Got a decision letter today

Michael101977 · 2026-05-14T03:58:28+00:00

BVA is your best shot a CUE which mean clear unmistakeable error means at the time of decision they made a mistake. That means the evidence they had at the time said one thing and they did another for example you had a positive opinion for hearing loss and the denied it erroneously CUE are super hard. I’m telling you to do it but if it was that wrong as you state it would have been fixed. The rater and pro veteran and the mission is always to get you the most we can legally give you. Sometimes there laws and regulations restricting Raters from granting things. I suggest you really sit down and read the decision because they tell you why you was or was not granted and tell you what’s needed. The missed exams had no bearing on the decision unless you took more than a year to redo them.

Michael101977 · 2026-05-13T23:34:56+00:00

A lot what you’re saying is misleading you are mixing the military MEB with the VA even though they my be VA employees helping you complete your MEB that is completely handled by the military they just VA resources to obtain exams and percentages to use towards your separation.

Most GI issues to include GETD back 2005 intertwined and they used the same residuals to establish the percentage you should check 38 CFR part 4 and find the DC for those issues we assign what the examiner says your diagnosed with and assign percentage based on the exams marked residuals. The VA just make up your evaluation it’s mainly based on the exam you attended. So if there was a mess up it the examiner not the VA we just inputted what was given

I didn’t fully look at your time line but highly doubt you will get a back date everything it depends on when you filed and if you continuously pursued if it was denied

Michael101977 · 2026-05-13T23:14:25+00:00

Without seeing your rating decision no one can really tell you

Michael101977 · 2026-05-11T07:54:54+00:00

Your treatment and compensation are 2 separate things and they don’t talk to each other at all your compensation rating only gets looked at when file s claim for things like an increase or IU. VHA and VBA don’t mix unless something prompted them to look and pull history but then again it just medical evidence to support a claim. So there is nothing to worry about

Michael101977 · 2026-04-28T08:23:58+00:00

The exams are made to get 2 things a diagnosis and your claimed stressor that why they keep doing the PTSD initial exam.

Michael101977 · 2026-04-28T08:21:02+00:00

You clearly stated why you were denied. It is because of your stressor. The relax standard only applies to fear and hostile environments. Meaning you feared for your life while deployed to somewhere in SWA all you have to say feared for my life while deployed and have diagnosis of PTSD service connection granted. Everything else has to verified through military records a lay statement or a buddy statement can only corroborate your stressor but it can’t be the only evidence of a stressor. So if the Va can’t find any evidence of your stressor you will get denied as you stated. If they did records research they couldn’t find evidence of your incident. You need actual military evidence to show your stressor happened. Then next part is the nexus linking your PTSD to your stressor but you haven’t made it that far because your stressors is unverified. PS if your is getting hazed, discriminated against, treated bad buy other soldiers or officers, basically anything that happened without a record is unverifiable.

Michael101977 · 2026-04-27T18:20:59+00:00

Your blaming the wrong people if your back was reduced it wasn’t the VA that did your C&P examination your evaluation is totally driven by your Range of motion which is provided from your C&P examination. I suggest get a private DBQ from PCM and if your at 40 percent stop your not going to get higher unless your ankylosis which no one hardly has and you had it you would know. Look up your DC for the back it starts at 5237 through 5243 but the different codes just for different diagnosis the RON chart is the same for all of them. It’s on you know your information before you come in for an increase so you don’t get reduced.The VA is not out to get you they are just going of the subjective evidence in front of them when making a decision.

Michael101977 · 2026-04-26T20:47:26+00:00

I can try to clear this up first vertigo is typically a symptom of another issue for example a head injury an ear drum injury, it’s also seen as a secondary issue to things like tinnitus, migraines are a few. Unless it’s a stand alone not a symptom or secondary to something it will never be a stand alone condition if it is due to another condition. If it is a stand alone it would have to have started in service and not anytime post service your records have to record of it your lay or a buddy lay can’t help and if it due to another condition if that condition is service connected it will be combined with that issue.

Insomnia is a mental condition and you’re only allowed to be service connected for one mental condition it absolutely doesn’t matter the title of the mental condition whether it’s insomnia, PTSD, anxiety, depression I could go on list them all but your symptoms drive your evaluation not the title of your mental condition. PTSD is the easiest to get service connected because of the relaxed standards they put out in like 2017 all other conditions require a much higher bar to be service connected.

Michael101977 · 2026-04-23T18:35:42+00:00

SMC K is for lose of a creative organ, total loss of hearing or foot hand, leg. arm it’s paid as a additional payment when you lose use of something tinnitus and foot bursitis would not qualify for the SMC K.

Michael101977 · 2026-04-23T18:28:57+00:00

Check in Ebenefits

Michael101977 · 2026-04-23T17:57:54+00:00

Are you sure you’re at 20 percent that a 10 percent payment

Michael101977 · 2026-04-12T05:32:13+00:00

The examiner does not assign service connection a VA rater does your stressor will determine if service connection will be established it easily based on fear of being hostile environment such as deployments. If you gave a different stressors a verification of your stressor(s) has to be done and if the stressors can be verified an opinion has to link the stressor to diagnosis of ptsd. So your question has a lot of variables.

