I was injured in 1980 and didn't start working on my claim until 2017. I got 10% in 2018, after dealing with numerous VSOs I started working on my own claim and now I have been granted 100% with SMC and I was also awarded SSDI. Keep up your good work by sharing these valuable videos.
I was injured summer 69 in a live fire training accident with explosives working a mortar pit. Hearing loss and ringing in the ears. Hearing came back but ringing(tinnitus)stayed. You were told do not complain it will affect your career. No one ever explained what to do. I researched after the pact act and found out about (not from the VA or VSO) what a disability was. I now know from people like you about all the things i should be claiming. OSA, Insomnia, combat PTSD and others. I am 75 and just getting started. Granted hypertension 10%, tinnitus 10%.
In a CUE (clear unmistakable error) claim the VA’s duty to assist goes away and the VA takes an adversarial stance against your claim. My CUE claim took 5 years to overturn a 35 year old VA decision that said my condition was not service connected. I’m now rated at 80% disabled and 100% TDIU. I received 35 years of back pay. The VA was less than helpful.
@@cachua9773 In 1978 I was medically discharged and kept my copies of the Air Force’s Medical Evaluation Board and Physical Evaluation Board reports. I filed a VA claim when I was discharged but was denied. The VA never had me take a C&P exam so the only medical evidence available was via the military. In 2014 I requested a copy of my claim file from the VA and was told it would take 3 years to get it from the Oakland Regional Office. I told this to my Senator’s office, they contacted Oakland RO, I got the claim copy two weeks later. Strangely, the VA’s copy of the MEB report had a check mark in the YES box of the question, THE CONDITION IS PERMANENT AND CAUSED OR AGGRAVATED BY SERVICE Y/N, whereas my copy of the MEB had no check mark in Yes or No! This was a crucial piece of information to support my CUE claim. The YES mark showed the VA had proof in 1978 my claimed condition was service connected…yet they denied service connection. You don’t know what evidence the VA has for or against you unless you get a copy of your claim file. All the evidence I needed was in my original claim file but the VA misread what the MEB’s examining doctor said…and denied my claim. Every time I disputed the denial they said I didn’t have any new evidence so they denied my claim again. It finally took submitting my claim to the Board of Veterans Appeals where judges evaluate your claim to get my CUE claim approved. In my claim to the BVA I pointed out the VA had denied my original claim but failed to cite what medical evidence (or lack thereof) was used to decide the claim as required by law. (CFR 38) They said the VA’s original denial was wrong because the MEB and PEB reports both showed my condition was service connected and there was no other evidence to dispute that finding. From 2014 it took 5 years to get my CUE claim for service connection approved. Oakland VA then rated me 0% disabled! It took another year to get that increased to 80% and a few more weeks to get 100% TDIU. 6 years altogether to overturn VA’s denial of 30+ years ago. The DAV and county VSO really had no clue how to pursue a CUE claim-which is the hardest type of claim to win-so I did it myself and won…it can be done.
Thank you for the pep talk and getting us ready for the nightmare of dealing with the VA (Viperous Aggrevators). Buddy statements are proving very tough for me to obtain. "Morning Reports" after attacks are also not available for 1969-1970 4th Infantry Division.
I was awarded 20% for Diabetes from Agent Orange 50 years later. It took the VA seven months to decide in my favor. They would schedule A C&P Exam and then cancel it and they did it three times. Twenty years ago I was diagnosed with OSA at the VA and have had five sleep studies and several surgeries and still have severe sleep apnea. I've applied for OSA VA benefits because I had allergy problems and had deviated septum surgery in Heidelberg Germany but from be out so long I think my chances are slim. Appreciate the videos you guys produce.
@@sargentking2436 I fought the VA on my own for 30 plus years, work with a company who helps veterans with their claims. In less than four months, I was at 70%. I am now working with a law firm to try and get TDIU.
