STOP! Never Appeal VA Claims In 2024 | Here’s Why

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  • čas přidán 16. 01. 2024
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    In this comprehensive and insightful video guide, Jordan Anderson of VA Claims Academy masterfully demystifies the often complex and misunderstood process of appealing your VA rating. This essential resource is meticulously designed for veterans who find themselves dissatisfied with their current VA rating, facing the challenges of either an outright denial or an underestimation of their deserved rating.
    With a laser-focused approach, Anderson embarks on a journey to educate veterans on "How to Appeal VA Rating" effectively and efficiently. He begins by explaining the common misconceptions surrounding the VA appeals process. Contrary to popular belief, an appeal is not just a simple disagreement with the VA’s decision; it's a comprehensive legal process that, on average, can take an astounding 927 days for a hearing. This revelation is critical for veterans who might mistakenly equate an appeal with a quick resolution to their rating dissatisfaction.
    Anderson then pivots to a more strategic approach, advocating for the use of a supplemental claim, which he likens to a health supplement that fortifies your existing claim. This part of the video is especially crucial as it highlights a more efficient and often overlooked avenue for veterans to pursue in adjusting their VA rating. He emphasizes the importance of the supplemental claim form (20-0995), explaining in detail how it can be a game-changer in the appeals process.
    Furthermore, Anderson addresses a scenario where veterans have submitted all necessary evidence but still find their claim inaccurately assessed. Here, he introduces the concept of a Higher Level Review (HLR), a critical step for veterans confident in their claim but who suspect a misjudgment at the initial VA assessment level. This insight into the HLR process offers a valuable perspective for veterans seeking to navigate the VA system more effectively.
    Legal Disclaimer: This video and its content are provided for educational purposes only. VA Claims Academy emphasizes the importance of honesty and integrity in all dealings with the Department of Veterans Affairs (VA). It is crucial to understand that falsifying information, exaggerating conditions, or providing misleading statements to the VA is not only unethical but also illegal and can have serious legal consequences.

Komentáře • 238

  • @everhappy6312
    @everhappy6312 Před měsícem +22

    As a medical examiner...when I do DBQs I type in this : " Veteran reports..." and write whatever they tell me. I repeat back to the Veteran what they said and ask if they wanted to add more. This way they can't blame the examiner. I do this with everyone I see.

  • @andresluna351
    @andresluna351 Před 6 měsíci +34

    This right here is awesome stuff. This would benefit most veterans fighting and you are giving it for free. Thank you for fighting for our veterans, f the haters!

  • @fftb8442
    @fftb8442 Před 6 měsíci +10

    Just got denied a claim and this helped out a lot! Thank you!

  • @FT365Veterans
    @FT365Veterans Před 17 dny +1

    Good information. Thanks for serving our veterans!

  • @Bowman666
    @Bowman666 Před 6 měsíci +12

    Appreciate your work brother.

  • @dannym5047
    @dannym5047 Před 23 hodinami

    Thank you, was just about to file an appeal - glad to subscribe to you

  • @coreygamble1478
    @coreygamble1478 Před 4 měsíci +1

    Thanks my brother for such awesome knowledge. Listen to this man my fellow Vets because he knows what he is talking about and because of his teaching I was able to get 💯 P&T and didn't spend a penny just educated myself. Thanks again your knowledge is greatly appreciated.

  • @ice-cold8827
    @ice-cold8827 Před 6 měsíci +7

    Great information as always.have you ever done a video on the right way to ask for increases on already serviced connected issues?

  • @dporter7065
    @dporter7065 Před 5 měsíci

    Thanks for that information on retrieving old DBQs. I don't recall doing this when I submitted my claim. At the end of a 2013 appeal now waiting (new court date) to get my lunch handed to me again. Didn't attend C&P and missed the PS deadline. Was looking to service my sleep apnea.

  • @cgibson7295
    @cgibson7295 Před 6 měsíci +3

    I like your style thanks for the information. Now I need to figure out how to file a FOIA.

  • @carlbeal3007
    @carlbeal3007 Před 6 měsíci +3

    Outstanding Jordan. Love this video

  • @williest1
    @williest1 Před 6 měsíci +5

    Your info has been INVALUABLE!

