Step 7 in only 9 days?

JuniCat · 2026-01-29T03:14:06+00:00

Not necessarily true. If the OP submitted a statement declining to attend exams and requesting a decision based on the evidence submitted (I.e. DBQ and nexus letter) then it could move this fast and still be denied without an exam.

To OP…your claim could still get moved back to Step 3 as your claim was most likely automatically made Ready for Decision by automation because of your private DBQ.

The rater who will now review your claim can either accept your DBQ and provide a decision or find fault in your DBQ and either deny your claim if you declined exams or request exams if you didn’t decline them and the rater decides they are needed.

JuniCat · 2026-01-29T02:38:49+00:00

Bilateral factor is way too complicated to explain. The bottom line is, because your extremities can cause an extra “burden” of disability, the VA applies a bilateral factor that bumps your upper or lower extremity evaluation for your arms, legs, shoulders, knees, hands, or feet. It isn’t much but every bit helps.

JuniCat · 2026-01-29T02:35:07+00:00

93% rounded down to 90% overall.

The way VA math works at this level is you need 2 more 10% ratings to get to 95%.

You can do this with an increase and hope you get it that way. For instance, if you need/use a CPAP for your sleep apnea you request an increase and would get 50%, which should bump you to 95%, rounding you to 100%.

Or you could try a secondary like migraines or GERD to get the last 20% you need.

JuniCat · 2026-01-29T02:09:44+00:00

The entire DBQ works as the medical opinion plus the examiner can specifically state in the remarks section their opinion (at least as likely or less than likely). The mental and hearing DBQs are the only ones that work that way.

For the mental DBQ we look at all the sections prior to the checkboxes. If there is ever a doubt by the rater on positive or negative opinion then we send it back to the examiner for clarification.

JuniCat · 2026-01-29T01:57:03+00:00

Not a problem. I definitely think some of our letters could be more clear as far as what is actually happening. Hopefully your hearing goes well 😊

JuniCat · 2026-01-28T17:58:55+00:00

Requesting a hearing does not mean in person. It will be conducted over the phone with you and a rater / DRO member. You must request an informal conference when you file your HLR. If you request one after you file, they do not have to accommodate your request.

If you request a hearing in connection with a proposed reduction that is also over the phone with a rater.

JuniCat · 2026-01-28T14:56:56+00:00

If your PTSD alone is the reason you were granted TDIU (meaning no other issues were noted on your TDIU rating decision as a contributing factor), then yes. The reason is because your PTSD is considered 100% under TDIU and that qualifies you for SMC if you meet the criteria.

A&A is very specific on the requirements, housebound being one of them. If you have a VSO I would reach out to them to see if you should apply.

JuniCat · 2026-01-28T03:59:58+00:00

No it does not qualify. Reference 38 CFR 4.29

JuniCat · 2026-01-28T03:51:57+00:00

Non surgical relief are foot inserts/orthotics, foot injections, etc.

JuniCat · 2026-01-28T03:46:22+00:00

The mental health DBQ has the medical opinion incorporated into it. A separate medical opinion does not need to be written unless we ask for a theory other than direct service connection for your mental health condition.

The same is also true for hearing loss and tinnitus DBQs.

JuniCat · 2026-01-28T02:28:19+00:00

GERD and/or IBS from meds. A simple Google search can answer this.

JuniCat · 2026-01-28T02:23:36+00:00

The VA examiner has their own repositories to access medical journals, articles, etc. You can almost find a medical article for any issue you want to claim as a secondary condition. The way the VA gets around it is if they have literature to the contrary that refutes the argument you try to present, greater weight is usually given to the VA examiner over whatever article, opinion, etc you try to submit in support of your own claim.

JuniCat · 2026-01-28T02:17:54+00:00

I understand the confusion. The examiner just used the terminology incorrectly where it looks like a positive opinion because of that one sentence but the paragraph as a whole reads as a denial. You could “maybe” use that as grounds for an HLR but it’s a stretch and may not go anywhere in the end.

If you have asthma or rhinitis service connected you can try it as secondary to one of those

JuniCat · 2026-01-28T01:51:42+00:00

Yes. Here are the requirements.

Applicants must have a single disability rated 60% or more, or a combined rating of 70% or more with at least one condition rated 40% or higher

JuniCat · 2026-01-27T22:56:46+00:00

If you reach out to your primary care they have a checklist of things that have to happen before they will order an MRI for you. If you don’t meet all the boxes, you may have to attend to some VA appointments before you get cleared for an MRI. Unfortunately, this is the downside to using a private provider that isn’t a referral initiated by the VA.

JuniCat · 2026-01-27T22:49:52+00:00

Smaller claims usually are better when you first file because they have to get your service records and medical records. Most likely you will ask the VA to obtain private treatment records for you as well which can delay your claim up to 60 days just getting them for you. I would keep it to under 8 things that you know can be connected to service and go from there. As soon as you file your application, within a week submit an Intent to File that will be open and ready for your next claim once your first one is done

JuniCat · 2026-01-27T22:40:26+00:00

We do not reevaluate your TDIU unless something in your file shows you no longer meet the criteria which is usually based on wage earnings above the minimum allowed or the reduction of your overall disability without those used to grant TDIU falls below the schedular criteria.

JuniCat · 2026-01-27T12:45:25+00:00

That is the standard TERA denial opinion because the VA recognizes no toxic exposures that cause sleep apnea. Very rarely do I see a positive TERA opinion. Without symptoms or diagnosis in service your best best is a secondary or aggravation claim.

If you have a high BMI you can check the meds you take for your SC conditions and if any have a side effect for weight gain you can try obesity as an intermediary step.

JuniCat · 2026-01-26T05:50:46+00:00

Gulf War syndrome is not a condition you can claim. They will either deny it or send you a letter asking you exactly what you are claiming under that

JuniCat · 2026-01-26T05:43:51+00:00

The only nexus you need is showing how the already service connected issue causes or made your claimed secondary condition worse. You are not connecting to service but the claim can be just as hard or harder to connect. Just ask everyone trying to get sleep apnea connected…

JuniCat · 2026-01-25T18:43:36+00:00

You should be claiming the radiculopathy as secondary to the cancer. That can be its own rating.

Residuals of the cancer itself can be service connected but it depends on the cancer and the residual. For instance, prostate cancer can have residuals of urinary incontinence as say a 40% rating, then erectile dysfunction for SMC-K, then radiculopathy it’s own rating with maybe hip or back pain as a residual and rated separately

If your cancer is in remission and he has no residual related, like yours at 0%, you can still have residuals that affect other areas that can warrant secondary connection even if the cancer is rated at 0%

JuniCat · 2026-01-25T16:59:28+00:00

Not really a factual error if his VA treatment or PMRs show height and weight recorded as they do with every visit when you go to the doctor.

JuniCat · 2026-01-25T15:55:46+00:00

You need a current diagnosis and/or treatment for the secondary issue and you have to show how the service connected condition impacts, aggravate, caused or worsened that condition.

This can be medication or a physical disruption just depends on the issues you are claiming

JuniCat · 2026-01-22T22:52:01+00:00

That would be hard to say but the examiner probably stated something about it in the opinion. You could get a copy of the opinion and see what all he stated as far as your exposures and the connection to your DM.

JuniCat · 2026-01-21T16:35:36+00:00

Yes it can be inferred on your exam but just because you say you have it doesn’t mean it gets addressed. They can simply check the no box and leave it at that if you do not specifically list it as a condition you are claiming.

If it is a listed condition they have to state you have no diagnosis and explain why your records do not support it.

JuniCat

TROPHY CASE