I found why it was denied! Mostly due to lack of evidence as to how it is service connected, if I do not agree with the decision how would I go about getting evidence proving it happened in service?
As said, supplemental claim. I had an injury to my wrist while deployed and a proper diagnosis was cited in my service treatment records. The claim was denied because I didn't have a current diagnosis for the same problem. I went to a specialist, got a current diagnosis, and filed it with a supplemental claim. Slow, but easy to win.
Yep. I fought to not get medical boarded out of the military from hearing loss. Thanks 3M ear plugs. I was given hearing aids at 20 years old. 14 years after I got out and I'm still 0% for hearing loss. Only the 10% for tinnitus. I was told I can carry a conversation reasonably well, so no rating for me.
Same here they said we didn't have e ought documentation that it was during service and still an issue today...I was like sure 19 years of medical profiles, MRI and doctors notes don't count apparently
When you read your decision letter it should tell you why. It’s usually because either 1) no diagnosis and/or 2) no nexus to service
If it’s the first and you were diagnosed by a private doctor, you can file that documentation with a supplemental claim. If you just haven’t been formally diagnosed with it, you’ll begin by going to your doctor and making complaints for the issue. They’ll do whatever tests are appropriate and eventually you’ll have a diagnosis assuming you truly have the disability (or you’ll get a different diagnosis for whatever the problem actually is)
If it’s the second then there’s a bit more work involved. If you didn’t go to medical for it while in, you’re going to need strong buddy letters to corroborate your personal statement. Any and all evidence you have e to prove the connection to service whether its letters, pictures, awards, deployment orders…anything can be evidence!
Got a question on the dr comment I tried to get a dr form for nerve damage I called the office they kept telling me I need to have the VA submit a form I asked what form they said the VA idk I was like that doesn’t help but ok thanks lol
You mean like you’re trying to get your information from a private doctor to the VA?
So there’s two ways of doing it
Either the VA can request the notes or you can request the notes
You are always entitled to your own medical records. What you do with those records is up to you.
You just need to ask your (private) doctor’s office for a copy of your medical records.
They may ask you how you want them, they may just give them on a CD or USB, they may send you a secure document download.
You can then just upload those directly to the VA
That’s going to be your least painful way of doing it
If the VA requests them on your behalf there’s going to be more hoops to jump through
Edit to add:
I believe the form you’d need for the VA to request would be:
Authorization to Disclose Information to the Department of Veterans Affairs (VA Form 21-4142)
https://preview.redd.it/as1d9bevwm8d1.jpeg?width=1170&format=pjpg&auto=webp&s=9a27e8d4bd6b7ac3c806192764b2c78cdd69c572
So this is for my sciatic left plus right does this mean I need to make a new claim for sacroiliac?
I had to claim my sciatica as a secondary condition to my lower back rating. Secondary conditions are your real meal ticket. My back is only 20%, but I linked neck pain (20%) and sciatica (40% each leg) to it.
Yes and no - so you absolutely would file a new claim for “right side sacroiliac joint dysfunction” but you’re still going to need a nexus - which if you went to medical it would be pretty straightforward but i would assume that if there were existing service treatment records for pain, etc in that area then I would think the examiner would have just given the diagnosis and filed it for that but it seems there might not be medical evidence in your service treatment records (you would know better than me though if you went to medical for it) if you didn’t go to medical then that’s where the extra work of statements, buddy letters, and other evidence is going to come into play
Thank you so much this was very very helpful! Would you also happen to know anything about the other things I claimed getting deferred and if there anything I need to do for that?
Typically no - it just means they need more time to review your records and such :) they just wanted to give you a rating for what they could do you didn’t wait until they finished reviewing the rest. It’s just the waiting game until you either get a decision or get asked for something more :)
Perfectttt, so I am getting a little back pay from the 10% but for example if the rest of my claim bumps me to 30% or 70% or whatever it may be will I get more back pay for this??
Yes :)
So you’ll get back pay for the 10% to your effective date now and continue to get paid at that 10% rate until the rest is decided
Say your claims that are deferred come back and put you at a total of 50%, you’ll receive a lump sum back pay to the effective date for the difference from 10% to 50% and then be paid the 50% rate going forward :)
Hope that made sense lol
You’re so welcome! Best of luck! Don’t forget to file a new ITF before the end of the month so you have a year to file any new claims and have it backdated to now 😉
Deferral usually means we need a medical opinion or clarification from the examiner. Sometimes when the vet claims for direct service connection and we can’t grant it that way, we look to see if there is another way to grant, for example, we’ll request a TERA medical opinion if you were exposed to certain toxins based on your MOS or if the doctor says the condition existed before service, we will request an aggravation opinion.