  • @gtoexpress8111
    @gtoexpress8111 Před 6 měsíci +10

    Good video for veterans that filed when the new system came out - Jordan i submitted a personal statement with the same evidence that the examiner used the evidence showed the VA that the examiner opinion was inadequate the examiner was a VA examiner not a contractor so no fioa was needed you see the exam online 30 days after the exam i was lucky because the rater hadn't made a decision on the 3 issues the evidence was so powerful VA had no choice but to reschedule new exams they did i went and payed for two nexus statements and one DBQ so i cancelled two of the exams and kept 1 with a Ves examiner i bringing all the evidence for my secondary claim for radicopathy - Love your videos as usual Sir - So educational and helpful !!!

  • @hectorrios5036
    @hectorrios5036 Před 6 měsíci

    Great Videos as always!!!! Keep up the great work!!! US ARMY 1975-1979 ERA....

  • @mylifesuarez
    @mylifesuarez Před 6 měsíci

    Thank you so much for your information

  • @insanepsycho2224
    @insanepsycho2224 Před 2 měsíci

    Saving this info for later doing an increase claim

  • @silentrudy9779
    @silentrudy9779 Před 5 měsíci +3

    Heads up for people submitting supplementals. I submitted at the end of November for a single issue claim and it has been sitting in PFD since December 6th. When the VA says that it will take roughly 125 days, they are not kidding

    • @OCHOCINCO98
      @OCHOCINCO98 Před měsícem

      any updates? did you claim percentage jump up/get approved?

  • @moparheatman
    @moparheatman Před 6 měsíci +1

    Thanks Jordan

  • @markanderson9586
    @markanderson9586 Před 6 měsíci +7

    I had someone help me with filling my claim and he had me go in to my exams from everything from both knees , migraines , low back, sinusitis, sleep apnea, anxiety which I do have, sinusitis. And told me we wait to see what is approved before giving them a Nexus or anything. I was only approved for Allergic Rhinitis and Tinnitus. Now he is wanting to do appeals . I watch you and others for educational reasons and I feel that with me having Tinnitus I could say my depression or anxiety could be connected to that some how. I tried telling him appeals is not the way, but... The only claims granted is Tinnitus and Allergic Rhinitis with a total of 20 % 10 for each. Sorry for long text, just concerned and confused. Thank you for listening.

    • @vaclaimsacademy
      @vaclaimsacademy  Před 6 měsíci +8

      Is he a lawyer who gets paid the most money by putting you through a multi year appeal process then taking a percentage of the massive back pay check? 🤔

    • @timmiller745
      @timmiller745 Před 4 měsíci +1

      There's a road to 100% thru chronic sinusitis and tinnitus. Headaches, sleep apena, anxiety. Shit the list goes on and on. You should be able to win by filing secondary on the two conditions you did get rated for.

    • @GeraldVonWolfgang
      @GeraldVonWolfgang Před 3 měsíci

      Supplemental is the road for sure…

  • @jefferybuchan4235
    @jefferybuchan4235 Před 6 měsíci +1

    good information to have.

  • @charleslong3290
    @charleslong3290 Před 4 měsíci +1

    Very good information sir! I just received a decision on a claim that went back to 17. The problem is I am the one that has been waiting all that time not, but I certainly understand why someone would use a law firm. In my case I didnt fully understand how things worked and to top it off, the law firm did help with getting the disabilities service connected. Now I had the issues and the connection but they were able to bring it all together when I couldnt. But you are absolutely right in most cases, the vet should do it themselves and do a supplemental claim. I no kidding just did my second supplemental yesterday. I forgot to include my migraine log, but instead of filing right away, I built up a log that went on for a year and submitted the log and my veterans statement.Thanks for the solid video, keep up the great content!

  • @classifiedsincebirth
    @classifiedsincebirth Před 2 měsíci +1

    I filed an appeal on claims. The Appellant court ruled in my favor years later. I still don't trust raters and even HLR's to decide my future. I filed my FOIA for C&P exams and still waiting months later for them to send it

    • @valvixenvlog3013
      @valvixenvlog3013 Před 2 měsíci

      Do you mind telling me the process of how you appealed ? I am in the process of trying to understand what route to take. I was sexually assaulted and was referred to the med board to get discharged to find out they didn’t mention anything about the sexual assault in my file and they said I have BPD but word for word on the paper work it says ‘also referred to as ptsd, anxiety, and depression.’ But they didn’t rate those 3 things as separate things they only said BPD & gave me 30%, they also got my active duty days wrong, they said I served 5 months when I served 5 years.

  • @ZonaJim
    @ZonaJim Před měsícem

    Wish I'd seen this a couple years ago. I was denied on a claim two years ago, and I'm still waiting for my appeal.

