Some advice here, KEEP FILING!! KEEP FILING! KEEP FILING! The VA or social workers might even discourage you from filing...but it may take 5, 6, 7, 8 times of a veteran filing the same claim in order to get even 10%. Keep filing! The younger you are while filing also, the better because you might not get it for years and years and years. This really needs to stop. God bless you all. 🙏
Agreed. I've been applying since 96' and finally was approved for the conditions this year. I will be submitting a Higher Level Board to address these issues. After so many years of continuous Treatment with supported documents, even though not having an ETS dental/Physical Exam I hope the VA does the right thing? Thanks for the Info.
@brianhardaway9716 It's hard to deal with the VA but you can do it. Once you get 10% it becomes easier but you'll need to go to each and every appointment. It took us yearssss. What helped was the intent to file, which gives you an additional year to provide evidence etc, and we contacted our state senator. He was able to push his pension through fast. Although it says it's emergency based and only takes 30 days. What a joke. However, If you can write your senator an email about your condition and how long it's taken, they can push it through faster. You shouldn't HAVE to do this and hopefully it gets better this year but Keep pushing. Good luck and God speed. 💖
Yea my company had the same problem. It really wasn’t too big of a deal though I still got my claims through without any paperwork at all. It just took well over a year to get my rating.
What good is more laws when the VA won't follow the ones they have already. They should have to pay 2x or 3x back pay for not following the rules they have already.
My sleep apnea claim was overturned. I was denied initially i even received a letter and then one day i had back pay and my VA profile states 90% so this is already in motion.
The Supreme Court just ruled in favor of Bufkin !!🥳 My question is what happens now? Should we expect the VA to be going back and reviewing cases? Or should we be resubmitting HLRs, supplemental claims citing this case as evidence? Love the channel, you’ve helped a ton!
@@Tigerman286 Yes sir, get a personal statement nothing crazy just stating your point for a reversal of decision and read over the bufkin case as well as refrence the case# in your statement and send that bad boy 🙏🏼
It happened to my husband. It's so weird. He gets 0% non service connected on a few injuries that he sustained in the Army, but at the time, didn't go to sick bay because he would be called out or humiliated by his superiors. He should get the benefit of the doubt of what he says. .period. He's not a Liar and has an honorable standing as he was great soilder and has some decorations. He's not making up the fact that his neck is broken, or he has ptsd. It took 2 years to get his PTSD rating. But still has zero % on he broken neck and leg, and facial scaring from being blown up in Iraq. He is lucky because you can't tell or see most of his scars but not all of his scars are visible. Thank GoD someone is doing something because we are in our 40s, but there are older veterans who've given up because it's so difficult to fight with the VA or the VFW to get then to take you seriously. A lot of veterans give up or don't get what's rightfully theirs, something that bled for or almost died for and watch others possibly die for. The VA needs to get their stuff on order. Thanks for sharing the hope this video brings for those who need it. ❤
Zero percent is non-compensable, but it is considered service-connected. The issues that are denied are deemed not service-connected and they will not be rated zero or any other percentage.
@@lauramattinglylove Be encouraged! Its not his fault. He is still fighting for all that matters to him. He needs a good VA claims attorney. There is a fund for lawyers representing vet clients. His lawyer can arrange and coordinate injury impact statements and expert doctor's letters to submit and strengthen his claim. He dont like disappointing you with no timeline. Stay strong & dont give up!
@@kday6392 at this point he has 100% due to his PTSD, we are on the way to getting his special monthly compensation for the other injuries. It's tricky. We don't want to poke the bear, but I don't think they can take his 100% p&t away. If you add everything up, he's about 160%... Which sounds ridiculous but it's all in how the VA math goes. Hopefully we can get some ratings turned into 'service connected'. I mean, how isn't his broken neck service connected when he was blown up in Iraq? We also did this all by ourselves. Maybe it is lawyer time? The VFW around us is a joke. We tried to use them 2 times and both times they didn't even show up to the court date. The four star general, who was the judge, said, "well mr. Soso, we've been here twice, how about I act also as your attorney." THAT'S how he got his 100%. No one, especially older veterans, should have to sift though this mess.
I got out of the Navy in 1996, and since 2017 I've been fighting with the VA for several things. Claims such as Hearing Loss, Tinnitus, Insomnia, Lower Back Pain. I have also fought to get my service treatment record and C-File. Finally the December of 2023 I received 10% tinnitus. 2024 has been more of the same, fighting to get my hearing loss at 0%, lower back pain, insomnia... Just this past week, I received my service treatment record and my C-File. Sure enough my service treatment record has my failed hearing tests, and reports of lower back pain. My C-File for my C&P exams for each claim states, at least likely than not due to my years in service. The VA may say they are here for us, examine our records so forth and so on but they are full of it. So now I have to wait to get denied with this new appeal, then present my "new" evidence and see what happens. Moral of the story is, stay on top of these people and FIGHT, FIGHT, FIGHT!!!!
After filing for anxiety disorder with panic attacks with a letter from my mental health care provider saying it was likely caused by tinnitus and her medical records saying the same....did supplemental claim and higher level review and c and p guy shoots it down....hopeless
Great video. Thanks! As a veteran with a recently denied claim, is there/ will there be anything we can do to have our case reviewed for possible reversal (provided of course this change does come into effect)?
great video, it definitely doesn't seem that benefit of a doubt was used in my situation. it has been a train wreck but painfully optimistic that the right decision will be made.
C & P examiner for my ankle and foot injury was rude and didnt wanna hear anything i had to say about how i got my injury. She just said i dont wanna hear it ive heard it all. Still ended up getting denied with evidence clear as day.
I had the same scenario happen a few years ago. I went outside and wrote down what was said by the examiner without quoting them. I wrote down how I felt and how it effected me mentally. Just playing the game as the rules dictate. It's still on appeal. I did the intent to file in 2021. Good Luck
I can give you a perfect example of the VA not giving the benefit of the doubt . I am a Viet Nam veteran that served for 20 months incountry during the peak of the war , late 1966 through August 1968 in the infamous Iron Triangle .I spent 8 months in the infantry before volunteering to become a Huey doorgunner and then crewchief for 12 months . I was shot down 5 times and had a couple hundred hard landings . My problem that showed up in later life was due to my being 6'3" tall and sitting in the jump seats that were made to accommodate the Vietnamese crews that were a foot shorter .My spine and back took a beating ! I have had 5 spine surgeries and got a letter from the Brain & Spine surgeon saying the same . The VA has denied service connection several times noting that the MOS was for a helicopter mechanic (67 N 20 ) ,ignoring my DD 214 that clearly showed my aircrewmembers wings and 15 Air Medals which included several that included the V device for Valor . I was shocked to find out that the Army didn't have a MOS for either doorgunners or crewchiefs !!!! As everyone knows the Viet Nam war was known as the Helicopter War ! All the Va would have had to was pay attention to my DD214 ! How about a Google search asking life expectancy of a doorgunner in the Viet Nam War ? I am still appealing !
