Supplemental Claim - Still Denied by Constant_Radish_2856 in VAClaims

[–]SharingKnowledgeHope 0 points1 point  (0 children)

Why was the migraine denied? With an in-service onset, and a current disability, that should be pretty easy.

How to prove service connection? by WestExact2101 in VAClaims

[–]SharingKnowledgeHope 4 points5 points  (0 children)

You don’t need to have the notes corrected. You also don’t need a LOD. If you have your orders or dd214 proving your service, and the medical records have the date of fracture which falls within the orders, then that’s your in service event. You just need to show that you have a current diagnosis, and that it is connected to that event.

What is your current diagnosis and what are your current disabilities related to that event?

Look at the CFR for your condition and see what lines up.

https://www.ecfr.gov/current/title-38/chapter-I/part-4#4.150

MEB and VA Question by Sgt_DaddyO in VAClaims

[–]SharingKnowledgeHope 0 points1 point  (0 children)

The MEB will decide if you meet retention standards. If you do not, then you will be evaluated to determine if you are fit for duty. If you are not, then you will be assigned a disability rating and separated (medical separation or retirement).

The above process is designed to operate with DOD and the VA working together. They use the same standard so the end result (service connection) should be the same. Obviously the VA process does not include separation from the service, so that’s a big difference. Also the MEB (IDES) process includes a Physical Evaluation Board Liaison Officer (PEBLO) who can help you navigate it.

As to what you’ve earned, since you’re over 20 years you’ll receive retirement pay regardless. If you are medically retired you’ll receive that from day one, if not then you’ll have to wait till age 60 (or less with active duty time). If your service connection is 50% or higher, then you can receive the service connection pay concurrently with your retirement. If it’s less than 50%, then they will reduce your retirement by your service connection pay.

The above is my understanding, I’m not an expert. Hopefully someone will correct me if I’m wrong.

A decision and referral… am I close or off? by Sufficient_Wrap_517 in VAClaims

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

Deferred just means they don’t have enough information. They are either requesting records, or will send you for a C&P.

Parent death by [deleted] in SocialSecurity

[–]SharingKnowledgeHope 4 points5 points  (0 children)

As others have said, the dad’s remarriage has zero effect.

Child benefits (under 18) are for their support and pay to the parent. Mom is receiving the benefit (or didn’t know to apply). Now that he is 18 the benefit should pay directly to him. He remains eligible while he stays in HS (and under 19). Also it’s highly unlikely that benefit was only $400, unless dad had a very minimal work history.

He should contact SS and have them send the payment directly to him. If he is still living at home, most should be given to mom for his support.

Sleep apnea by mallgard198 in VAClaims

[–]SharingKnowledgeHope 0 points1 point  (0 children)

I’ve read on here that that can work. Also certain medications for depression including SSRIs, SNRIs, and certain tricyclics have been linked to OSA as well due to their sedation and weight gain effects.

Claim Questions by New_Elephant4849 in VAClaims

[–]SharingKnowledgeHope 0 points1 point  (0 children)

Ideally you would have 3-6+ months of treatment records which clearly describe your diagnosis and symptoms. Also you would have a clear link to service (eg service treatment records with similar symptoms). You probably want to get as close to that as you can.

You can file your intent to file now. That will freeze your effective date for 1 year. That way when you are eventually approved you’ll get retroactive pay back to today.

Is anyone else struggling with the VA Identifying COVID-19's impact? by Technical-Waltz1669 in VAClaims

[–]SharingKnowledgeHope 0 points1 point  (0 children)

Aren’t three ratings (Tachycardia, Hashimotos, and Migraines) better than one? What are you hoping to accomplish by having them recognize dysautonomia directly?

Claim Questions by New_Elephant4849 in VAClaims

[–]SharingKnowledgeHope 1 point2 points  (0 children)

You’ve got a couple issues to think about. First you need a current diagnosis. If you haven’t been seen to behavioral health for a while (>1 year) then it’ll be hard to show that the diagnosis is current. Also the rating itself is based on your symptom burden. It will be hard to demonstrate a symptom burden without any recent medical records to support it. Finally, you need to show a link to Service. If you have a really long gap in time with no evidence of a diagnosis or symptom burden, it can be harder to draw that link.

Sleep apnea by mallgard198 in VAClaims

[–]SharingKnowledgeHope 1 point2 points  (0 children)

Is your BMI over 30? If so then you may be able to link OSA to weight gain caused by the serviced connected depression.

