Top 5 VA Errors on Veterans' Disability Claims
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- čas přidán 30. 06. 2024
- 0:00 Introduction
0:40 Common VA mistakes on TDIU / VA Unemployability
6:06 Common VA mistakes on Orthopedic Claims
7:52 Common VA mistakes administering VA Exams
10:13 Common VA mistakes with Effective Dates
13:11 Audience Question about multiple conditions rated 10%
15:20 Audience Question: How do I get a copy of my C&P exam notes?
16:40 Common VA mistakes on Mental Health Claims
20:50 Solutions for VA considering age or non-service-connected-conditions, or NOT considering marginal employment
23:04 Solutions for VA only considering objective range of motion in orthopedic claims
24:10 Entitlement to separate ratings
25:09 Solutions for VA exam (C&P exam) errors
26:19 Does there have to be medical treatment in service to get service connection?
27:03 Solutions for effective date error s on TDIU claims or increased rating claims
29:59 Solutions for VA not giving a rationale in medical opinion
30:49 Solutions for mental health errors or requiring a stressor for non-PTSD conditions
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Excellent coverage of these five VA errors. Thank you very much.
Nicholas Briggs, you are the man! You are very knowledgeable my friend. Keep up the outstanding and awesome work!
I was awarded 30% service connected for sinusitis, and denied for a host of other ailments. About two months ago, I was called by VA Reps informing me that I needed to travel to various locations to have tests administered for a physical, and the other was a Tinnitus test. I went and had them done. A few weeks later I was called and told I needed to take a Sleep Apnea Test, which I did for two days at home with a device sent to me from the VA. I received a Civil Preference Letter informing me that I would receive compensation for the 30% Sinusitis , BUT, a few weeks later, my VA Portal was wiped clean....no service connected rating, all of my information from dependents, to bank account information, medical records from various facilities, everything was wiped away. It's like I have to go through this whole process again. Now, I haven't heard anything about the tests I have taken, and what confuses me is, this new portal that I have to input all of the information in, doesn't have any service connected rating, nor the letters informing me of compensation or anything. What is really going on?
I spent 9 days in the hospital was discharged and sent home. I have no memory of any of it. Just seem to have woke up sitting in the mud along the Ohio river in my dress blues with my folder stuffed in my tee shirt. It's been 30 years ,and still don't know what happened. I've finally got the va to get me some psychiatry . I'm being told that the condition listed on my dd214 is entirely incorrect ,and that there is nothing in my record indicating that I ever saw anyone qualified to make such a diagnosis. They're saying I have condition that should have been treated then and is not fixable now because it's to deeply engrained. I've filed for va and SSI . 30 years I've beat myself up for whatever it was that happened. I've neer killed myself working just trying to prove I'm ok. Haven't worked in almost a year now. Guess I'm trying to make up for decades of not taking vacation or holiday time. I'm unpacked and not on the move ,first time since 84. Don't know what I'm trying to say. Something happened ,don't know what it was, and still can't seem to shake it off . Why and how was I discharged and still not remember or have a clear answer. That question still has a strangle hold 30 years later. I'm getting of fighting that battle. I've said all this now maybe I can sleep some.
I'm in the 30 year battle also was medevac back to us after motorcycle hit by bus all records available in foreign language and they wint accept told me to get it translated myself ?Thanks USA
So I recently went for a c&p exam and the examiner asked me have I ever thought of suicide. I told him that the last time I thought about suicide was about a year ago. Is that going to affect my claim? I said a year ago because I didn't want to have any negative consequences if I told him it was a week before.
I filed for my cpap in 2017, even though I had it from the VA since 2012, 2012 should be the start/comp time? Ty
How come the people that are supposed to over see the VA doesn't correct the issues were vet can receive the proper benefit we deserve, why do we have to fight the VA so hard to receive what we are supposed to receive especially when they know it will help us and make our life a little easier?????????!!!!!!!
lol! IKR! Fight the Iraqi's, Fight the Taliban. come home and now fight the V.A.
I went to va for ptsd was diagnosed by the va. Proven service connected .Went to a c&p exam and they said no. Years later , like 10 years go by and was treated for ptsd with meds etc. va institution etc. the same c&p examiner in the first place said oh yes he has ptsd. With the same proof in the beginning . Now I am 100% tdiu service connected .
Asking for a friend.
What if I filed back in 2008 but was unable to make it to any of my appointments do to incarceration. Then I refiled in 2015 after my release from DOC. “What you’ve claimed, gout (claimed as gout bilateral knees) (Increase), sciatic nerve damage (Secondary)”. Are they suppose to pay me from when I filled in 2008 or 2015?