Can you attach a copy of your DD214 to your claim, like you attach a personal statement? Just a thought because I know the adjudicator isn’t seeing your DD214 🤷🏻♂️
@@dfabove9108 Heartbreaking! Thank you for your service and sacrifice. Ask your VA lawyer to arrange and coordinate multiple expert doctor letters and your personal injury impact statement on your daily life to strengthen your claim. The expert dr letters will support your personal statement. Stay Strong & dont give up!
I am 70% rated, Sleep Apnea Denied, Bladder Cancer twice, treated in Remission ZERO percent service conected. GERD with Barrett's Esophagus DENIED Depression Anxity Denied Hypothyroidism Hypertension both Zero rated Anxity Denied PTSD diagnosed DENIED
I’ve been denied several times for a documented back injury while on active duty and currently in the determining phase again for this injury and I will now use the legal case you mentioned ing my arguments I’m filling when all my scheduled doctors appointments are finished
I have been denied for my back and neck claims due to a Tbi injury for 35 years. I am now waiting for the BVA to look at it. All 3 of my shipmates had to go to the BVA to win their back cases.
I was denied Tinnitus for a 2013 claim in 2014 and 2018, but it was finally approved in 2023. I was a Plane Captain on the flight line for 6 years. It should have never taken 9 years to get approved.
I retired in 2003 (aviation ordnance). Spent the last 2 years aboard USS John C Stennis in the gulf. Evaluated by VA prior to separation. Had bilateral hearing loss. VA says it wasn’t service related. What was the question again?????
I was a jet engine mech on the USS Ranger. VA denied my hearing loss too. Running jet engines on a test cell as DB level over 120-140 DB's. Anything over say 80 DB causes hearing loss. Hearing protection does zero good. As I mech was exposed to JP jet fuels all the time. Studies from multiple sources including the VA/GOV show jet fuel exposure and high DB levels cause hearing loss. The VA says nope all denied. My VA Lawyer had to file more HLR reviews. Thus, it leads to more Delays, Delays and Delays. Including endless HLR appeals. VA raters and some reviewers are their own worst enemies. No wonder the system is so slow and back logged. The Vet most times are not getting the benefit of the doubt rulings. With only 1% of the US population who have ever been in the military, vets have to fight tooth and nail for every penny. Everyone else gets their freebies and money on a GOLD platter. Itt is complete insanity.
I got denied for anxiety/panic disorder due to a terrible C&P examiner. She was a very prude and nasty woman and didn’t conduct the exam properly she even cussed at me. I filed a complaint to the VA and nothing and ended up getting denied. She never asked me about my symptoms at all . I had to tell her frequently about my symptoms but she didn’t want to hear it. I had more than enough evidence to back my claim and she ended putting “less likely than not.” On the medical opinion. What makes it funnier is I had 4 written statements from close friends I served with and I felt like the VA didn’t even bother to consider those statements even though it’s there in the “evidence” section on my decision letter. Any tips on how to handle this?
Good video Jordan! I definitely did not feel that was on my side. Yes most of my C&P examiner’s seemed to be on my side? But it was still a battle even though all the evidence was there! Thank for your advice and strategies and a good VSO got me there. Which I am so Thankful, A lot of Praying! I hope you and Your Family are doing well! Thank You for looking out for us Vets! You are the man. 🙏
I filed for bilateral wrist tendenosis, was denied. Filed an appeal, the higher level review agreed with me, sent it back to redo...it was again denied. I now submitted a nexus letter from a wrist surgeon that the VA themselves uses for wrist issues, stating that my injuries are from the time frame that I stated, and more then likely are related to accident and use conductive with military details, such as push ups, and also a truck running over me.... Waiting to see if im denied again...what else can I do?
@@flyinglilianarose But that is the thing, the higher level reviewer did agree, she said so and marked it as finding "multiple errors and failure to assist" in the letter sent to me after the higher level review. The second part is most likely, I got yet another shitty VA worker, as they didn't even send me for a second exam.
I just got my DBQ from my C&P exam today. The “doctor” if you can call her that, must’ve been examining someone else. For my lower back, there was a goniometer sitting on the counter, but she never used it. In 2018 I had mobility of, only 50 degees. Two weeks ago she said I have 85 degree mobility. When I bent over, I told her I wouldn’t go past the point of pain and I stopped before my hands crested my knees. Which is literally like 20° maybe. I told her that I still had the shooting pains in my legs and she wrote no for radiculopathy. It’s so frustrating. These people that are supposed to be doing things for veterans are working so hard against us. She asked me so many questions and when I answered them, all she has written down is no on everything. I’m not sure what to do now.
I’ve been denied PACT ACT claims. Then I found out it was because my Iraq tour was not on my DD214 but my Kosovo tour was on it. I have to file to have my DD214 updated with proof. It’s frustrating on how many claims were denied because I used my DD214 as proof of service location.
My DD214 didn't show my year in SEA. Somehow the VA found records of my year there. I also submitted b/w photos of my over there. I don't know of they helped or not?
When I registered for the pact act they knew every single location I was at. All I had to do was to confirm it Now… despite symptoms, diagnosis for rhinitis, sinusitis… it’s bad. Every day blood in my nose, sinus pressure, migraines etc etc The VA only wants to send me to a pulmonary function test. I know I don’t need my VA provider to confirm it but if I’m fighting them… I imagine I have to fight my claim
Yep I have a client right now who has PTSD from being down range, but the location isn’t on her DD214 and it’s a mess. Stuff like that is so frustrating
17 years of the VA nightmare here, and every single time… every single time, I was either shorted, or outright denied because they clearly did not consider everything NOR follow this rule. I can guarantee the VA should have paid me thousands and thousands of dollars, but simply didn’t. And it directly affected my well-being for almost 2 decades. And then they hide behind “intent to file” bs, and supposed “time policy” specifically geared to waiting until a veteran dies rather than be just and honest. It is simply cheaper I assume. What it is, is a travesty.
Since Sept 2023 the VA hired alot of untrained Raters and Examiners that are denying claims to make quota. My claims after that month were all 0% or denied although my packages were of the same quality. I won them all by getting the CFile and finding the errors. My last claim for 10% in Mar 2024 with STRs was denied after 7 months of fighting and a re-exam which tells me the fight is more difficult into 2025. The only way I found to get my odds to win up is with at least 6 months of private Dr treatment with a specific ICD10 code, a for fee IMO and DBQ, and a concise 15 or so page package with a concise personal statement. In my opinion a strong claim costs around $2.4k in med bills, missed time from work, and for fee docs.
@@vaclaimsacademy I’ve submitted a lay statement from my tank commander to hopefully get my injury service connected With my nexus letter and diagnosed condition hopefully it works
Ya had something similar. Had a doctor with 30 plus years experience but not a Neurologist but did his research and sited research in my nexus but va said nope our registered nurses with 3 years experience opinion carries more weight
I was denied three times for my right knee. I was given a lousy 10% for the left knee. Both knees are very bad. I complained about both of them to the Doctor but he only wrote about the left knee. Because, he asked me which one hurts the worse, I said the left , and that’s the one he charted about. However, he did chart that I complained about both knees. Although, they say that I complained about both at the same time, Apparently, it didn’t happen at the same time. So, they keep saying, not service connected. I have tons of evidence on both knees after service, personal statements. They just don’t care.