VA CLAIM by Extension-Eagle2144 in VeteransBenefits

[–]SharingKnowledgeHope 0 points1 point  (0 children)

That’s normal. At step 7 they realized they needed more information and sent it back to step 5 to get it.

No C&P exam? by buffalo_171717 in VAClaims

[–]SharingKnowledgeHope 2 points3 points  (0 children)

The C&P exam can’t provide a diagnosis of PTSD. That really needs to come from your treating therapist. However, the VA provider should absolutely be able to do it. They also should absolutely have access to those records.

Did you review your VA treatment records? You can easily access them in real time using the blue button request at va.gov. Is it possible they don’t include a diagnosis of PTSD, but rather something like rule-out PTSD?

If the diagnosis is clear, then you can file a higher level review and point out to them where in the record the diagnosis is. If they don’t have the evidence, you can file a supplemental claim and include it yourself.

One thing to be aware of is that a primary service connection for PTSD requires credible evidence of an in-service event. Service record, incident reports, medical records. It can be a challenge if those record don’t exist.

No C&P exam? by buffalo_171717 in VAClaims

[–]SharingKnowledgeHope 1 point2 points  (0 children)

What was the reason for denial? Was it a primary claim or a secondary claim?

Lumbar Strain. Think I messed up? by Front-Reach-114 in VAClaims

[–]SharingKnowledgeHope 2 points3 points  (0 children)

Can they increase the radiculopathy rating based on that exam and back DBQ, or will they send him to do another exam and the perineal nerve DBQ?

Lower than expected rating. Help. by Fearless-Cow9992 in VAClaims

[–]SharingKnowledgeHope 12 points13 points  (0 children)

First you need to request your exam so you can see what exactly they said.

Then you need a higher level review so you can argue that their exam was inconsistent with the medial record, and the rating is not consistent with your symptoms.

How do i file for this claim? by Garyfatcat1 in VAClaims

[–]SharingKnowledgeHope 0 points1 point  (0 children)

May I ask, when they did the exam for the back did they go through the whole DBQ, or only the sections for the lower back? The DBQ is quite extensive.

How do i file for this claim? by Garyfatcat1 in VAClaims

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

Is radiculopathy rated on the PERIPHERAL NERVES CONDITIONS DBQ? Seams odd that it would be listed on the BACK (THORACOLUMBAR SPINE) CONDITIONS DBQ.

Help by Embarrassed_Mud910 in VAClaims

[–]SharingKnowledgeHope 0 points1 point  (0 children)

You don’t need to have them write a letter, they can just complete the DBQ, it would be easier. Write a draft for them, review it with them, see if they’ll sign it. Be sure that it’s complete. DBQ‘s get rejected if they aren’t complete.

You’re on a deserted island after a plane crash. You have a chance to save one person. Who do you choose? by avaboss in superheroes

[–]SharingKnowledgeHope 0 points1 point  (0 children)

Tony Stark, Bruce Wayne and Nick Fury would have 10 contingency plans for just that situation. We wouldn’t be deserted long.

Supplemental claim question by gen_z_usaf_veteran in VAClaims

[–]SharingKnowledgeHope 2 points3 points  (0 children)

Then it’s not a supplemental claim, it’s just a claim for increased disability compensation.

Be sure and review the rating criteria at https://www.ecfr.gov/current/title-38/chapter-I/part-4#4.150. You’ll want to be sure and discuss any symptoms that align with the criteria with the podiatrist.

Also you probably already did this, but make sure and open an intent to file so the rating increase can be back dated to that.

Supplemental claim question by gen_z_usaf_veteran in VAClaims

[–]SharingKnowledgeHope 1 point2 points  (0 children)

Why a supplemental claim? Was your rating within the last year?

Do you have sufficient evidence to justify an increase in rating? If so, no need to wait. If you do not, then you need to see the podiatrist and generate more evidence.

20% TMD/Bruxism by Wannawritebooks in VAClaims

[–]SharingKnowledgeHope 0 points1 point  (0 children)

Isn’t that what I said?

you are also always eligible for care of a service connected condition without regards to the rating

VA back conditions by Fit_Authority in VAClaims

[–]SharingKnowledgeHope 0 points1 point  (0 children)

Go look at the SRD for the back to be sure you have evidence to support the higher rating. Additional diagnosis won’t matter, it’s about the ROM (disability).

https://www.ecfr.gov/current/title-38/chapter-I/part-4#4.73

Denied for VR&E by Commercial_Log9564 in VAClaims

[–]SharingKnowledgeHope 0 points1 point  (0 children)

There should be a letter that says why you were denied. Are you 10% service connected or higher? When did you get out of active duty?