@235cacti: Hope you got help 2 years ago and pursued compelling medical evidence overturning "bad c&p examiner." Now I recognize they are all hired for one purpose: support denying a Claim or if too obvious (like amputation) to rate 20-100% below an honest evaluation.
A 30 year old claim; how about a 50 year old claim like a Vietnam vet claiming illness back in 1970 due to agent orange knowing that it will be denied. Could you continually appeal any claim indefinitely? With the Pact Act, agent orange was approved. Does it mean that the Vietnam Vet can get backpay from 1970?
Reach out to your Senator and Congressional representative. I filed for my records and after 14 months I got no response. I contacted my Senator and two weeks later I started getting receipts records mailed to me until I received what I was for. looking for
I applied for PTSD following Combat when I retired in Nov 12...they denied and noted I had an Anxiety Disorder - Unspecified - Active" (no compensation) under "Disabilities" (VA Website) until I finally got a 70% PTSD/combat rating on Sep 22. Between those dates, over the years, I've be diagnosed by the VA with Depression, Anxiety, Adjustment Disorder and MDD. My question is, now that I'm 100% T&P, should I try and fight for more backpay? I heard it's better to not claim ANYTHING once you are 100% T&P due that the will review all of your claims and you might get downgraded...but ten years of retro at 100% vs the 80% I previously was looks tasty.
I have a question my name is Daryl I served from 1978 to 1982 two months prior to my discharge I was involved in a hit and run were I was taken to a hospital and treated .. I have the police report but the hospital or the navy can't find any medical. I also have a copy of my exit physical report saying that I was fine when discharged but here's the funny part it was filled out a month after I was discharged from the service and was over 700 miles away can you help
The VA denied me SC for Bipolar Disorder in 2008. The EVIDENCE USED: VA Form 119 VCAA Development Letter Response to VCAA Development Letter Service Treatment Records Service treatment records are negative for bipolar disorder or any other psychiatric condition. In 2020 I was granted SC for Bipolar Disorder Based on the Same Service treatment records. I was not given a C&P Exam This time they found a Stressor in my Service treatment records. Is this considered a CUE to change the Effective date back to 2008 since the same Service Treatment Records were used to grant SC?
Hi, my brother put in for PTSD about 30 years back and turned him down because he didn't have enough proof. I was wondering if he put in for it again would the V.A. pay him all that back pay? Thank you!
I am not a VSO nor lawyer. My impression the answer is "no." I was denied PTSD in 2004, but I had a lazy and ignorant VSO. VA refused to even send me to their whore doctor! Now I have learned what the BVA must consider, and have made it my life's great crusade to spend whatever time I have left pursuing the bastards at VA ("Viperous Aggrevators!")
Buddy statements from 1966 seriously? Just started fighting the VA on 2011 and was told my records burned in 1973,only to find out during a QVC requested exam that the doctor went online and found some records. Per the doctor "" VA employees are lazy. Don't give up !!!!
Hill and Ponton was my representation with my VA appeal and claims sense 2017. Lack of communication Constant lawyer changes Illegal fees charged to veterens I recommend trying other resources . She comes off as nice but her office is incompetent.
I was injured in 1980 and didn't start working on my claim until 2017. I got 10% in 2018, after dealing with numerous VSOs I started working on my own claim and now I have been granted 100% with SMC and I was also awarded SSDI. Keep up your good work by sharing these valuable videos.
I was injured summer 69 in a live fire training accident with explosives working a mortar pit. Hearing loss and ringing in the ears. Hearing came back but ringing(tinnitus)stayed. You were told do not complain it will affect your career. No one ever explained what to do. I researched after the pact act and found out about (not from the VA or VSO) what a disability was. I now know from people like you about all the things i should be claiming. OSA, Insomnia, combat PTSD and others. I am 75 and just getting started. Granted hypertension 10%, tinnitus 10%.
I'm thankful for all you've done. I feel I'm in capable and ethical hands.
