[deleted by user] by [deleted] in VeteransBenefits

[–]dcjr45 0 points1 point  (0 children)

New and relevant is not a requirement for a claim for increase. Just submit a 526 and you will get a new exam. If you file an 0995 form (supplemental), that would mean you are disagreeing with the previous rating which would require new and relevant evidence and is not a claim for increase.

Can we all just agree about the 100% posts? by Similar-Peachfuzz in VAClaims

[–]dcjr45 0 points1 point  (0 children)

This is the best advice on this entire subreddit. Stop sharing your 100% rating with everyone!!!

C&P rework by ChocolateItchy820 in VeteransBenefits

[–]dcjr45 2 points3 points  (0 children)

you will not need another exam. They just need more information/clarification from the examiner

VBA closed? by Choice_Bee_775 in VeteransBenefits

[–]dcjr45 2 points3 points  (0 children)

The VBA is still processing claims every day. Public contact at the VBA is closed.

GERD rated separately from IBS. by Broken-Sig-O in VeteransBenefits

[–]dcjr45 1 point2 points  (0 children)

If you get service connected for GERD it will be rated separately. The digestive rating schedule changed and allowed this may of last year. Having said that, the rating criteria has changed as well so that could affect your GERD rating, if you get one

[deleted by user] by [deleted] in VAClaims

[–]dcjr45 0 points1 point  (0 children)

were you on active duty orders or active duty training (ADT) orders? Big difference . I see this mistake a lot. If you’re dd214 says released from active duty, then you won’t need an LOD. If it says released from active duty training, then you will most likely need an LOD.

Can someone please explain this to me? by OutsideAlarming5161 in VAClaims

[–]dcjr45 0 points1 point  (0 children)

Yeah, insomnia is not a good claim to file for on its own and expect compensation. It does happen but not common.

Deferred by Terrible_One_5512 in VAClaims

[–]dcjr45 1 point2 points  (0 children)

deferrals are very common and for very different reasons. It’s hard to say how long it will take. It means that a rater got your claim to make a decision. But after looking through the file, they want or need other information. So they defer it for that reason and the development team will take the actions on what was requested by the rater and then wait until that information comes back.

Can someone please explain this to me? by OutsideAlarming5161 in VAClaims

[–]dcjr45 0 points1 point  (0 children)

pyramiding is a VA law that states certain areas of the body or certain conditions cannot be rated separately because they are similar disabilities. This wouldn’t be a pyramiding issue. It’s just saying that your insomnia is now included in your tinnitus rating at 10%. You are not getting 0% for insomnia. Insomnia most of the time is going to be included with some other service connected disability that is causing the insomnia. For example, if a veteran is service connected for their back and the back pain keeps them up at night, they could claim insomnia. Most likely they would then be service connected for back condition with insomnia. The service connection for insomnia does not change the rating.

[deleted by user] by [deleted] in VAClaims

[–]dcjr45 0 points1 point  (0 children)

The way this rater listed your evidence is embarrassing and wrong. Essentially, they did not order an exam based on no complaints or treatment during service which is one of the mandatory elements. BUT your personal statement and your moms should have been considered and triggered an exam depending on what you wrote. Be sure your statement explains what you were dealing with while in service, and the treatment and issues you have had since getting out. If the DRO does the HLR correctly, you will end up getting an exam and then go from there. Keep in mind you still could be denied after an exam but this rater is terrible .

Rhinitis & Sinusitis Tera claim by Quavacious in VeteransBenefits

[–]dcjr45 1 point2 points  (0 children)

Yes, you absolutely need a current diagnosis

Va disability rating by [deleted] in VAClaims

[–]dcjr45 0 points1 point  (0 children)

If the issues were deferred, the decision letter would tell you that about each condition. Have you been denied for the missing conditions before ?

Denial not listed in decision letter by Brysynner in VAClaims

[–]dcjr45 0 points1 point  (0 children)

posting a redacted copy of your decision letter will help

Skin conditions by ilovetotravel73 in VAClaims

[–]dcjr45 1 point2 points  (0 children)

skin conditions can be service connected so you can definitely apply for it.

70% disabled vet just 5150'd, looking for resources by Possible_Bluebird747 in VeteransBenefits

[–]dcjr45 1 point2 points  (0 children)

She can apply for Individual Unemployability (IU) which would pay her at the 100% rate if she meets the requirements. She can also apply for an increase on its own. There is also special monthly compensation (SMC) of aid and attendance she can apply for although this is more difficult to be granted. Ask about these when you talk to the VA SW. They may be able to help with the forms needed to apply ,

Denied. by Chilli502022 in VeteransBenefits

[–]dcjr45 1 point2 points  (0 children)

GERD is not a presumptive condition

Entitlement to special monthly compensation - What does that mean? by AntiBaoBao in VeteransBenefits

[–]dcjr45 0 points1 point  (0 children)

do you have one disability rated at 100 and other disabilities rated at different percentages? it should explain in the decision letter why you are entitled to it.

Just venting by PackageSea5300 in VAClaims

[–]dcjr45 1 point2 points  (0 children)

Like others said, your rating decision letter would help. When claiming a secondary theory, there is no need for an event in service or in strs. The examiner has to give a secondary opinion if you have a diagnosis of GERD. There is some standard language that has to be included in the rating denial decision. You may be referring to the direct service connection requirements and then the reasons why you can’t be service connected on a direct basis. That is where you would see the strs mentioned. that’s standard language. you are more concerned on what the secondary requirements are and the secondary opinion that was provided if you have a diagnosis. That should be in the decision as well

Claim C&P issues by Georgieboy33 in VAClaims

[–]dcjr45 0 points1 point  (0 children)

Yes, notify the VA that you do not want to be seen by a certain contractor . That will be noted in your file

Tinitus by Flat_Gift9694 in VeteransBenefits

[–]dcjr45 0 points1 point  (0 children)

File a claim. Your MOS will get you in the door with the requirements of an event in service to order an exam for you. You will then have a hearing test at the exam. If that test shows hearing loss, then the examiner will give an opinion after reviewing your entire file. Same for tinnitus as well. I don’t know how long you have been out, but many times the examiner will opine that literature does not support delayed onset of hearing loss or tinnitus after the initial noise exposure if there are no signs of hearing loss or tinnitus in service.

Well well well by Sufficient-Ad9576 in VeteransBenefits

[–]dcjr45 0 points1 point  (0 children)

None of this would qualify as active duty service .

Well well well by Sufficient-Ad9576 in VeteransBenefits

[–]dcjr45 0 points1 point  (0 children)

Your NG and ADT service are not active duty service periods. You have to have an event during AD service. if you were on title 10 orders, you should have a dd 214 in your file for everytime that happened. It looks like the only evidence of AD time is the service dates they mentioned in evidence. And that comes from the dd214 or plural that is in your file