My Army medical record was possibly destroyed and is nowhere to be found. I found out months after my denial that I needed a buddy statement. I finally found someone I served with to write one, but a year had past and now it has been several years. How come no one can give a straight answer on what I should do now. I did get 10 percent for tinnitus.
I was at a 70% ptsd I fell a few years ago and because I couldn’t pass a mental exam I got rated to 100. I was knocked unconscious after falling off of the wing of an aircraft as it was wet but was ordered to fix it. The last TBI caused me to have brain surgery should I ask to review the results or should I leave it alone?
Bless you! I submitted a claim for Gen Anxiety Disorder around 2011 & the member that denied my said I " PROBABLY got it while separated from active duty." My medical records were on file for access, but it was the AF doctor's diagnosis that was submitted by the VSO. According to the VSO, that was all that was needed. Nothing was in my civilian record but the continuation of treatment after initial AF diagnosis. This gives me what I consider additional evidence. Here's praying for that back pay to be granted.
I got denied for PTSD...but was given some advice that there is no such thing as denying PTSD...so I currently have an appeal getting directly reviewed by VA judge in DC to board of veterans appeals
Happened to me. Sitting here after 6 yrs filing appeals. I have nexus letters, private medical records w diagnosis and personal statement and still denied. Makes zero sense . I was at 50% now they are wanting to take that away. I even have my TERA questionairre completed showing exposure to chems.
USMC 1973 -1977 Navigator on KC-130F. I had a Board Certified Orthopedic Surgeon state that my back injury was caused by my Service Connected knee injuries. I was denied because C&P examiner stated she did not find any in service medical evidence, because I never went to sickbay for my back problem. I was denied. In December I go in for a Veteran's Law Judge for VA Board of Veterans appeals. I am going to use this case for Benefit of the doubt.
Love this video JA - THE VA won't care about the decision - JA - My claims had a ratio of 10 positive to 0 negatives or 5 positives to 0 negatives VA still denied my claims - when a veteran got 5 in-service events plus had surgery for the in-service event and a of symptoms and treatments during and after service and the VA employee examiners and raters collude together to deny that claim its something going on more than a lack of training - JA the legend doing his best again educating veterans on facts !!!
GTO! Hope your weekend is going well. Yes isn’t that ridiculous? It makes me wonder why we should even have that regulation if it’s just going to be blatantly ignored a lot of the time. I’d rather them either remove the regulation entirely, or at least follow it most of the time. I’m hoping this supreme court decision shakes things up big time
I currently have situation where I have chest pain but when I went to the doctor in service they named it something else and I got denied because I didn’t call in what the doctor named it in my diagnosis. I filed and used the doctor’s words and I was granted.
Excellent advice and information filing an HLR on my migraines being denied they are holding against me that I never went to sick call for migraines. Well I never went for tinnitus and anxiety depression and sleep disorder but I have those conditio s and have been sevice connected. Claimed migraines secondary to all of those and denied. ..smh
Yeah I have been denied time and time again. I have my ETS medical paper while on active service that it was stated I have a defect the my left knee. But sense I didn't complain enough over the years but am doing so now, they are denying me. My condition got worse over the years and reached out to the VA with my ETS papers but they are saying my condition is not connected service related. Now waiting forever for the BVA to make a decision. They had a Nurse from across the country to say my condition is genic. I have never been diagnosed with a genic disorder but her statement satisfied the VA to deny me.
I have been denied sleep apnea twice because there is nothing in my medical records to substantiate the claim. I retired with 22 yrs active duty and I was one who not go on sick call unless there was something seriously wrong. I retired in May 1984 and neither my wife or myself had ever heard of sleep apnea. A retired veteran mentioned it and I went thru the sleep center at our local hospital and it was confirmed that I indeed have sleep apnea. Any recommendation of a course of action I can take to resubmit this claim?
My claim for my lower was denied countless times for 2 reasons. First was when I got out of the Navy and went to the VA the doctor asked me the name of the doctor i was seeing. Told him I was seeing a chiropractor and he stated "well you're injury mustn't be that bad then"! Then they tried to deny me because they said I didn't seek treatment for 2 years after my injury in 1992. Told them that was a lie because my squadron was not updating my files because they were making everyone go on several detachments those couple years. After many years I was able to get my claims approved but it took a lot of fighting. So I can definitely say the VA does not give the veteran the benefit of the doubt. Keep fighting everyone!
That is good, I was denied my MEB for my back (spine, disc and arthritis). that my base and squadron including med group was pushing for me. They stated it was not service connected, telling me carrying all this gear every damn day and etc. it is not service connected. Yet I pass the physical with flying colors to join. I tried to fight it again and they said not service connected like wtf. As many I gave up, not even a 0 percent. Has anyone been denied MEB, got out and then got it approved? Was there back pay since it was on MEB?
I'm dealing with this now. I had foot injuries and ankle injuries in my records on both feet and both ankles. I got denied for flat Feet, Plantar Faciatis and ankle pain. I'm fighting with a higher level review now
Is there A way to make a video concerning course of action in regards to favorable findings, but still a denial? I would love to work with you on this topic as a potential case study.
I submitted forn5 separate things and the VA denied everything after making me wait for 6 months without even scheduling me for a C&P exam . Has anyone had something similar happen to them?
My exit physical found several things that were surely service connected. Why should I have to file a claim? It should be automatic and retroactive to my ETS date. Severe loss of range of motion in shoulder, significant hearing loss, Tinnitus in right ear. None of it reversible or fixable. Why do I even need to ask?
I filed for sleeping problems in 2019 and it was denied because I didn’t provide evidence (my fault) I just got sleep apnea at 50% this week and my decision letter mentioned it as “sleeping problems” Can I get back paid from 2019? Maybe it’s a long shot
Congrats on your win! As far as the backdated pay for that specifically, I am not sure enough to give you a confident answer on that. Typically things like that can take some back and fourth with the VA and even a lawyer if necessary
Very good thanks. You should do a video on how the caregivers were screwed over by the mission act of 2018, it made it so that caregivers applying after 2018 could not get approved for the PCAFC which is a stipend for caregivers taking care of disabled veterans. Please check into this to get the word out and change this. The VA did not do what Congress said to do. Please. Thank You. Check this out the Elizabeth Dole Home Care Act HR 542 is waiting to be signed and I don't understand what is taking so long for the President to sign it
Interesting vlog. I've been denied on several issues for which I've provided evidence. Although it came back with a favorable findings paragraph for each ailment, they were still denied. Additionally, I had a motorcycle accident (fell off my bike at 90 miles an hour) while on active duty and landed on my hip. I was able to walk away from the accident but never went to sick call. I was pretty young and was able to "walk it off" as they say, but as I have gotten older, the pain in that side of my hip continues to bother me. What can I do to add that to my claim? Can I submit a "personal statement" as part of my claim?