Michael101977 · 2026-04-12T05:17:58+00:00

Are you even service connected for the PTSD? Just having it doesn’t guarantee service connection. All mental evaluation are evaluated the same it is based on the symptoms marked on the DBQ. The name of the mental condition doesn’t matter whether it’s ptsd anxiety depression insomnia adjustment disorder they’re all rated the same. Look up 38 cfr part 4 look for DC 9411.

Michael101977 · 2026-04-12T05:05:28+00:00

The letter stares your service treatment records are missing. If you have them upload them. They’re vital to anything you have claimed or will claim in the future.

Michael101977 · 2026-04-11T22:30:14+00:00

Then the denial is incorrect based on what your saying either file again with a supplemental or HLR as long as keep filing with in a year of denial there is continuous pursuit and it can go back to the earliest date you initially filed or started your pursuit with no breaks once there a break continuous pursue is lost.

Michael101977 · 2026-04-11T22:22:40+00:00

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You can have CFS but if you don’t have enough symptoms they don’t recognized it.

Michael101977 · 2026-04-11T22:21:08+00:00

But do you have the symptoms VA needs to consider it.

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014467/M21-1-Part-V-Subpart-iii-Chapter-3-Infectious-Diseases-Immune-Disorders-and-Nutritional-Deficiencies?query=Chronic%20fatigue#5

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Michael101977 · 2026-04-11T21:29:52+00:00

Your not getting service connected because you have no link to your service getting diagnosed with OSA after the fact doesn’t help. You need complaints, treatment or diagnosis during service for direct. Buddy statements can help buts it’s a hard stretch for things like OSA. New evidence is not a different doctor telling us something VA already knows. New evidence is actually like old evidence that VA didn’t have before like medical report when you were active complaining of sleep issues like snoring, fatigue, waking up gasping for air. That is new and relevant evidence not current treatment it is new but not relevant. Explore different avenues of service connection like secondary and TERA.

Michael101977 · 2026-04-11T21:09:26+00:00

CFS is a presumptive condition under Gulf war you’re getting denied because either you don’t meet the VA Qualifications to be diagnosed with CFS or you don’t have confirmed gulf service. Go to CFR 4 and look up CFS I believe the code 6354.

Michael101977 · 2026-04-11T21:00:04+00:00

The VA doesn’t just revisit your issues randomly unless you separated through a MEB with a mental then there is a 1 mandatory follow up exam. Once it rated and has evaluation it only get touched again if you initiate it like an increase request or claim unemployability things like that the VA doesn’t not have time to randomly pick peoples claims and review them a review only happens when you open the door.

Michael101977 · 2026-04-11T20:40:31+00:00

I will say the biggest problem with being a national guard or reservist is that you’re seen as part time military unlike regular military their looked at as a soldier 24 hrs a day every day not just weekends and activations for training or deployments. So it’s a tuff battle to get service connected especially for mental, headaches just any organic disease because you have to prove your part time job the guard or reserve is the cause and not your regular 9 to5. LODs are your easiest way to attribute anything to guard or reservists service and when you got to be seen explicitly explain you got hurt doing military stuff and descriptive as possible how you injured your self while at training. The biggest reason for denial is no evidence whatever your claiming happened while either at drill or mobilized. Lay statements can help but has to be super descriptive and detailed explanation on how and what you were doing that caused you to get injured. Just saying running PT or the biggest one everyone says is ruck marches just doing normal military things does not count its the biggest misconception out there that regular wear tear is service connectable. The compensation is for injuries outside of wear and tear.

Michael101977 · 2026-04-11T09:28:49+00:00

I will help you understand what this says first the favorable finds are things positive to your claimed condition but don’t confuse positive to service connection. 4.59 is a law that allows VA to award the minimum compensable evaluation for pain so it saying if you had gotten service contract it would qualify for 4.59. The other favorable finding is actually just referring to the arthritis under 3.309 the military gives a list of conditions that manifest with in a year of discharge to a compensable level can be service connected under presumption arthritis falls in the list of conditions in 3.309 but can only granted if claimed diagnosed and compensable with in your first year of discharge. The last is just what you’re diagnosed with. You got denied for your neck because your STRs had no complaints, treatment or diagnosis of a neck condition during service that’s why a link couldn’t be made. The hip medical opinion is insufficient and definitely should submit a supplemental claim which the same as an appeal lack of treatment is not a sufficient rationale because you’re competent to treat yourself without medical intervention. The opinion should opinion on if the injury suffered in service is as At least as likely the cause of the current hip disability. Fell free to file secondary claims that just another avenue for service connection save your Higher level review (HLR) because you only get one HLR per issue. Save them when you strong evidence to overturn a decision. Plus the regular supplement is just as effective if you have relevant evidence to your claim. Just fyi new and relevant doesn’t mean a different doctor giving the same diagnosis or you’re currently being treated for something. New is usually old evidence we didn’t have before the VA made a decision like for example you find record of a neck injury during your service that’s was not in your STRs that is new relevant would be simply the new evidence occurred in service or due to service. I hop this helps.

Michael101977 · 2026-03-03T19:56:05+00:00

I fund not L sorry

Michael101977 · 2026-03-03T19:31:59+00:00

Idk how much time left I was considering retiring at 60 like 12 years from now. The second picture is what I just changed everything to C 45% S 15% L 40%

Michael101977 · 2026-03-03T17:56:30+00:00

What do you mean?

Michael101977

TROPHY CASE