  • @jasondiaz8792
    @jasondiaz8792 Před 6 měsíci +1

    Thank you sir 🫡

  • @Bargar78
    @Bargar78 Před 2 měsíci

    Only if I knew that in 2013!!!!! I waited 6.5 years on an Appeal! For a VA COURT DATE! From 2013-2019! I won but it was a long agonizing ROAD! I hope others take heed to this! He is 100% spot on!

    • @vaclaimsacademy
      @vaclaimsacademy  Před 2 měsíci

      Ah, I’m sorry to hear that but hopefully you at least got a favorable decision in the end. Cheers!

  • @mp7235
    @mp7235 Před 6 měsíci +1

    Good to know thank you for this info!

  • @coreygamble1478
    @coreygamble1478 Před 6 měsíci

    I really enjoy and appreciate your knowledge you are sharing with your fellow Vets.. I have a question for you or anyone who might can help. I just got my decision on my High level review because I had appealed the first decision. Now it was for my claims for the Pac Act and last year they sent me a letter about it would take maybe 4 months for a decision and on the paperwork was effective date 8/10/22 when Bill was signed but now I got a better rating first thing I noticed was effective date was 9/5/23 so over a year error. Now how do I appeal this error because I am under payed on my retro back pay? Thanks for any help.

  • @Johnnyclip
    @Johnnyclip Před 6 měsíci +12

    I was just awarded 50% for anxiety and smc k for ED after getting an IMO. I filed chronic kidney disease, sleep apnea and gout along with the claim as secondary conditions to anxiety and was denied those conditions even though I have a diagnosis and was given an at least as likely than not by va c&p examiner. nine months later the Va had me take another c&p exam for the same secondary conditions with another va c&p examiner and that one said least likely than not. What gives, first va examiner says yes and then nine months later the second va examiner says no

    • @Rshen11
      @Rshen11 Před 6 měsíci +1

      They send you more C&P exams to develop negative evidence..happend to me in my supplemental recently.. I wish i didn't go..and just tell them to rate based off the evidence of record....i have another supplemental I just submitted for different condition.. I'm not going to another c& p if they ask

    • @Johnnyclip
      @Johnnyclip Před 6 měsíci +1

      @Rshen11 I filed a HLR and waiting now. The positive c&p is in my evidence section on the rating decision with at least as likely than not.

    • @ByronBradfordRealty
      @ByronBradfordRealty Před 6 měsíci +16

      It's sad that the people who were prepared to die for this country are treated this way 💔

    • @Rshen11
      @Rshen11 Před 6 měsíci +1

      @bulls321 HLR most of the time turns into a duty to assit.. but you do got a postive c and p.. i wouldn't go to another one.. if you can avoid it

    • @Rshen11
      @Rshen11 Před 6 měsíci +1

      @bulls321 in just did a c&p for an ankle increase.. denied.. examiner didn't do any measurements.. so I went to the VA podiatrist to take the measurements.. and it's in my favor.. and i submitted a Supplemental.. that should be e ought evidence.. I'm not going to another c&p so the NP can write another bs exam

  • @Spazilton1
    @Spazilton1 Před 6 měsíci +1

    I'm waiting on BVA appeal. I had a clear develop to deny. 1st exam they sent me to at QTC service connected my migraines. 12 Days later I get sent to ANOTHER exam at the VA hospital and they used her report to deny me. I do federal workman's comp and we would be slapped down hard on a remand for being adversarial like this.

    • @vaclaimsacademy
      @vaclaimsacademy  Před 6 měsíci

      Ah the dreaded second exam, sorry to hear about that my friend

  • @domirican81
    @domirican81 Před měsícem

    My last supp claim just got me to 90%. I’m holding off on anymore claims and working with a vet disability rep who will have me visit docs outside of the claims process to provide additional evidence. Hoping to get to 100% and finally finish this process 😖

  • @RG-hz9ci
    @RG-hz9ci Před 3 měsíci +1

    One thing you need to know is if/when you file a supplemental claim, more than likely, it will reset your intent to file date to the day you submit the supplemental claim. So if you think you have 12 months of back pay coming because your intent to file was submitted 12 months ago, you just lost it all. trust me, losing $34K is a hard pill to swallow.

  • @jsco2289
    @jsco2289 Před 6 měsíci +1

    I agree. I did all these steps and won a back date to my original claim. How they avoiding paying me back pay is rating it lower. So, now only option is an Appeal.

    • @copiouscat
      @copiouscat Před 6 měsíci

      Did tou have to redo c&p exams?