No it has always been play off that it was not legitimate when we claim a problem, I once was counseled about a claim and it was very devastating to even talk about , but the councilor had no compassion or empathy
Vietnam Marine, flew as door gunner. When I filed my claim for PTSD and other issues, VA gave me 10% for PTSD. On appeal, was sent to a civilian clinic for re-eval. The guy had me start talking and after 15 minutes, folded his notebook and told me to keep talking. After an hour my time ended, he asked me who else knew these facts. I told him other than the VA doctor and him, no one else has ever heard what I said, not even my wife. He told me the VA's 10% was insulting and not to worry. After his report, my PTSD went to 70% rating. Was was really insulting, was I had a guy that worked for me and was in IRAQ, who never left the wire while there, never was shot at, never had other people's blood on him and never watched someone die in front of him, but he got 10% PTSD rating, because while there, he was "scared and missed his girlfriend".......
@@vaclaimsacademy yes they are, with a new eval, my rating went to 100% in May 2023......then in Sept 23 & getting sent to Environmental due to PACT act, they found out I had lung cancer ( never a smoker) after all exams & scans they took half of my left lung . Filed new claim and got denied because they said it wasn't service connected. Re-filed for Agent Orange exposure & Camp LeJeune water issue. They sent my appeal cross country to Seattle. I got a phone call from the evaluator and he apologized for the 1st appeal failure. He told me that lung cancer and Agent Orange exposure went hand in hand. We talked for about 15 minutes and he told me by end of the day he would be giving me a favorable decision to approve my claim. Week later got a letter from VA reversing "their" error and now waiting for % classification. I've never had a issue with care I've gotten at VA. My problem stems from the "cubicle dwellers" at the VA & Regional office.
Im 100% my life is hell every day i wish i would have never gotten injured evey second good luck my brothers and sisters of service. REMEMBER JESUS LOVES YOU
Heck nah I know I haven’t especially with my shoulder. The VA shot me down simply because my c&p examiner said it wasn’t service connected when I had multiple documents stating it was
@vaclaimsacademy that happened to me for fibromalgia. I have unexplain3d muscle pain and digestive issues. But since they dodnt call it fibromalgia they denied it and ignored my unexplained full body muscle pain. Frustrating.
Here's a gap: IF Benefit of the doubt must be declared on a claim, then forms should allow the plaintiffs to have a box to call out statutes they want applied. The fine print has other statutes, but the benefit of the doubt clause is 'assumed' to be part of the process. A lesson we are learning is that if the following statutes are relevant then you will need to include them in your applications and letters; assume VA will play dumb if you don't mention these as needed: 38 C.F.R. § 3.103(a) mandates that the VA ensure fair and efficient processing of claims. 38 U.S.C. § 5103A - Duty to Assist ( ie. SSA Records Retrieval Assistance) 38 U.S.C. § 5107(b) - Benefit of the doubt goes to claimant(plaintiff). 38 U.S.C. § 5110(b)(2) provides for retroactive payments when entitlement has been established but processing has been delayed. 38 C.F.R. § 20.902(c), allows for prioritization in cases of financial hardship or other extenuating circumstances. --All the best to you. Pro se friend
i should have taken my time else where than spending my body and time with the navy and should have gone reserves or even national guard. The only time i would think about navy if i can go back in time is reserves since quotas are way damn higher like E-5 for most rates are like 100%. And E-4 in my job was like 12% (active duty quota) like damn i aint trying to make E-7
I haven't been getting the benefit of the doubt. I get 70% in and nothing in compensation. I was in Tannks on Aircraft carriers, mortars. Feet problems, back ears, nerve
Were you able to receive back pay for all those years? My husband is at a 60% rating right now and we filed a request for an increase due to his medical issues 5 months ago. He still hasn't gotten a final decision on his request for an increase. I'm wondering if he'll receive back pay for this when they do approve his increase.
Hello I just seen your most recent video referencing the benefit of the doubt law for VA claims I just recently filed a claim for DIC spousal benefits spousal benefits and I was denied because proof of marital status according to the eligibility I was living with the deceased veteran Anne had a child with the deceased veteran. We were never legally married but we cohabited for about 4 years prior to his death he chose to relocate to his home which is where he deceased I feel that the benefit of the doubt law applies to me please advise please advise
I was in the hospital while in the Navy and it was for a mental illness and I opened my claim once I was discharged and I kept getting denied up until August of 2022 can I get back pay from back in 1992 when I was discharged
With my lay evidence, I would be approved. As it is, there are extenuating circumstances that cause me to be denied. Also my buddy statement covered this situation as well. I would be approved if they took this information into effect because it goes back to a time before my discharge and would have me approved and more than likely at 100%.
![ILLSLICK - KILLSHOT REMIX [FULL VERSION]](http://i.ytimg.com/vi/RIK8RrqIAzE/mqdefault.jpg)
Some advice here, KEEP FILING!! KEEP FILING! KEEP FILING! The VA or social workers might even discourage you from filing...but it may take 5, 6, 7, 8 times of a veteran filing the same claim in order to get even 10%. Keep filing! The younger you are while filing also, the better because you might not get it for years and years and years. This really needs to stop. God bless you all. 🙏
Bingo, great point Laura
Agreed. I've been applying since 96' and finally was approved for the conditions this year. I will be submitting a Higher Level Board to address these issues. After so many years of continuous Treatment with supported documents, even though not having an ETS dental/Physical Exam I hope the VA does the right thing? Thanks for the Info.
@brianhardaway9716 It's hard to deal with the VA but you can do it. Once you get 10% it becomes easier but you'll need to go to each and every appointment. It took us yearssss. What helped was the intent to file, which gives you an additional year to provide evidence etc, and we contacted our state senator. He was able to push his pension through fast. Although it says it's emergency based and only takes 30 days. What a joke. However, If you can write your senator an email about your condition and how long it's taken, they can push it through faster. You shouldn't HAVE to do this and hopefully it gets better this year but Keep pushing. Good luck and God speed. 💖
Dude, I was in from 09 to 15 and my leadership did me a great disservice discouraging myself and other former going to sick call.
Sick call is there for your benefit. Maybe they discouraged the people who wanted to get out of field ops etc...
Yea my company had the same problem. It really wasn’t too big of a deal though I still got my claims through without any paperwork at all. It just took well over a year to get my rating.
Still a thing
That was my unit in the Marine Corps. Worse thing i have ever seen
You are so correct
What good is more laws when the VA won't follow the ones they have already. They should have to pay 2x or 3x back pay for not following the rules they have already.
Or at least interest on the backpay.
Knowing there's no consequences for blowing it is what keeps Raters from caring.
My sleep apnea claim was overturned. I was denied initially i even received a letter and then one day i had back pay and my VA profile states 90% so this is already in motion.
I have the cpac and still got denied
Same here, military diagnosed and prescribed@@E.ElderGilbert
Thank you for your help to veterans.
This is great information for gulf war vets like me.
The Supreme Court just ruled in favor of Bufkin !!🥳 My question is what happens now? Should we expect the VA to be going back and reviewing cases? Or should we be resubmitting HLRs, supplemental claims citing this case as evidence?
Love the channel, you’ve helped a ton!
You have to reopen it yourself by hlr/suplemental.
@@MrOmar0021thats what im thinking too
@@Tigerman286 Yes sir, get a personal statement nothing crazy just stating your point for a reversal of decision and read over the bufkin case as well as refrence the case# in your statement and send that bad boy 🙏🏼
GREAT VIDEO, GREAT NEWS! GREAT ADVICE! Been filing and fighting since 1983.