I left in 1991, and filed in 2018. Was fortunate and they service connected all my injuries. It’s all about medical evidence and treatment records.
Wow!
In a CUE (clear unmistakable error) claim the VA’s duty to assist goes away and the VA takes an adversarial stance against your claim. My CUE claim took 5 years to overturn a 35 year old VA decision that said my condition was not service connected. I’m now rated at 80% disabled and 100% TDIU. I received 35 years of back pay. The VA was less than helpful.
How did you obtain your medical records and diagnosis from that far back is the biggest issue
@@cachua9773 In 1978 I was medically discharged and kept my copies of the Air Force’s Medical Evaluation Board and Physical Evaluation Board reports. I filed a VA claim when I was discharged but was denied. The VA never had me take a C&P exam so the only medical evidence available was via the military.
In 2014 I requested a copy of my claim file from the VA and was told it would take 3 years to get it from the Oakland Regional Office. I told this to my Senator’s office, they contacted Oakland RO, I got the claim copy two weeks later. Strangely, the VA’s copy of the MEB report had a check mark in the YES box of the question, THE CONDITION IS PERMANENT AND CAUSED OR AGGRAVATED BY SERVICE Y/N, whereas my copy of the MEB had no check mark in Yes or No! This was a crucial piece of information to support my CUE claim. The YES mark showed the VA had proof in 1978 my claimed condition was service connected…yet they denied service connection.
You don’t know what evidence the VA has for or against you unless you get a copy of your claim file. All the evidence I needed was in my original claim file but the VA misread what the MEB’s examining doctor said…and denied my claim. Every time I disputed the denial they said I didn’t have any new evidence so they denied my claim again. It finally took submitting my claim to the Board of Veterans Appeals where judges evaluate your claim to get my CUE claim approved. In my claim to the BVA I pointed out the VA had denied my original claim but failed to cite what medical evidence (or lack thereof) was used to decide the claim as required by law. (CFR 38) They said the VA’s original denial was wrong because the MEB and PEB reports both showed my condition was service connected and there was no other evidence to dispute that finding.
From 2014 it took 5 years to get my CUE claim for service connection approved. Oakland VA then rated me 0% disabled! It took another year to get that increased to 80% and a few more weeks to get 100% TDIU. 6 years altogether to overturn VA’s denial of 30+ years ago.
The DAV and county VSO really had no clue how to pursue a CUE claim-which is the hardest type of claim to win-so I did it myself and won…it can be done.
Thank you for the pep talk and getting us ready for the nightmare of dealing with the VA (Viperous Aggrevators). Buddy statements are proving very tough for me to obtain. "Morning Reports" after attacks are also not available for 1969-1970 4th Infantry Division.
Mine isn't that old yet, but it's already in your capable hands.
Thank you! I look forward to working with y'all on my 29 yr CUE claim.
Injured 1973. Filed 2008. Won 7 out of 7 issues. Lawyers can be very helpful when working a cold case. If you have evidence you can win.
I was awarded 20% for Diabetes from Agent Orange 50 years later. It took the VA seven months to decide in my favor. They would schedule A C&P Exam and then cancel it and they did it three times. Twenty years ago I was diagnosed with OSA at the VA and have had five sleep studies and several surgeries and still have severe sleep apnea. I've applied for OSA VA benefits because I had allergy problems and had deviated septum surgery in Heidelberg Germany but from be out so long I think my chances are slim. Appreciate the videos you guys produce.
Dont ever give up. that's what they want you to do. Fight Fight Fight. Do you have an Update on your case? Let me know.
Lawyer up
Wow, that’s thought provoking! It’s been over 40 years, now it sounds like I shouldn’t even try. 😢
That is what I am dealing with, 30yrs.
did they denied you
@@sargentking2436 I fought the VA on my own for 30 plus years, work with a company who helps veterans with their claims. In less than four months, I was at 70%. I am now working with a law firm to try and get TDIU.
