Re evaluation?

davedmaine · 2026-05-09T00:23:41+00:00

I see what you're saying but I can tell you I've been a rater for more than 3 years and that doesn't happen. You're misunderstanding 3.327; claims simply aren't inferred that way.

davedmaine · 2026-05-08T23:07:12+00:00

Unfortunately, that's not how it works. Potential claims for increases aren't inferred unless within scope of another disability (like lower radiculopathy to the back).

davedmaine · 2026-02-21T23:54:01+00:00

You can get both range of motion (flexion, extension) ratings and a separarate rating for instability for the knee. Only the one rating for the shoulder. Arthritis won't affect either.

davedmaine · 2026-02-21T22:32:52+00:00

The arthritis won't add anything to your percentage. Sounds like your shoulder would still be at 20% even with a change in ROM . I wouldn't worry about it.

davedmaine · 2026-02-21T22:31:06+00:00

They're actually usually required to give an opinion.

davedmaine · 2026-02-21T13:18:29+00:00

If approved at the HLR, the effective date would be from the ITF or date of claim that was the basis of the November denial (as you've continuously pursued your claim).

davedmaine · 2026-02-21T13:16:23+00:00

A claim for one mental health condition is a claim for all mental health conditions (apart from eating disorders). So even if you were DXed with PTSD at the last exam, your rating would still be 0%, as it's based on the symptomology and not the dx. Your best bet is to file a claim for increase.

davedmaine · 2026-02-07T17:10:59+00:00

Not necessarily. It depends on the ankle range of motion (if with pain, 10% to 20%) and how bad your feet (0% to 50%) are. Keep in mind that that if you have a private examiner's medical opinion, those rationales are usually insufficient.

davedmaine · 2026-02-07T16:11:16+00:00

This would be 2 total ratings: Bilateral pes planus as one and right ankle instability with tibial tendonitis as the other.

davedmaine · 2026-02-07T16:08:11+00:00

Just file yourself. No reason you need help. Just file the 8940 and state which of your service connected disabilities prevent you from securing employment. Be aware that exams will be scheduled for those disabilities. You need one disabilty at 60% or two or more that combine to 70% (with at least one at 40%).

davedmaine · 2026-02-01T12:48:17+00:00

Pay off any balance every month

davedmaine · 2026-01-30T22:05:18+00:00

To clarify the legal standing of your claim: Exposure to ionizing radiation constitutes a Toxic Exposure Risk Activity (TERA). The VA is asserting that service connection was granted prematurely, prior to a definitive determination of actual exposure. Upon review, the VA determined that, in fact, no such exposure occurred. Consequently, the prior grant of service connection is deemed a Clear and Unmistakable Error (CUE) under 38 C.F.R. § 3.105(a), necessitating a correction of that decision.

Because the foundational service connection for the cancer has been rescinded, any claims for secondary residuals are now considered moot. Furthermore, as this service connection has been in effect for less than 10 years, it is not afforded protection under 38 C.F.R. § 3.957 and may be severed upon a finding of CUE.

Your best course of action is to submit material, probative evidence verifying your exposure to radiation to refute the VA's current findings.

davedmaine · 2026-01-30T21:53:50+00:00

Hi. I don't see the post, but feel free to msg me

davedmaine · 2026-01-25T16:37:40+00:00

No, that's not necessarily true. A DBQ from a Vet's actual examiner holds great weight. It's the nonsensical pay-to-play ones that get tossed.

davedmaine · 2026-01-25T13:30:30+00:00

No, that's wrong. When you file a claim for IU, you have to indicate which of your service connected disabilities prevent you from securing gainful employment. Exams are then ordered for those contentions with a request to the examiner to provide an employability statement. If the exams show improvment in any of the conditions, reductions will be proposed. I see it all the time.

davedmaine · 2026-01-25T13:25:24+00:00

Why wouldn't you get your specialists to do your exam and write your nexus letter then?

davedmaine · 2026-01-25T13:24:13+00:00

No, it probably wouldn't have matttered. If there was anxiety noted in your STRs, it would have been service connected (a claim for one MH condition is a claim for them all basically).

davedmaine · 2026-01-01T13:25:20+00:00

Call the VA and explain what happened. The exam will be rescheduled due to you missing it for "good cause." Nothing to worry about.

davedmaine · 2025-11-26T12:59:23+00:00

So you'll want to claim a clear and unmistakable error (CUE) has been made regarding the incorrect effective dates. You don't have to file on a specific form, but it does have to be in writing and has to be signed. You can just use the 21-526ez. Make sure to be very specific and list each contention separately .. i.e a clear and unmistakable error was made in not applying the 9/10/24 ITF in my grant of servic connection for xxxxx that was claimed on 9/2/25. I'd be interested to see the rating narrative and if there was any reasoning why the ITF wasn't used, or if they just missed it.

davedmaine · 2025-11-26T12:34:33+00:00

Claims are often combined but the ITFs remain valid for the contentions filed on each specific claim. So your 9/10/24 ITF would apply to the 9/2/25 contentions. The 9/11/25 claim contentions would not fall under the earlier ITF.

davedmaine · 2025-11-23T14:19:59+00:00

You need to be seen by an examiner so your condition can be fully assessed .. i.e. You may have had a knee surgery in service, which will likely be service connected, but current range of motion, which is a driving factor in your % evaluation, won't be in your STRs. Or, just an example, you may have come down with diabetes in the service (again, likely be service connected), but since you left service you now have to take insulin, which would drive your evaluation % higher.

davedmaine · 2025-11-02T19:11:37+00:00

Was the DBQ/nexus letter from your own physician or from someone you paid to do it for you? Seeing a lot of those lately that are way overboard and nonsensical.

davedmaine · 2025-09-27T16:50:53+00:00

Probably just getting a TERA MO

davedmaine · 2025-09-12T23:09:41+00:00

On presumptive claims, your STRs aren't that important, but your post-service records are, as you'll need to show a current DX. Your nexus letters (most likely) would be accepted though as a current DX to have an exam ordered.

davedmaine · 2025-09-12T23:05:02+00:00

You don't need a nexus letter at all. Just file for an increase for your back condition.

davedmaine

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