This is so helpful but if you're just starting filing the forms are a nightmare. Is there help for Vets trying to correctly fill out all forms filing for disability. My Veteran is paralyzed from service related back injury, along with 3 more on the Agent Orange presumed illnesses.
I received a service connected disability card back in 1979...I’ve never used or found out anything about..is it still valid...they mistreated a hernia operation 2 weeks prior to discharge..any ideas. Thank you
Kevin Price
How often do you suspect VAROs drag their feet out of spite on Board remands? Is there any remedy?
Are there any remedies for a remanded after ten years
I was told at my C&P exam that if I was having a flare up they had to reschedule my appointment. It seems like they would like to see you on a bad day.
I'm 75 , va said I had lung cancer caused by asbestos in ship I was on, took a lung out. Went thru chemo, thanks to God I'm cancer free, but several sideafects and un able to go back to work, and denied disability and unemployable. Went higher level revuie denied, amvet pushed me under bus. Very upset veteran .
Insofar as an effective date of a claim I have a question... in 1970 I had a surgery for a pilonidal cyst which was of record and acknowledged by the VA as an in service disability. However I was told that other than antibiotics there was nothing that could be done.
At the time of my discharge in 1975, I was not informed about or provided any counseling for services or a discharge physical or VA medical care for my service connected issue.
I have been awarded a 20% service connected disability in February 2022 but was advised that since I was not informed of my options to apply for a service connected disability from date of discharge, (only found out in December 2021) that it is possible to obtain back pay to 1975 during to errors at discharge.
What do you think ?
Should I file an appeal because of error in not considering this information ?
So, I have another question also. I've had back pain since 1983, documented from RAF Bentwaters, finally had surgery in 2016, separated L3 and L4, which pulled spinal cord inside L2 plugging it like acork(ct scan shows this). Would I be compensated form 1983 for the pain? I have all records for 10+ years.
They pay disability if approved from time claim filed. Double check but I am sure.
If you started putting in claims back then and were denied, and now you find new evidence to back up your old claim, they would back date
Great music selection
I have a 10% Disability rating for Tinnitus and 10% for loss of hearing loss. 2 yards ago I was diagnosed with Sickle Cell Disease by the Hematologist at the VA Hospital and the Orthodontist Surgeon suggests that is a possible cause of my bones deterioration in my left shoulder which was replaced 7 years ago and now my left hip was replaced last year at the VA Hospital in
What if you got kneed in the testicle and since active duty, you have been having gross hematuria pain urination blood clots and the VA doesn't want to go above 0 percent because I don't have prostate cancer
71 years old in 1971 was sumerly Medicaly kicked out of the Navy .5 years before my actual commitment of 4 years as a Red toserve and 2 years active extended by the Navy to 3.5 years active, at 30% VA/DOD DISABILITY , still on Crutches , was told I was able to get unemployment . what a joke. I had to wait a month if I wasn't employed The State of Washington would pay $160 a month, if I would submit to re-training, at my time, not paid. I went in to Madigan not sure they had time to work on my festering wounds the ticket I pulled was 200 at 8 am 4 hours later they were on 20, my dad picked me up took me to a docter my mom knew , I have some of the 40+ pieces of Chineese Schrapnel from the mulitble B-40-50 that struck our Gun Boat in Vietnam , I joined the Navy in 1965. I was dropped to 10% 1 year later, flash forward , in 2008 I was diagnosed with Diabetes 2 Privatly my insurance noticed that when I was 21 I had said I was in Vietnam with the Navy, they denighed my claim. What really needs to happen is the VA/DOD NEEDS A HOUSE CLEANING , President Trump drain this swamp!
Can you give your Lay Statement during the C&P Exam.. and are they required to add that to the Record? Also if I have a sharp pain running down my leg when I'm trying to sleep, should I mention that during my C&P exam for my back ?
@kenndeaux317, you can submit a lay statement at the time of your C&P examination or later on during the appeals process. However, it is important to note that the guidelines regarding evidence submission have changed under the new appeals system (Appeals Modernization Act). To learn more about when you can and cannot submit evidence, please visit: cck-law.com/news/veterans-appeals-modernization-act. Additionally, you should be honest about any symptoms you are experiencing during your C&P examination, including pain in your leg.
Fax your Lay statement to VA I tried at C&P exam and the examiner told me that, she did not except the statement.
If you file for a none disabling medical condition. Will that be an automatic non-service connection?
How does SSDI effective date apply to TDIU. I filed my VA claim in April 2010 and was awarded SSDI with an effective date of 5/1/2011. My disability resulting in SSDI is currently under appeal and, if given service connection with an appropriate rating, will qualify me to apply for TDIU. What TDIU effective date should I push for?
Good question.