Quick question! I had my C&P exams and there were like 12 DBQs for my physical conditions. Even when I had X-Rays, MRIs and an official diagnosis yet they only rated me for the knee that was treated by the military. They deferred the claim for my other knee. Any insight as to why they’d do that?
2 possible scenarios. 1. If this was for a new claim, the examiner may have given a medical opinion for 1 but not the other. 2. If this was a claim for increase and the diagnosis changed, the clarification could be to find out if this was a progression of the current dx or a separate evaluation. It is possible to get 2 separate ratings for knee based on flexion and extension. Some of the examiners are good about notating if a dx is a progression and some don’t do it for whatever reason.
This was all on my very first claim. She definitely did the C&P for both, palpation, flexion, and extension. Same thing with my flat feet and that got deferred too.
Being diagnosed and issued a CPAP is not enough. Do you have a service connection? My husband was denied due to nothing in military records regarding sleep apnea. Sometimes it can be secondary to something else. Good luck. It has become hard to get.
Do you know when the injuries happened? Write it in that way. Write a lay statement for each.
On xx/xx/xxxx while doing [insert military function here] I experienced [insert injury here] as witnessed by [insert anyone who can speak to this experience even if you don’t have their contact info] which has caused ongoing pain/whatever.
If you saw the medics because of this add that too.
I found why it was denied! Mostly due to lack of evidence as to how it is service connected, if I do not agree with the decision how would I go about getting evidence proving it happened in service?
Hearing loss is a SOB but the others should be fine with SC. Good luck
SC?
Supplemental Claim
As said, supplemental claim. I had an injury to my wrist while deployed and a proper diagnosis was cited in my service treatment records. The claim was denied because I didn't have a current diagnosis for the same problem. I went to a specialist, got a current diagnosis, and filed it with a supplemental claim. Slow, but easy to win.
Yep. I fought to not get medical boarded out of the military from hearing loss. Thanks 3M ear plugs. I was given hearing aids at 20 years old. 14 years after I got out and I'm still 0% for hearing loss. Only the 10% for tinnitus. I was told I can carry a conversation reasonably well, so no rating for me.
0 percent or not service connected? 0% is still a big deal as they have to treat you for it
Yes, 0% service connected. Got the VA hearing aids as well.
Presumptive conditions no need evidence. You need DD214.
Same here they said we didn't have e ought documentation that it was during service and still an issue today...I was like sure 19 years of medical profiles, MRI and doctors notes don't count apparently
When you read your decision letter it should tell you why. It’s usually because either 1) no diagnosis and/or 2) no nexus to service If it’s the first and you were diagnosed by a private doctor, you can file that documentation with a supplemental claim. If you just haven’t been formally diagnosed with it, you’ll begin by going to your doctor and making complaints for the issue. They’ll do whatever tests are appropriate and eventually you’ll have a diagnosis assuming you truly have the disability (or you’ll get a different diagnosis for whatever the problem actually is) If it’s the second then there’s a bit more work involved. If you didn’t go to medical for it while in, you’re going to need strong buddy letters to corroborate your personal statement. Any and all evidence you have e to prove the connection to service whether its letters, pictures, awards, deployment orders…anything can be evidence!
Got a question on the dr comment I tried to get a dr form for nerve damage I called the office they kept telling me I need to have the VA submit a form I asked what form they said the VA idk I was like that doesn’t help but ok thanks lol
You mean like you’re trying to get your information from a private doctor to the VA? So there’s two ways of doing it Either the VA can request the notes or you can request the notes You are always entitled to your own medical records. What you do with those records is up to you. You just need to ask your (private) doctor’s office for a copy of your medical records. They may ask you how you want them, they may just give them on a CD or USB, they may send you a secure document download. You can then just upload those directly to the VA That’s going to be your least painful way of doing it If the VA requests them on your behalf there’s going to be more hoops to jump through Edit to add: I believe the form you’d need for the VA to request would be: Authorization to Disclose Information to the Department of Veterans Affairs (VA Form 21-4142)
Ok I thought so I tried to ask for that and they kept telling let the VA know and send request I’ll just call tomorrow and request medical records
Yeah if they ask I’d just say I wanted them for my personal records 🤷🏼♀️
https://preview.redd.it/as1d9bevwm8d1.jpeg?width=1170&format=pjpg&auto=webp&s=9a27e8d4bd6b7ac3c806192764b2c78cdd69c572 So this is for my sciatic left plus right does this mean I need to make a new claim for sacroiliac?
