Top 7 Reasons Why VA Denies Claims
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- čas přidán 26. 07. 2024
- On this episode of CCK LIVE, our VA disability attorneys break down the most common reasons VA denies veterans' disability claims-- and what veterans can do if their claim was denied for one of these reasons. Tune in to learn more about how to meet the 3 elements of service connection, the importance of attending C&P exams, important deadlines, evidence to help your VA disability compensation claim, and much more.
TABLE OF CONTENTS:
0:00 Introduction
0:55 The Three Elements of VA Service Connection You Must Meet
1:34 Reason #1: VA Says You Lack a Current Disability; Do You Need a Diagnosis?
2:27 What Doesn’t Qualify as a Disability for VA Disability Benefits
2:45 Breaking Down “Current” Disabilities for VA Compensation
3:45 Where We Commonly See VA Say There is a Lack of Disability: Mental Health, Gulf War Illness
5:48 Reason #2: No Proof of In-Service Injury, Illness, or Event
6:45 Exposure is Not a VA Disability (e.g. You Cannot Claim Agent Orange)
8:20 What Can a Veteran Do if They Were Denied Due to Lack of Evidence of an In-Service Event, Injury, or Illness?
10:00 Reason #3: Lack of a Medical Nexus Connecting Your Disability to Military Service
11:20 VA Uses Compensation and Pension (C&P) Exams for Nexus Opinions: How to Fight Back if its Negative
12:10 Reason #4: VA Denies VA Disability Benefits Due to Lack of Evidence
12:30 VA’s Duty to Assist Veterans in Obtaining Evidence to Support Their VA Claims
13:30 Why Increased Rating VA Claims Are Denied and Evidence Needed to Support it
16:12 Why VA May Not Accept Your Private Medical Opinion as Evidence from Your Doctor
18:10 Reason #5: Veteran Missed Their Compensation and Pension (C&P) Exam
19:21 Why VA Might Schedule Veterans for a C&P Exam
19:47 What Can a Veteran Do if They Have Missed Their C&P Examination?
21:11 Reason #6: The Veteran Used the Wrong VA Form
21:47 Example: VA Individual Unemployability (TDIU) Form
22:31 Example: Previously Denied Blue Water Navy Vietnam Veterans & Using the Right Form
24:31 Reason #7: Missed VA Disability Form Deadlines
24:55 Most Important VA Deadlines Veterans Should Know
28:04 Importance of Lay Evidence (such as Buddy Statements) for Your VA Disability Claim
Feel free to ask questions, give us feedback, or request new veterans' law topics below! And don't forget to SUBSCRIBE so you won’t miss future videos. Visit our website at cck-law.com.
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Thanks for the videos so much usable information. I’m going through a reclaim right now to increase my Disability and had my CP mental health exam today. I felt a lot better than the one I did 12 years ago thanks for all your information.
We're so glad the information was able to help you! Best of luck on your claim, Brian
Thank you very much for your time and posting.
i thank you all for what you do!
Thank you for this information; it's very relevant to my situation.
MY NEW DOCTOR PRETTY MUCH TOLD ON HIMSELF WHEN AT FIRST HE SAID HE WOULD HELP ME GET MY DISABILITY AND I SENT HIM ALL OF MY MEDICAL RECORDS BUT NOW
HE MAGICALLY CHANGED HIS MIND BECAUSE HE HAS A FRIEND OR FAMILY MEMBER IN THE APPEALS FIELD SO "HE'S BRAINWASHED" JUST LIKE THE VA DOCTORS THAT TRULY SEE WHAT'S IN MY STMR'S THEY WOULD HAVE TO BE COMPLETELY BLIND NOT TO SEE 3 DISABILITIES, GO AHEAD VA KEEP YOUR GAMES GOING UNTIL I DIE!
You can have a disability which is aggravated by military service. In which is in my case. I was approved by a VA Judge for neuropathy and muscular dystrophy
Thank you. I was looking for this information
What office or specific entity do you request for the development of your claim?