@vlnvlaplar, for more information regarding SSDI and VA disability benefits, please visit: cck-law.com/news/social-security-disability-vs-va-disability/
Push for the earliest date
The date that you were granted SSDI does not govern effective dates for entitlement to VA benefits. 38 CFR 3.400 is the regulation VA uses to assign effective dates .
How do you establish a disability service-connected? Could this also be the result of an improper discharge?
It seems that to file a claim for compensation "PRESUMES," the veteran has to already have a service-connected disability otherwise the claim gets denied.
@Will Johnson, VA law, will entitle a veteran to an award of service connection if he or she can establish the following:
1. an in-service disability, injury, or incident;
2.a current disability; and,
3. a medical link between the current disability and the in-service event, injury or illness.
For more information on service-connected claims take a look at our blog. cck-law.com/veterans-law/service-connection/
Yes,. But if a veteran was improperly discharged their diagnosed disability will likely not be service connected even though it is. And this can also apply to honorable discharges.
If a disability is diagnosed while on authorized status,. service-connection is already a matter of record and does not need to be proven with a medical opinion.
When filling a claim for compensation,. There is indeed many presumptions that are erroneous.
Great info.. music was slightly distracting
Thank you for watching and we appreciate your feedback!
Lol
I have had back surgery 1 year ago, and received 70 percent. Can I get an upgrade when Doctors state that I cannot bend, down, or sideways because of the screws in my lower back after healing from the surgery ?
If you have 70 percent you should file for 100percent due to unemplyability. I would file and get the DAV TO HELP. MOST VA HOSPITALS HAVE DAV OFFICES. TIM. BLESSINGS.
I've been awarded 30% back in October 2021. I filed for back pay due to CUE from VA CMP exam back in 2014 due to doctors' error within exam process he performed or did not perform. I showed number of errors, to include how after refiling in Oct 18, 2021, and approved less than 18days without having CMP exams. CMP exams were not completed until No 2021. What options would I have related to appeal?
I claimed back problem on 2011 and last month they approved 40% service connected. They gave $ 9000. I already have 90% disability. Is that $9000 correct? I understand that 400% is around $700 monthly.
I just went threw that the doctor just a few questions for about 5 minutes and she was done, when I ask her for a copy of what she was going to write she refuses to give me a copy!!!!!!!!!
If it's a private doc, ask for a copy of your medical records, if C&P exam ask the VA for a copy of the that exam.
Hi my name is Calvin rubiski I have a secondary claim in for tyeah because I had auto scopic surgery done on my right shoulder if I gave them a copy of what the original doctor didoctor Dee how do I get that turned around
Is TDIU considered 100% disabiliy service connection?
How does a remanded claim compare to those five errors
Yo tengo tres condiciones 100 por ciento service conection y tengo 2 dies por ciento pero tengo 4 condiciones mas puedo reclamar sin que me afecte en nada
my Husband is 100% disabled veteran he does not walk, and been trying to get Aid and Attendance since Sept.2017 and is now being sent to be viewed by a Judge. He has MS that only Effects him from the waist down, His serviced connected disabilities are no use of both arms. we have been denied and appealed, now its going to a judge. what now?
The VA screwed me on my effective date and didn't include secondary injury for my initial claim.
tonygreene113 how did they mess up your secondary? I’m about to submit my claim and I have secondary injuries I’ll be filing for on my initial claim. Trying to avoid screw up’s. Thanks in advance
@@adamrothenberg4151 I had a rappelling towet accident where I slammed my shoulder into the ground. Numerouse ortho appts and xrays verified my shoulder was screwed up. They denied my shoulder injury 3 years ago without even giving me a cp exam.
It's 3 yrs later and now that my shoulder is immobile and djd has gotten worse they finally approved my shoulder injury.
@@113tidbits if VA made an error on your effective date, you can file a claim based on a clear and unmistakable error.
@@jevet-lady4308 I already won a CUE for my back condition. Not going to poke tje bear especially since I'm already topped out.
@@113tidbits LOL....I know what you mean but...don't let that stop you. I filed a CUE for a claim the BVA ordered the VARO to adjudicate it was 4 years ago and report to them...Well the RO never adjudicated the specific claim and now waiting to see the response....the original claim as the BVA ruled goes to original day that's 45 years ago...I called BVA and they advised me to file the CUE.....let the fire works begin.....
What if you see ortho for your hip
So if I got sprayed with defoliants. Drink water laced with it. Wear clothes impregnated with it. I am never exposed. I pay for my outpatient services. When I broke my left femur. The wait to repair the previous failed procedures was 30 days
Back ground noise.
Also lawyer and social.workers took my.award.letter stated I never gave. them.anything.what the fuck
Stated I never gave them one liers
Don't trust the lawyer in building 402 west LA liers