Slow progress but almost 100. Dont give up.
It happened to my husband. It's so weird. He gets 0% non service connected on a few injuries that he sustained in the Army, but at the time, didn't go to sick bay because he would be called out or humiliated by his superiors. He should get the benefit of the doubt of what he says. .period. He's not a Liar and has an honorable standing as he was great soilder and has some decorations. He's not making up the fact that his neck is broken, or he has ptsd. It took 2 years to get his PTSD rating. But still has zero % on he broken neck and leg, and facial scaring from being blown up in Iraq. He is lucky because you can't tell or see most of his scars but not all of his scars are visible. Thank GoD someone is doing something because we are in our 40s, but there are older veterans who've given up because it's so difficult to fight with the VA or the VFW to get then to take you seriously. A lot of veterans give up or don't get what's rightfully theirs, something that bled for or almost died for and watch others possibly die for. The VA needs to get their stuff on order. Thanks for sharing the hope this video brings for those who need it. ❤
Beautifully said, I couldn’t imagine the feeling of getting treated like a liar when you were just giving your all to the service
Zero percent is non-compensable, but it is considered service-connected. The issues that are denied are deemed not service-connected and they will not be rated zero or any other percentage.
@@lauramattinglylove
Be encouraged! Its not his fault. He is still fighting for all that matters to him. He needs a good VA claims attorney. There is a fund for lawyers representing vet clients. His lawyer can arrange and coordinate injury impact statements and expert doctor's letters to submit and strengthen his claim.
He dont like disappointing you with no timeline.
Stay strong & dont give up!
Hire va attorneys. I used Hill and ponton out of Florida. You won't be disappointed. And they will fight for your back pay
@@kday6392 at this point he has 100% due to his PTSD, we are on the way to getting his special monthly compensation for the other injuries. It's tricky. We don't want to poke the bear, but I don't think they can take his 100% p&t away. If you add everything up, he's about 160%... Which sounds ridiculous but it's all in how the VA math goes. Hopefully we can get some ratings turned into 'service connected'. I mean, how isn't his broken neck service connected when he was blown up in Iraq? We also did this all by ourselves. Maybe it is lawyer time? The VFW around us is a joke. We tried to use them 2 times and both times they didn't even show up to the court date. The four star general, who was the judge, said, "well mr. Soso, we've been here twice, how about I act also as your attorney." THAT'S how he got his 100%. No one, especially older veterans, should have to sift though this mess.
I got out of the Navy in 1996, and since 2017 I've been fighting with the VA for several things. Claims such as Hearing Loss, Tinnitus, Insomnia, Lower Back Pain. I have also fought to get my service treatment record and C-File. Finally the December of 2023 I received 10% tinnitus. 2024 has been more of the same, fighting to get my hearing loss at 0%, lower back pain, insomnia... Just this past week, I received my service treatment record and my C-File. Sure enough my service treatment record has my failed hearing tests, and reports of lower back pain. My C-File for my C&P exams for each claim states, at least likely than not due to my years in service. The VA may say they are here for us, examine our records so forth and so on but they are full of it. So now I have to wait to get denied with this new appeal, then present my "new" evidence and see what happens. Moral of the story is, stay on top of these people and FIGHT, FIGHT, FIGHT!!!!
Will they be looking at deferred claims. I currently have 10. Wish they made a decision on my deferred decisions
So o can appeal them if denied.
After filing for anxiety disorder with panic attacks with a letter from my mental health care provider saying it was likely caused by tinnitus and her medical records saying the same....did supplemental claim and higher level review and c and p guy shoots it down....hopeless
Great video. Thanks! As a veteran with a recently denied claim, is there/ will there be anything we can do to have our case reviewed for possible reversal (provided of course this change does come into effect)?
I love how calm you are! Thank you very much
Thanks, hope you’re having a great weekend
@vaclaimsacademy Thank you very much and you have a blessed weekend as well!
great video, it definitely doesn't seem that benefit of a doubt was used in my situation. it has been a train wreck but painfully optimistic that the right decision will be made.
C & P examiner for my ankle and foot injury was rude and didnt wanna hear anything i had to say about how i got my injury. She just said i dont wanna hear it ive heard it all. Still ended up getting denied with evidence clear as day.
I had the same scenario happen a few years ago. I went outside and wrote down what was said by the examiner without quoting them. I wrote down how I felt and how it effected me mentally. Just playing the game as the rules dictate. It's still on appeal. I did the intent to file in 2021. Good Luck
@@bruceayers512 I even went and got a diagnosis for my foot and ankle and still got denied after my appeal.
Your videos are very informative and helpful.
I can give you a perfect example of the VA not giving the benefit of the doubt . I am a Viet Nam veteran that served for 20 months incountry during the peak of the war , late 1966 through August 1968 in the infamous Iron Triangle .I spent 8 months in the infantry before volunteering to become a Huey doorgunner and then crewchief for 12 months . I was shot down 5 times and had a couple hundred hard landings . My problem that showed up in later life was due to my being 6'3" tall and sitting in the jump seats that were made to accommodate the Vietnamese crews that were a foot shorter .My spine and back took a beating ! I have had 5 spine surgeries and got a letter from the Brain & Spine surgeon saying the same . The VA has denied service connection several times noting that the MOS was for a helicopter mechanic (67 N 20 ) ,ignoring my DD 214 that clearly showed my aircrewmembers wings and 15 Air Medals which included several that included the V device for Valor . I was shocked to find out that the Army didn't have a MOS for either doorgunners or crewchiefs !!!! As everyone knows the Viet Nam war was known as the Helicopter War ! All the Va would have had to was pay attention to my DD214 ! How about a Google search asking life expectancy of a doorgunner in the Viet Nam War ? I am still appealing !
Can you attach a copy of your DD214 to your claim, like you attach a personal statement? Just a thought because I know the adjudicator isn’t seeing your DD214 🤷🏻♂️
@@iokona Yes ,you should always add your DD214 to your clain ! Good luck !
@@dfabove9108 Heartbreaking! Thank you for your service and sacrifice. Ask your VA lawyer to arrange and coordinate multiple expert doctor letters and your personal injury impact statement on your daily life to strengthen your claim. The expert dr letters will support your personal statement. Stay Strong & dont give up!
I am 70% rated,
Sleep Apnea Denied, Bladder Cancer twice, treated in Remission ZERO percent service conected.
GERD with Barrett's Esophagus DENIED
Depression Anxity Denied
Hypothyroidism
Hypertension both Zero rated
Anxity Denied
PTSD diagnosed DENIED
Wow
I’ve been denied several times for a documented back injury while on active duty and currently in the determining phase again for this injury and I will now use the legal case you mentioned ing my arguments I’m filling when all my scheduled doctors appointments are finished
I’ve asked for a special hearing to present my statements and evedence
I have been denied for my back and neck claims due to a Tbi injury for 35 years. I am now waiting for the BVA to look at it. All 3 of my shipmates had to go to the BVA to win their back cases.
I was denied Tinnitus for a 2013 claim in 2014 and 2018, but it was finally approved in 2023. I was a Plane Captain on the flight line for 6 years. It should have never taken 9 years to get approved.