    • @jsco2289
      @jsco2289 Před 5 měsíci +2

      @@copiouscat yes lol. Several times. They requested 3 times during the process for a medical review to QTC. It was like saying are you sure he has it ?? Its crazy.

    • @johncole3010
      @johncole3010 Před 3 měsíci

      I went through the same. Three months of C&P exams with overlapping DBQ’s and I get denied for melanoma skin cancer but approved for other claims. I’m on hold again for one condition that disappeared initially and was suddenly added back on. I most recently drove 90 miles to a vacated VES office for that and still I pray for closure. It’s a slow process.

  • @acharpentierd1
    @acharpentierd1 Před 3 měsíci

    Good thing I did it last year

  • @ogdreams
    @ogdreams Před 6 měsíci

    Another great video!
    If I have a claim currently in the appeal process can I file completely separate new claims while still waiting on the appeal one?
    Thanks!

    • @vaclaimsacademy
      @vaclaimsacademy  Před 6 měsíci

      I would recommend checking with your later team to ensure you are not interfering with the appeal in progress first

  • @matthewronson5218
    @matthewronson5218 Před 6 měsíci +1

    Filing an appeal is the absolute last resort, then stand by to wait years for any resolution, is my understanding before listening more than a minute.
    I wonder what the options are, if any, after an appeal is denied?

  • @krizash
    @krizash Před 5 měsíci +2

    I just got denied despite having a letter from a va appointed therapist saying I have the exact thing I'm asking for compensation about and it's stemming from my tinnitus. I sent a letter from my gf while it was still being reviewed and I even freaking cried at my c&p exam. I didn't send a personal statement because I didn't know I could. I figured what I told my examiner would cover that. I feel so hopeless right now. All I know is I'm going to a vba office soon to get a copy of the exam/notes the examiner took but other than that I'm lost.

    • @herringbone5035
      @herringbone5035 Před 3 měsíci +1

      I could have written this myself, personally.
      FTVA

  • @HeyJaredHowYaDoin
    @HeyJaredHowYaDoin Před 6 měsíci +1

    Jordan,
    Thanks for rhe video! I just finished my C&P for mental health during my BDD process. I seoarate may of this year..just saw the DBQ today, and there was a large chunk of information and symptoms not captured. It seemed like the examiner didnt go off of the DBQ, and when i brought up at the end how a lot of my notes weren't talked about, she danced around it and ended the exam regardless. Do i have any options here?
    Thanks for all of the content, your channel is a gold mine.

    • @vaclaimsacademy
      @vaclaimsacademy  Před 6 měsíci +2

      Filing for an increase of this one comes back unfavorable would be the route to go. Unfortunately there isn’t much accountability for bad examiners

    • @HeyJaredHowYaDoin
      @HeyJaredHowYaDoin Před 6 měsíci

      Thank you, basically have to wait until after I separate to see the rating and go from there then, huh.

  • @Ljcast956
    @Ljcast956 Před 6 měsíci +2

    Suffered from shin splints in the service…. Got treated for it once. Never bitched about complained about it again( Marines suck it up) even though my legs hurt like hell after every run and hump . They’ve never healed and since I hadn’t complained about it enough there’s no “continuity”. So that claim was rejected because it’s not service connected. Now my DR is trying to or is service connect it by diagnosing both legs. Right now it’s still within the 1 yr appeal timeframe. Should i do supplemental Appeal or wait til November and file again? Thank you for everything you do.

    • @vaclaimsacademy
      @vaclaimsacademy  Před 6 měsíci

      It sounds like a nexus letter would really help you. I would contact your lawyers and ask them if you can reinforce the evidence by uploading a signed nexus letter

  • @rondouglas5147
    @rondouglas5147 Před 3 měsíci

    Did the appeal rout on a 2011 claim where the C&P exam was a piece of crap. Went through the DAV for assistance so no legal fees. Finally about 2015 I mgotmy one upgrade and two additions. The only goog thing was that the pay was retro active to 2011.

  • @retrobros9684
    @retrobros9684 Před 6 měsíci

    Respect

  • @nickjohnson6368
    @nickjohnson6368 Před 6 měsíci +1

    You're a smooth cat Jordan, lookin' good!