Good video hear is a point that i didn't hear - The VA is going to deny your claim no matter what evidence u have the VA staff work together to deny your claim or claims - At the BVA u want to trigger the reasonable doubt regulation meaning C&P OR VA DOCTOR Give one medical opinion that denies your claim and your doctor's give u a favorable medical opinion to support your claim or claims - that triggers what they call Equipoise - balance of evidence - preponderance of evidence for the veteran and against the veteran meaning 50-50 goes to the veteran thats why u stack the evidences for your claim and make sure your doctor's Nexus statement support your claim/claims -Key on winning your claim evidence to support your claims lay evidence buddy statements from another service member positive Nexus statements from one or more doctors
You are so right I'm going through the same situations with a denial letter stating I don't have a diagnosis when I came out of the gate with a DBQ in the Nexus what's going on with that I think they deceitful. they trying to jerry-rig my claim.
@@cdavid001 indeed veteran if a veteran gets approved its luck or u had the right person rating your claim most don't care about the evidence supporting the claim this is my 9 year fighting them hopefully cck will get my claims approved take care Vet don't give up !!!
Why is it when you move to Florida the VA has a whole totally different and negative view of your injuries? Connecticut VA made me 70% disabled due to their criteria and exams. Florida VA negated all that as I was told that they would do. Injuries I was told would never get better.
I drank while on active duty with a lot of what they called behavior problems while drunk. I no long drink but i recently was awarded 100 percent disability from the va I believe from my behavior while on active duty. I was told that alcoholism is not a disability even if my drinking didn't start until over a year and a half from my active duty date. So I believe my disability is from my behavior while under the influence on active duty.
100% for active duty. I'm missing body parts and was homeless for 8 years. After serving 22, honorable discharge, 4 Iraq's, 4 Afghanis, Bosnia, hondorus, korea. I'm not even 0% according to the va
@@kckillakrack9714 I honestly don't know why, but I wouldn't give up on it. It isn't right what they did to you. I know several vets from vietnam 100% disabled who was homeless for a while,during the mid 1980'S . The only thing is don't give up on it you deserve it.
I was lucky and had copies of portions of my medical file. I tried to get copies of my file and they were burned in a major fire. I was in two different branches and both were burned. KEEP COPIES OF YOUR RECORDS
Still waiting on my decision for sleep apnea secondary to ptsd
50% ptsd service connection
VA sleep apnea administered study
diagnosed with sleep apnea will need cpap
VA outsourced medical doctor ruled in my favor, said he knows there is a connection between the two
C&P examiner said she would send all information after my interview to see how the VA “can help”
probably get denied 🤔
How current does that diagnosis need to be?
Thanks for all this info......VA's job is to deny veterans at any cost.....I went to the VHA the day out of service and never heard back....until I appealed and 38 years later BVA trowed out all decisions and forced a new c&p and approved the claims back dated to 1977 with back pay......so what! I needed the money those 38 years not now.....VA's mission is to deny deny want veterans to die...my case is proof....
@m.l. morgan I know they are dirty but didn't know about hiring people to track vets....can you elaborate on that....i
@m.l. morgan wow....they must have plenty of money to spend...but not for veterans....I have no love for VBA....good luck my friend and be careful out there..and yes they are cowards....
Yes,your so rite about that.
Exactly
Exactly, sometimes the BVA will grant you another injury similar to the you claimed so they won't have to back pay you for years that they owe you, which is BS
Is there a time cut off from the time of exposure to agent orange to the onset of the disability?
@Thomas Conrad The effects of Agent Orange can take time and vary person-to-person. There is no time frame to file for benefits. Hope this helps!
Ive been diagnosed with Sleep Apnea by VA and have tried to claim but keep getting denied. I have had this diesease since before getting out of the Navy in 1984. Im not sure this was even something folks were diagnosed with during this time. Im not sure how to go about getting this connected. My service records do not include this information.
@Ernestkelly, We're sorry to hear you have been having a difficult time with VA. If you are interested in a free consultation to determine if we are able to help you, please reach out to our office at (844) 567-1185.
Use it as a secondary condition if you have a back issue, headaches , sinuses, rhinitis or PSTD.. otherwise it will get denied useless the Army said so. That the only way I got mines was secondary to my back.
Once the VA lied that they sent me a CMP Examination. Stop taking up for the VA in which you are doing.
If a Veteran is filing a VA Claim for Compensation while still in the service, is Service-Connection "PRESUMED" due to filing while in the service?
Also, if a VETERAN gets a records correction from their respective military-service, leading to a disability-retirement, can the VA PRESUME a veteran has service-connection based on the date of the approved records-correction that is back-dated?