Jordan you just ROCK😊😊😊You are so informative .Thank you so much 😊
I retired in 2003 (aviation ordnance). Spent the last 2 years aboard USS John C Stennis in the gulf. Evaluated by VA prior to separation. Had bilateral hearing loss. VA says it wasn’t service related. What was the question again?????
IYAOYAS
IYAOYAS CVN-71 G-3🤘🏾
I was a jet engine mech on the USS Ranger. VA denied my hearing loss too. Running jet engines on a test cell as DB level over 120-140 DB's. Anything over say 80 DB causes hearing loss. Hearing protection does zero good. As I mech was exposed to JP jet fuels all the time. Studies from multiple sources including the VA/GOV show jet fuel exposure and high DB levels cause hearing loss. The VA says nope all denied. My VA Lawyer had to file more HLR reviews. Thus, it leads to more Delays, Delays and Delays. Including endless HLR appeals. VA raters and some reviewers are their own worst enemies. No wonder the system is so slow and back logged. The Vet most times are not getting the benefit of the doubt rulings. With only 1% of the US population who have ever been in the military, vets have to fight tooth and nail for every penny. Everyone else gets their freebies and money on a GOLD platter. Itt is complete insanity.
throw these VA claim raters on the flight deck and test their hearing in 1 year...lol... this is so much horse shit.
Thank you so much for making videos like this for us. God bless you!
I got denied for anxiety/panic disorder due to a terrible C&P examiner. She was a very prude and nasty woman and didn’t conduct the exam properly she even cussed at me. I filed a complaint to the VA and nothing and ended up getting denied. She never asked me about my symptoms at all . I had to tell her frequently about my symptoms but she didn’t want to hear it. I had more than enough evidence to back my claim and she ended putting “less likely than not.” On the medical opinion. What makes it funnier is I had 4 written statements from close friends I served with and I felt like the VA didn’t even bother to consider those statements even though it’s there in the “evidence” section on my decision letter. Any tips on how to handle this?
Good video Jordan! I definitely did not feel that was on my side. Yes most of my C&P examiner’s seemed to be on my side? But it was still a battle even though all the evidence was there! Thank for your advice and strategies and a good VSO got me there. Which I am so Thankful, A lot of Praying! I hope you and Your Family are doing well! Thank You for looking out for us Vets! You are the man.
🙏
I filed for bilateral wrist tendenosis, was denied.
Filed an appeal, the higher level review agreed with me, sent it back to redo...it was again denied.
I now submitted a nexus letter from a wrist surgeon that the VA themselves uses for wrist issues, stating that my injuries are from the time frame that I stated, and more then likely are related to accident and use conductive with military details, such as push ups, and also a truck running over me....
Waiting to see if im denied again...what else can I do?
higher level reviewer didnt agree with you. They found an error. You probably got a shitty C&P examiner again the second time :( this sucks.
@@flyinglilianarose
But that is the thing, the higher level reviewer did agree, she said so and marked it as finding "multiple errors and failure to assist" in the letter sent to me after the higher level review.
The second part is most likely, I got yet another shitty VA worker, as they didn't even send me for a second exam.
Next fix their math.
Excellent information young man..
Thank you, have a great weekend
@@vaclaimsacademy I just went through an ACE exam yesterday. Hoping my rating decision is favorable..
Great Information
I just got my DBQ from my C&P exam today. The “doctor” if you can call her that, must’ve been examining someone else. For my lower back, there was a goniometer sitting on the counter, but she never used it. In 2018 I had mobility of, only 50 degees. Two weeks ago she said I have 85 degree mobility. When I bent over, I told her I wouldn’t go past the point of pain and I stopped before my hands crested my knees. Which is literally like 20° maybe. I told her that I still had the shooting pains in my legs and she wrote no for radiculopathy. It’s so frustrating. These people that are supposed to be doing things for veterans are working so hard against us. She asked me so many questions and when I answered them, all she has written down is no on everything. I’m not sure what to do now.
I’ve been denied PACT ACT claims. Then I found out it was because my Iraq tour was not on my DD214 but my Kosovo tour was on it. I have to file to have my DD214 updated with proof. It’s frustrating on how many claims were denied because I used my DD214 as proof of service location.
My DD214 didn't show my year in SEA. Somehow the VA found records of my year there. I also submitted b/w photos of my over there. I don't know of they helped or not?
When I registered for the pact act they knew every single location I was at. All I had to do was to confirm it
Now… despite symptoms, diagnosis for rhinitis, sinusitis… it’s bad. Every day blood in my nose, sinus pressure, migraines etc etc
The VA only wants to send me to a pulmonary function test. I know I don’t need my VA provider to confirm it but if I’m fighting them… I imagine I have to fight my claim
@@hailtothe_rooster1572 Right. I get that. My DD214 doesn’t show my Iraq service. So when I use it as evidence for the PACT ACT claims, I’m denied.
Yep I have a client right now who has PTSD from being down range, but the location isn’t on her DD214 and it’s a mess. Stuff like that is so frustrating
Had to get a DD 215 with the corrections took 25 years
17 years of the VA nightmare here, and every single time… every single time, I was either shorted, or outright denied because they clearly did not consider everything NOR follow this rule. I can guarantee the VA should have paid me thousands and thousands of dollars, but simply didn’t. And it directly affected my well-being for almost 2 decades.
And then they hide behind “intent to file” bs, and supposed “time policy” specifically geared to waiting until a veteran dies rather than be just and honest. It is simply cheaper I assume. What it is, is a travesty.
Since Sept 2023 the VA hired alot of untrained Raters and Examiners that are denying claims to make quota. My claims after that month were all 0% or denied although my packages were of the same quality. I won them all by getting the CFile and finding the errors. My last claim for 10% in Mar 2024 with STRs was denied after 7 months of fighting and a re-exam which tells me the fight is more difficult into 2025.
The only way I found to get my odds to win up is with at least 6 months of private Dr treatment with a specific ICD10 code, a for fee IMO and DBQ, and a concise 15 or so page package with a concise personal statement.
In my opinion a strong claim costs around $2.4k in med bills, missed time from work, and for fee docs.
wow..
I had this happen. Had a doctor submit a nexus letter and personal statement the va said the c and p examiners verbiage was more persuasive.
Yeah the VA loves to roll with their C&P examiners decision
@@vaclaimsacademy I’ve submitted a lay statement from my tank commander to hopefully get my injury service connected With my nexus letter and diagnosed condition hopefully it works
Ya had something similar. Had a doctor with 30 plus years experience but not a Neurologist but did his research and sited research in my nexus but va said nope our registered nurses with 3 years experience opinion carries more weight
Was for migraines secondary to tinitus
Whose report was the last one that went in to the VA?
Good point Jordan. We need to follow thru with our stuff. Thank you
I was denied three times for my right knee. I was given a lousy 10% for the left knee. Both knees are very bad. I complained about both of them to the Doctor but he only wrote about the left knee. Because, he asked me which one hurts the worse, I said the left , and that’s the one he charted about. However, he did chart that I complained about both knees. Although, they say that I complained about both at the same time, Apparently, it didn’t happen at the same time. So, they keep saying, not service connected. I have tons of evidence on both knees after service, personal statements. They just don’t care.
