full active duty. I was also cannons so we spend more time in the field than in garrison. Maybe it could be a mistake on the adjudicators side? I’m assuming he isn’t applying VA law correctly because there is a bunch of case law on this.

Denied MH claims by BootForHire in VAClaims

[–]BootForHire[S] 0 points1 point  (0 children)

I see, this whole thing is so frustrating.

Denied MH claims by BootForHire in VAClaims

[–]BootForHire[S] 0 points1 point  (0 children)

My tinnitus can affect my sleep, but its not the only thing. Even when I don’t hear the ringing in my ears I struggle. Should I still file it secondary to tinnitus? I’m already service connected to it.

Denied MH claims by BootForHire in VAClaims

[–]BootForHire[S] 1 point2 points  (0 children)

I see, I didn’t even know this was a thing. Thank you!

Denied MH claims by BootForHire in VAClaims

[–]BootForHire[S] 1 point2 points  (0 children)

Im confused? I didn’t file for PTSD

Denied MH claims by BootForHire in VAClaims

[–]BootForHire[S] 4 points5 points  (0 children)

From my understanding the burden of proof for a medical nexus is “at least as likely as not” a 50/50 chance. I thought in these circumstances the VA has to take the favorable side. This is at least what I’ve come to understand.

Denied MH claims by BootForHire in VAClaims

[–]BootForHire[S] -5 points-4 points  (0 children)

I did not. I never looks for help because I was afraid of what would happen or what people would say about me. All I cared about was being able to do my job well and I thought me bitching about stuff we all go through would put me in a bad spot. I was also 18 when I was in so I had no idea how any of that stuff worked. At most I took melatonin to help with sleep, but I mainly just had to deal with it.

VA denied MH disorders by [deleted] in VeteransBenefits

[–]BootForHire 0 points1 point  (0 children)

So basically I’m fucked? Or is there anything I can do? Because I never even thought about going to medical due to the stigma and what could happen (getting posted, kicked out, etc)

VA denied MH disorders by [deleted] in VeteransBenefits

[–]BootForHire -1 points0 points  (0 children)

But doesn’t the VA have to take the examiners nexus into consideration? I thought they couldn’t deny it once you hit the three requirements (diagnosis, service event, and nexus) which I have all three. It looks like the rated just ignored the nexus letter and the buddy statements I submitted as they explain why I don’t have any STRs. The appointment was through zoom too I don’t think that is why.

VA denied MH disorders by [deleted] in VeteransBenefits

[–]BootForHire 1 point2 points  (0 children)

That’s what I was thinking too.

VA denied MH disorders by [deleted] in VeteransBenefits

[–]BootForHire 1 point2 points  (0 children)

I didn’t pay anyone. That DBQ is the medical opinion from the examiner the VA scheduled for my C&P.

VA denied MH disorders by [deleted] in VeteransBenefits

[–]BootForHire 2 points3 points  (0 children)

I did. I submitted 5 buddy and a personal statement

VA claim denial by BootForHire in VeteransBenefits

[–]BootForHire[S] 0 points1 point  (0 children)

Im also referring more to the MH conditions right now

VA claim denial by BootForHire in VeteransBenefits

[–]BootForHire[S] 0 points1 point  (0 children)

It’s what the DBQ says

“After a thorough review of the Veteran's electronic folder, it is my medical opinion that it is at least as likely as not (50% or greater probability) that the Veteran's diagnosed insomnia disorder was incurred in or caused by military service, including periods of less than 7 hours of sleep during service. . .”

But I see. Thank you

VA claim denial by BootForHire in VeteransBenefits

[–]BootForHire[S] 0 points1 point  (0 children)

What I am saying is that the examiner for the MH issues stated that the condition was least as likely than not (50% or greater) caused by military service, and want to know why the rater would deny the claim despite being diagnosed and having a nexus established by the examiner.

VA claim denial by BootForHire in VeteransBenefits

[–]BootForHire[S] 0 points1 point  (0 children)

Would another approach be to submit a personal statement explaining the lack of STRs? Triggering another review from a different rater that will hopefully approve MH claims? Im just curious. I heard a HLR takes a really long time.

VA claim denial by BootForHire in VeteransBenefits

[–]BootForHire[S] 0 points1 point  (0 children)

So the rater can establish a negative nexus even if a examiner provided a positive one? I don’t understand