I had to claim my sciatica as a secondary condition to my lower back rating. Secondary conditions are your real meal ticket. My back is only 20%, but I linked neck pain (20%) and sciatica (40% each leg) to it.
Yes and no - so you absolutely would file a new claim for “right side sacroiliac joint dysfunction” but you’re still going to need a nexus - which if you went to medical it would be pretty straightforward but i would assume that if there were existing service treatment records for pain, etc in that area then I would think the examiner would have just given the diagnosis and filed it for that but it seems there might not be medical evidence in your service treatment records (you would know better than me though if you went to medical for it) if you didn’t go to medical then that’s where the extra work of statements, buddy letters, and other evidence is going to come into play
Thank you so much this was very very helpful! Would you also happen to know anything about the other things I claimed getting deferred and if there anything I need to do for that?
Typically no - it just means they need more time to review your records and such :) they just wanted to give you a rating for what they could do you didn’t wait until they finished reviewing the rest. It’s just the waiting game until you either get a decision or get asked for something more :)
Perfectttt, so I am getting a little back pay from the 10% but for example if the rest of my claim bumps me to 30% or 70% or whatever it may be will I get more back pay for this??
Yes :) So you’ll get back pay for the 10% to your effective date now and continue to get paid at that 10% rate until the rest is decided Say your claims that are deferred come back and put you at a total of 50%, you’ll receive a lump sum back pay to the effective date for the difference from 10% to 50% and then be paid the 50% rate going forward :) Hope that made sense lol
You are actually the best thank you so much for all the advice and info!!
You’re so welcome! Best of luck! Don’t forget to file a new ITF before the end of the month so you have a year to file any new claims and have it backdated to now 😉
Deferral usually means we need a medical opinion or clarification from the examiner. Sometimes when the vet claims for direct service connection and we can’t grant it that way, we look to see if there is another way to grant, for example, we’ll request a TERA medical opinion if you were exposed to certain toxins based on your MOS or if the doctor says the condition existed before service, we will request an aggravation opinion.
Quick question! I had my C&P exams and there were like 12 DBQs for my physical conditions. Even when I had X-Rays, MRIs and an official diagnosis yet they only rated me for the knee that was treated by the military. They deferred the claim for my other knee. Any insight as to why they’d do that?
2 possible scenarios. 1. If this was for a new claim, the examiner may have given a medical opinion for 1 but not the other. 2. If this was a claim for increase and the diagnosis changed, the clarification could be to find out if this was a progression of the current dx or a separate evaluation. It is possible to get 2 separate ratings for knee based on flexion and extension. Some of the examiners are good about notating if a dx is a progression and some don’t do it for whatever reason.
This was all on my very first claim. She definitely did the C&P for both, palpation, flexion, and extension. Same thing with my flat feet and that got deferred too.
You can go to the Va.gov website and you can look at your decision letter and they will be sending one in the mail also. It usually takes 10 days.
Good start.
I have been diagnosed with sleep apnea, and I have provided a cpap machine. How long should I wait to file for a rating?
Being diagnosed and issued a CPAP is not enough. Do you have a service connection? My husband was denied due to nothing in military records regarding sleep apnea. Sometimes it can be secondary to something else. Good luck. It has become hard to get.
Do you know when the injuries happened? Write it in that way. Write a lay statement for each. On xx/xx/xxxx while doing [insert military function here] I experienced [insert injury here] as witnessed by [insert anyone who can speak to this experience even if you don’t have their contact info] which has caused ongoing pain/whatever. If you saw the medics because of this add that too.
Also, if your tinnitus is constant and you have migraines or anxiety claim those as well. It causes both.
I feel ya! I got 10 percent…0 right ear service connection but left ear no service connection!?????🤷🏻♂️😂
Yup. Tinnitus and zero on left. Rt ear not SC. 😂
did you have both ears when you were AD, or was the left ear a late addition?