I feel my recent claim was approved in this way, yes.
My Army medical record was possibly destroyed and is nowhere to be found. I found out months after my denial that I needed a buddy statement. I finally found someone I served with to write one, but a year had past and now it has been several years. How come no one can give a straight answer on what I should do now. I did get 10 percent for tinnitus.
Thankfully this supreme court has been making some great rulings on a constitutional level and in favor of the people not the government.
I was at a 70% ptsd I fell a few years ago and because I couldn’t pass a mental exam I got rated to 100. I was knocked unconscious after falling off of the wing of an aircraft as it was wet but was ordered to fix it. The last TBI caused me to have brain surgery should I ask to review the results or should I leave it alone?
This would be great.. i have my case appealed to the veterans law judge right now for this reason!
Fingers crossed it turns out well for you
@@vaclaimsacademythank you! ❤
Great info as always!
Bless you! I submitted a claim for Gen Anxiety Disorder around 2011 & the member that denied my said I " PROBABLY got it while separated from active duty." My medical records were on file for access, but it was the AF doctor's diagnosis that was submitted by the VSO. According to the VSO, that was all that was needed. Nothing was in my civilian record but the continuation of treatment after initial AF diagnosis. This gives me what I consider additional evidence. Here's praying for that back pay to be granted.
direct failure of giving veteran benefit of doubt.... lol
I got denied for PTSD...but was given some advice that there is no such thing as denying PTSD...so I currently have an appeal getting directly reviewed by VA judge in DC to board of veterans appeals
Good job battle, love your channel!
Happened to me. Sitting here after 6 yrs filing appeals. I have nexus letters, private medical records w diagnosis and personal statement and still denied. Makes zero sense . I was at 50% now they are wanting to take that away. I even have my TERA questionairre completed showing exposure to chems.
Gosh, not a fun place to be to say the least. Looking forward to you being able to take some ground and also protect that existing 50%
USMC 1973 -1977 Navigator on KC-130F. I had a Board Certified Orthopedic Surgeon state that my back injury was caused by my Service Connected knee injuries. I was denied because C&P examiner stated she did not find any in service medical evidence, because I never went to sickbay for my back problem. I was denied. In December I go in for a Veteran's Law Judge for VA Board of Veterans appeals. I am going to use this case for Benefit of the doubt.
Love this video JA - THE VA won't care about the decision - JA - My claims had a ratio of 10 positive to 0 negatives or 5 positives to 0 negatives VA still denied my claims - when a veteran got 5 in-service events plus had surgery for the in-service event and a of symptoms and treatments during and after service and the VA employee examiners and raters collude together to deny that claim its something going on more than a lack of training - JA the legend doing his best again educating veterans on facts !!!
GTO! Hope your weekend is going well. Yes isn’t that ridiculous? It makes me wonder why we should even have that regulation if it’s just going to be blatantly ignored a lot of the time.
I’d rather them either remove the regulation entirely, or at least follow it most of the time. I’m hoping this supreme court decision shakes things up big time
I currently have situation where I have chest pain but when I went to the doctor in service they named it something else and I got denied because I didn’t call in what the doctor named it in my diagnosis. I filed and used the doctor’s words and I was granted.
Excellent advice and information filing an HLR on my migraines being denied they are holding against me that I never went to sick call for migraines. Well I never went for tinnitus and anxiety depression and sleep disorder but I have those conditio s and have been sevice connected. Claimed migraines secondary to all of those and denied. ..smh
I was dinied sleep apnea an was diagnosed had signs in the service have a cpap
Yeah I have been denied time and time again. I have my ETS medical paper while on active service that it was stated I have a defect the my left knee. But sense I didn't complain enough over the years but am doing so now, they are denying me. My condition got worse over the years and reached out to the VA with my ETS papers but they are saying my condition is not connected service related. Now waiting forever for the BVA to make a decision. They had a Nurse from across the country to say my condition is genic. I have never been diagnosed with a genic disorder but her statement satisfied the VA to deny me.
I have been denied sleep apnea twice because there is nothing in my medical records to substantiate the claim. I retired with 22 yrs active duty and I was one who not go on sick call unless there was something seriously wrong. I retired in May 1984 and neither my wife or myself had ever heard of sleep apnea. A retired veteran mentioned it and I went thru the sleep center at our local hospital and it was confirmed that I indeed have sleep apnea. Any recommendation of a course of action I can take to resubmit this claim?
My claim for my lower was denied countless times for 2 reasons. First was when I got out of the Navy and went to the VA the doctor asked me the name of the doctor i was seeing. Told him I was seeing a chiropractor and he stated "well you're injury mustn't be that bad then"! Then they tried to deny me because they said I didn't seek treatment for 2 years after my injury in 1992. Told them that was a lie because my squadron was not updating my files because they were making everyone go on several detachments those couple years. After many years I was able to get my claims approved but it took a lot of fighting. So I can definitely say the VA does not give the veteran the benefit of the doubt. Keep fighting everyone!
That’s rough, can’t stand when they pretend like you’re just some liar
That is good, I was denied my MEB for my back (spine, disc and arthritis). that my base and squadron including med group was pushing for me.
They stated it was not service connected, telling me carrying all this gear every damn day and etc. it is not service connected. Yet I pass the physical with flying colors to join.
I tried to fight it again and they said not service connected like wtf. As many I gave up, not even a 0 percent.
Has anyone been denied MEB, got out and then got it approved? Was there back pay since it was on MEB?
What if they said that I had a qualified event while in service. Then deny the claim anyway?
They have dropped the ball on my claim sent. i started this process
I'm dealing with this now.
I had foot injuries and ankle injuries in my records on both feet and both ankles.
I got denied for flat Feet, Plantar Faciatis and ankle pain.
I'm fighting with a higher level review now
Same here!
Love your content
Thank you, hope you’re having a good weekend
@@vaclaimsacademy you’re welcome. So far so good. Hope you are as well.
Is there A way to make a video concerning course of action in regards to favorable findings, but still a denial? I would love to work with you on this topic as a potential case study.
Yes. It’s definitely happened. It happened to me more than once.
Try Ranger Bat, and your PA is doing your minor surgeries/ repairs in the field or within the battalion compound, no hospital no records
You do a GREAT job bro
I submitted forn5 separate things and the VA denied everything after making me wait for 6 months without even scheduling me for a C&P exam . Has anyone had something similar happen to them?
how can you tell how close you were? Or if it was on the fence?
Nope I wasn't given the benefit of the doubt on my sleep apnea claim. Even submitted a solid nexus from my ENT doc and they still denied it.
So unfortunate. And an ENT is such a high specialty too. That’s the exact type of thing I’m talking about
My exit physical found several things that were surely service connected. Why should I have to file a claim? It should be automatic and retroactive to my ETS date. Severe loss of range of motion in shoulder, significant hearing loss, Tinnitus in right ear. None of it reversible or fixable. Why do I even need to ask?
I filed for sleeping problems in 2019 and it was denied because I didn’t provide evidence (my fault)
I just got sleep apnea at 50% this week and my decision letter mentioned it as “sleeping problems”
Can I get back paid from 2019? Maybe it’s a long shot
Congrats on your win! As far as the backdated pay for that specifically, I am not sure enough to give you a confident answer on that. Typically things like that can take some back and fourth with the VA and even a lawyer if necessary
Call Berry Law
@@real-h1739 on it! 😎
@@real-h1739 yeah they are really good! Berry Law guys...