@Will Johnson, when applying for service-connected compensation, you must provide a nexus between your military service and your current, diagnosed condition. cck-law.com/veterans-law/what-can-i-do-to-establish-service-connection-for-my-condition/
I was denied of having surgery done on me while in the Army station in Germany. I still go through right now today with swolleness, sourness, sharp pains, so what else can I do? I still have the scar on my breast and going through. I was granted and denied on the same letter and was given 0 percent, dated back to 2014.
I also have been denied benefits for a accident I was in and spent 3 days in a hospital and the VA says they have no records of this. Someone paid the bill and wasn't me!
Does an increase in medication serve as an indicator of severity?
it could ask your doctor
@Phillip Aubin you can file secondary to medication effects...like IBS....etc..
Yes
I did all that you said. The VA uses cut and paste
The thing I don't understand is how does a C & P Exam over ride what the military Medical board say/award or Military LOD?
They just want to deny veteran.. You have an LOD or Medical Board information you should not need a C & P Exam. They work for the VA not the soldier!
Is there a form for an outside doctor to submit regarding a disability to help with adding information regarding an increase disability rating. I have 10% percent now was 20%.
Hello!
This blog from our website may be able to help: cck-law.com/blog/independent-medical-opinions-for-veterans-claims-do-they-help/
Had a cp exam they put it down asbestos and on my files I had it down agent orange so denied cause no boots on ground blue water navy passed will they change my cp exam
did they approve the asbestos? don't give up and appeal..
No I was denied I have soft cell sarcoma took out half a lung and have had a full total layergectomy and heart surgery
@@beckyharris9213 mesothelioma? Is military related, get some legal help....soon
@BeckyHarris, We're sorry to hear that Va denied your claim. If you are interested in a free consultation to determine if we are able to help you, please reach out to our office at
(844) 567-1185
I'm from texas, can you guys help from here or it's more expensive if you are from another state ?
@JoseRamos, We are able to help veterans nationwide. Our office works on a contingency fee basis, which means that we don’t get paid until you get paid. There is no upfront cost and if we are not successful we would not be compensated. If you win a retroactive award of benefits, our fee would be a percentage of that award.
There are many agencies that help veterans with their claims. TVC, DAV, etc. Where in Texas you reside?
What if you got service connected and your husband was getting VA disability hundred percent permanent how did they keep the survivor spouse
I was denied twice on a mental health claim, and sleep apnea. I truly don’t know what else to do.
What did your C and p examiner state? Or was it a good C and P and the va denied you? I'm still waiting for a decision letter on my exam. Thanks
@@shotkrav the c and p examiner stated my issues stemmed things prior to the military service. Still I'm asking a probono lawyer to help me. If not I'm going to have to look elsewhere.
@@EliParker28 Get a buddy letter, three
Hey Omar, what ever happened to your claim?
@@sidneylattimore4577 got denied several times. Right now I’m getting a lawyer to help me, but they are asking me to get a medical nexus letter from the VA. As I’ve asked for this before and got stoned wall, I will likely get stoned wall again from the VA. So that’s where I am now.
What about MST?
Heather Lopez, although we do not cover MST in this video, we have more information here, if you would like to check it out cck-law.com/blog/military-sexual-trauma-mst-how-to-get-service-connection/
I am a Korean war era veteran with heart problems ,I am 87 years old am I too old to file claim?
You are not too old! This blog has more information about filing a claim: cck-law.com/blog/va-claim-process-explained/
Who do I talk to about my issues? I served 24 yrs. retired about 18 yrs ago. Was rated at 80% then upgraded to 90% about 8 or 9 yrs ago. Haven't been able to work for years directly because of my Service injuries. I'm rated 100% through Social Security but not the VA. I would think if I can't work and totally disabled through SS why wouldn't the VA rerate me?
File for Individual Unemployability. Quite a few Veterans are receiving 100% through that issue. I'm fighting for mine now!
File for Individual Unemployability (no age requirement) It will push you to 100% then work on your P&T which should grant you possibly another $400.00 per month. Good luck.
The only way to get the va to listen is a lawyer. Iu is what you need to fule for
@Mr.51Caveman, Thanks for reaching out. If you are looking to file a claim for an increased rating, we recommend working with a Veteran Service Organization (VSO), such as our colleagues at the Disabled American Veterans (DAV). They can be reached at (859) 441-7300
Where are you guys?
@Crystal Flowers, Our office is located in Providence, Rhode Island, however, we are able to help veterans nationwide.
Ship blew up
Ok che que bine
Ok
Mi fro nome for
say umh 1 more time,