I had a really bad c&p examiner, and a friend had a same person. Same results how can I go about to compliant on this examiner ?
@235cacti: Hope you got help 2 years ago and pursued compelling medical evidence overturning "bad c&p examiner." Now I recognize they are all hired for one purpose: support denying a Claim or if too obvious (like amputation) to rate 20-100% below an honest evaluation.
A 30 year old claim; how about a 50 year old claim like a Vietnam vet claiming illness back in 1970 due to agent orange knowing that it will be denied. Could you continually appeal any claim indefinitely? With the Pact Act, agent orange was approved. Does it mean that the Vietnam Vet can get backpay from 1970?
do you need a DD214 hard copy - thing is i dont have mine - i called and emailed the archives in St Louis no luck - help any suggestions
Reach out to your Senator and Congressional representative. I filed for my records and after 14 months I got no response. I contacted my Senator and two weeks later I started getting receipts records mailed to me until I received what I was for. looking for
I applied for PTSD following Combat when I retired in Nov 12...they denied and noted I had an Anxiety Disorder - Unspecified - Active" (no compensation) under "Disabilities" (VA Website) until I finally got a 70% PTSD/combat rating on Sep 22. Between those dates, over the years, I've be diagnosed by the VA with Depression, Anxiety, Adjustment Disorder and MDD. My question is, now that I'm 100% T&P, should I try and fight for more backpay? I heard it's better to not claim ANYTHING once you are 100% T&P due that the will review all of your claims and you might get downgraded...but ten years of retro at 100% vs the 80% I previously was looks tasty.
BTW, all of my previous claims were considered not service connected...
I need your help.
Please help me.
Thank you
I have a question my name is Daryl I served from 1978 to 1982 two months prior to my discharge I was involved in a hit and run were I was taken to a hospital and treated .. I have the police report but the hospital or the navy can't find any medical. I also have a copy of my exit physical report saying that I was fine when discharged but here's the funny part it was filled out a month after I was discharged from the service and was over 700 miles away can you help
The VA denied me SC for Bipolar Disorder in 2008.
The EVIDENCE USED: VA Form 119
VCAA Development Letter
Response to VCAA Development Letter
Service Treatment Records
Service treatment records are negative for bipolar disorder or any other psychiatric condition.
In 2020 I was granted SC for Bipolar Disorder Based on the Same Service treatment records.
I was not given a C&P Exam
This time they found a Stressor in my Service treatment records.
Is this considered a CUE to change the Effective date back to 2008 since the same Service Treatment Records were used to grant SC?
I’m still trying but it’s so discouraging especially when the seem to completely ignore the evidence
Hi, my brother put in for PTSD about 30 years back and turned him down because he didn't have enough proof. I was wondering if he put in for it again would the V.A. pay him all that back pay? Thank you!
I am not a VSO nor lawyer. My impression the answer is "no." I was denied PTSD in 2004, but I had a lazy and ignorant VSO. VA refused to even send me to their whore doctor! Now I have learned what the BVA must consider, and have made it my life's great crusade to spend whatever time I have left pursuing the bastards at VA ("Viperous Aggrevators!")
You try to give the video more brightness it will be great if you do
What if I don't have a buddy that I served with to corroborate my claim and I don't know where they are?
Im filing a cue now
How about 50 years ago???
Me 40 years ago. I think we’re screwed.
Me 49 years ago, have comp and pen next month
Buddy statements from 1966 seriously? Just started fighting the VA on 2011 and was told my records burned in 1973,only to find out during a QVC requested exam that the doctor went online and found some records. Per the doctor "" VA employees are lazy. Don't give up !!!!
Hill and Ponton was my representation with my VA appeal and claims sense 2017.
Lack of communication
Constant lawyer changes
Illegal fees charged to veterens
I recommend trying other resources . She comes off as nice but her office is incompetent.
Brye brye aye aye en dah haus Auf das licht du hast mich gefract un ich hab nicht gesacht superstar hizzey is