Time to restart filing my claims again and push for higher level reviews. Which law is this so we can directly cite it
Very good thanks. You should do a video on how the caregivers were screwed over by the mission act of 2018, it made it so that caregivers applying after 2018 could not get approved for the PCAFC which is a stipend for caregivers taking care of disabled veterans. Please check into this to get the word out and change this. The VA did not do what Congress said to do. Please. Thank You. Check this out the Elizabeth Dole Home Care Act HR 542 is waiting to be signed and I don't understand what is taking so long for the President to sign it
Interesting vlog. I've been denied on several issues for which I've provided evidence. Although it came back with a favorable findings paragraph for each ailment, they were still denied. Additionally, I had a motorcycle accident (fell off my bike at 90 miles an hour) while on active duty and landed on my hip. I was able to walk away from the accident but never went to sick call. I was pretty young and was able to "walk it off" as they say, but as I have gotten older, the pain in that side of my hip continues to bother me. What can I do to add that to my claim? Can I submit a "personal statement" as part of my claim?
sounds like a buddy statement+ personal statement
love this guy.....
Good info
No it has always been play off that it was not legitimate when we claim a problem, I once was counseled about a claim and it was very devastating to even talk about , but the councilor had no compassion or empathy
For sure...
No we are NOT GETTING THE BENEFIT OF DOUBT
This information could change the denials that I have had for at least 3 claims maybe more.
Do you guys help people out walking us through the claims process?
Vietnam Marine, flew as door gunner. When I filed my claim for PTSD and other issues, VA gave me 10% for PTSD. On appeal, was sent to a civilian clinic for re-eval. The guy had me start talking and after 15 minutes, folded his notebook and told me to keep talking. After an hour my time ended, he asked me who else knew these facts. I told him other than the VA doctor and him, no one else has ever heard what I said, not even my wife. He told me the VA's 10% was insulting and not to worry. After his report, my PTSD went to 70% rating. Was was really insulting, was I had a guy that worked for me and was in IRAQ, who never left the wire while there, never was shot at, never had other people's blood on him and never watched someone die in front of him, but he got 10% PTSD rating, because while there, he was "scared and missed his girlfriend".......
Claims can be so inconsistent sometimes. I’m glad they didn’t leave you at 10%
@@vaclaimsacademy yes they are, with a new eval, my rating went to 100% in May 2023......then in Sept 23 & getting sent to Environmental due to PACT act, they found out I had lung cancer ( never a smoker) after all exams & scans they took half of my left lung . Filed new claim and got denied because they said it wasn't service connected. Re-filed for Agent Orange exposure & Camp LeJeune water issue. They sent my appeal cross country to Seattle. I got a phone call from the evaluator and he apologized for the 1st appeal failure. He told me that lung cancer and Agent Orange exposure went hand in hand. We talked for about 15 minutes and he told me by end of the day he would be giving me a favorable decision to approve my claim. Week later got a letter from VA reversing "their" error and now waiting for % classification. I've never had a issue with care I've gotten at VA. My problem stems from the "cubicle dwellers" at the VA & Regional office.
Im 100% my life is hell every day i wish i would have never gotten injured evey second good luck my brothers and sisters of service. REMEMBER JESUS LOVES YOU
I’ve had at least 4 claims denied
Heck nah I know I haven’t especially with my shoulder. The VA shot me down simply because my c&p examiner said it wasn’t service connected when I had multiple documents stating it was
Its been going on for Decades....
No they closed my claim sitinng other conditions supposedly existing, but yet in the denial also said that there was a lack of evidence
Where does it say in your descion letter that the denial was close???
Favorable Findings
They will list out sometimes numerous favorable findings that paints the picture of what looks like an approval, then deny the claim.
@vaclaimsacademy that happened to me for fibromalgia. I have unexplain3d muscle pain and digestive issues. But since they dodnt call it fibromalgia they denied it and ignored my unexplained full body muscle pain. Frustrating.
Here's a gap: IF Benefit of the doubt must be declared on a claim, then forms should allow the plaintiffs to have a box to call out statutes they want applied. The fine print has other statutes, but the benefit of the doubt clause is 'assumed' to be part of the process. A lesson we are learning is that if the following statutes are relevant then you will need to include them in your applications and letters; assume VA will play dumb if you don't mention these as needed:
38 C.F.R. § 3.103(a) mandates that the VA ensure fair and efficient processing of claims.
38 U.S.C. § 5103A - Duty to Assist ( ie. SSA Records Retrieval Assistance)
38 U.S.C. § 5107(b) - Benefit of the doubt goes to claimant(plaintiff).
38 U.S.C. § 5110(b)(2) provides for retroactive payments when entitlement has been established but processing has been delayed.
38 C.F.R. § 20.902(c), allows for prioritization in cases of financial hardship or other extenuating circumstances.
--All the best to you. Pro se friend
Do you respond to email questions and if so, what's the address?
i should have taken my time else where than spending my body and time with the navy and should have gone reserves or even national guard. The only time i would think about navy if i can go back in time is reserves since quotas are way damn higher like E-5 for most rates are like 100%. And E-4 in my job was like 12% (active duty quota) like damn i aint trying to make E-7
It's about time something was done concerning all of the reversals..I'm one of those who has been reversed.
I haven't been getting the benefit of the doubt. I get 70% in and nothing in compensation. I was in Tannks on Aircraft carriers, mortars. Feet problems, back ears, nerve
Is thyroid disorder and TMJ can be secondary to tinnitus?
Funny how my wife and I was just talking about this while out shopping today.
I got zero percent service connected for Thyroid. I need help
use Ree Medical. you have to pay for their DBQ... but it is worth every penny of it.
Sheeeeit. From 1994 to 2021 they denied my claim until P&T in 2021..that's a lot of back pay.
Were you able to receive back pay for all those years? My husband is at a 60% rating right now and we filed a request for an increase due to his medical issues 5 months ago. He still hasn't gotten a final decision on his request for an increase. I'm wondering if he'll receive back pay for this when they do approve his increase.
Hello I just seen your most recent video referencing the benefit of the doubt law for VA claims I just recently filed a claim for DIC spousal benefits spousal benefits and I was denied because proof of marital status according to the eligibility I was living with the deceased veteran Anne had a child with the deceased veteran. We were never legally married but we cohabited for about 4 years prior to his death he chose to relocate to his home which is where he deceased I feel that the benefit of the doubt law applies to me please advise please advise
I was in the hospital while in the Navy and it was for a mental illness and I opened my claim once I was discharged and I kept getting denied up until August of 2022 can I get back pay from back in 1992 when I was discharged
Nope and I hope it’s a positive for a vets
With my lay evidence, I would be approved. As it is, there are extenuating circumstances that cause me to be denied. Also my buddy statement covered this situation as well. I would be approved if they took this information into effect because it goes back to a time before my discharge and would have me approved and more than likely at 100%.
I didn't apply for myself when I applied and got approved.
Nice!