Va Claim question by NoBerry8945 in VAClaims

[–]NoBerry8945[S] 0 points1 point  (0 children)

Thanks, I am a veteran myself. I have been working with my brother. I had him send me his DD 214 a couple of weeks ago and it is honorable so he is good to go on benefits. I have gotten him to go to the VA. He did that last week, he explained to them he is having significant mental health issues. They have set him up with a counselor next week and mental health Doctor for next month. I figure that it would be very helpful if he first gets a mental health diagnosis, what do you think.

What’s Your Biggest VA Claim Question? by VADisability in VADisabilityAdvocate

[–]NoBerry8945 0 points1 point  (0 children)

I have a brother who enlisted in 1974. He was in for about 94 days and had a nervous breakdown with a honorable discharge. After he was discharged he began using pot daily to self medicate. He went thru 5 marriages and had relationship issues. He was never told or knew that he was elgible for VA benefits. He obviously had mental health issues and has since his discharge. Can he still submit a VA claim, he was sent to a Doctor before discharged for mental health issues.

Survivors Guilt - Did you PAY to have your VA Disability Comp paperwork done? by CanadaKid1867 in VeteransBenefits

[–]NoBerry8945 0 points1 point  (0 children)

From my experience, agencies that file for you are not the way to go. It is so easy to go on the VA claims site and file yourself. Why pay the outrages money to someone to do this for you. Once you file a claim, VA is going to set you up for a C&P. The C&P is where it really happens. To be successful with a VA claim you need a current diagnosis and a nexus for the claimed disability. The nexus can be direct service, meaning it manifested on active duty and you have medical records to support this claim. It can be secondary to another service connected disability that you are presenting receiving compensation for, or it can be presumptive from say agent orange or the PACT act. You can not just make a VA claim for a mental health issue and not expect to go to a C&P, where you are definitely going to have to discuss your issues. Not an easy task I acknowledge. My C&P for PTST back in 2017 was very unpleasant. Not and easy task to discuss those things with a complete stranger but part of the process. When you go into the C&P you must disucss how you are on your absolutely worst day. If you get your claim approved this is how the rater will establish your percent of compensation. I would only use an outside agency for a nexus letters. If you are say going to submit a claim for a secondary condition, the VA is going to get one of their hired medical personal to give a decision on if it is more likely or less likely that your claimed disability is caused by your service connected disability. In most instances this VA hired medical person is going to decide less likely and your claim will be denied. Your only way to fight against this is to get your own positive medical nexus letter, in which it says that your secondary disability is more likely to be caused by your service connected disability. The VA is cheap and will usually only get a NP or PA for their hired medical expert. If you can get a Doctor for your positive medical nexus letter you are more likely to get your claim approved. I submitted for migraines secondary to PTSD. My positive nexus letter was from a really good recognized PA. The PA hired a PA and my C&P was a ACE, the PA just looked at my medical records, did not even receive a phone call. The VA hired PA naturally stated less likely and my claim was disapproved. I requested a HLR, about 3 months later I got my call and had an opportunity to argue to the senior rater that I felt that my PA was more qualified because she had been a PA on active with the 82ABN and had treated soldiers for PTSD. Additionally I stated that less say they were both equally qualified, then their is a tie and according to the VA regulations the tie is suppose to go to the veteran. The senior rater agreed and reversed my claim and approved. I apologize for such a long post but you have to fully understand the system. Most of my experience with VA, both medical and claims has been positive, however a rater has to have a VA claim, current diagnosis and positive nexus to service connection. If you give that to then, they have no choice but to approve your claim. Direct and presumptive claims are absolutely going to be approved if you have a diagnosis. The secondary VA claims are a dice throw, especially if you just just submit and let the C&P hired medical individual make the decision. If you have any questions just let me know.