  • @rosemarieheidel9055
    @rosemarieheidel9055 Před 8 dny

    What do I do now? I have been rushed through by the VA admin and got 7 of my claims denied. The VA assistant then asked if I wanted to file a HLR Because I didn’t have the records anymore. And then told me to fill out a personal and any buddy statement review. So since I don’t know and understand the process I trusted him and said yes. That was last week, this week another man at the same office sees me to add my dependents and tells me he used to be an adjudicator and I should not have filed a HLR but a supplemental form like you said here..
    Anyway as per the first man I have myself, brother and husband writing supporting statements for the conditions since they knew me. But I’m not sure if those will matter since I can not submit anymore evidence. Can I tell the board that I was wrongly guided and should have been told to fill out supplemental To have them cancel the HLR?

  • @4Zaire4
    @4Zaire4 Před 5 měsíci

    How many times can you do a supplemental claim and does the backpay start from the first supplemental claim started or most recent? Thank you.

  • @tomasmrod
    @tomasmrod Před 4 měsíci

    I was granted service connection for migraines, but they gave me 0% rating due to “less frequent attacks” - the DBQ was filled out incorrectly. My submitted evidence from the military and VA contradicts very clearly this rating. Do I file a supplemental claim with a new DBQ, an HLR with current evidence, or a 21-526ez for rating increase since I’m already service connected?

  • @willieharvey9100
    @willieharvey9100 Před 4 měsíci +1

    I was rated 0% for meniere syndrome through the supplemental claim. I appealed to board and was granted 30% I was still underrated. Can I submit new evidence and DBQ and go through supplemental level to preserve my effective date. I need 50% to get to 100

  • @SPL0869
    @SPL0869 Před 5 měsíci

    Twice I’ve been denied for sleep apnea. Second time I had a nexus letter. What can I do now?

  • @army96261
    @army96261 Před 3 měsíci

    I have so many questions and I need help.
    #1. I filed for TDIU in 2017, was denied, appealed with help of vfw idk if it was supplemental or hlr or whatever but was denied again. I hired a lawyer in 2021 and submitted appeal to the board and had my hearing last year. Now, I think this one should be close to a decision maybe within 1 year so nothing I can do except accept my mistake and give the 20%. Thankfully it's just 20 and not 33.
    #2. I have other claims that my lawyer had me appeal and I wonder if they get paid if I win my TDIU before the claims are decided. I already have a SC nephropathy that's 30% but should be 60% based on va nephrologist notes so my lawyer had me submit appeal not supplemental which I believe is what should've been done. This was 3 years ago now and I'm still waiting for me hearing. Do you have any suggestion? If my TDIU claim gets approved before they decide on my nephropathy would they be entitled to any back pay since I would already be 100%?
    #3 I put in a claim for chronic sinusitis and was denied because they said I wasn't diagnosed within 10 years even though I was and unfortunately it was about 2 months before the pact act. So from my understanding, the pact act gets rid of the 10 year rule correct? So I could either do supplemental or hlr right? This was just last year so should I withdraw my appeal and submit a hlr or supplemental? How does that work if it's beyond the 1 year decision time? Anyway, even with 50% for sinusitis I would remain 90% overall because I'm currently 85% and that would put me at like 92%.
    #4. I'm getting ready to submit claims for migraines and chronic fatigue syndrome which I just got diagnosed with and my doctor completed both dbqs for me. I need guidance on what to include to make a strong claim that won't get denied. This would be presumptive based on pact act for cfs and I'm not sure about the migraines because people say they can't be presumptive but it says on va other unknown or unexplained illnesses such as headaches. Should I submit migraines as presumptive or secondary to PTSD?
    #5 I have more but this is already long enough and idk if anyone will even answer lol. Thanks.

  • @gealgain2420
    @gealgain2420 Před 3 měsíci

    Ok, so I just got back my rating and it was low, but not because I wasn't disabled, but for some reason they didn't regard my NGB 22 as a proof of service in the national guard. I was AGR, never had a gap in service. My letter said that it's not service related because they can't see I was serving. How would I go about this appeal?

  • @jasonsantana6749
    @jasonsantana6749 Před 6 měsíci +1

    If you did appeal can you redact the appeal to submit a supplemental claim?

  • @tomtaylor3134
    @tomtaylor3134 Před 6 měsíci +1

    Let's work together on a few things.

  • @ohioflips5570
    @ohioflips5570 Před 23 dny

    I gave proof dbq Nexus letter That my migraines, we're prostrating happening 2/4 times a month. My boss sent a letter informing that. I've missed work due to headaches. I had to go to see a neurologist because of the headaches. Everything pointed towards a 50% rating. But I only got a 30% rating. I believe it's under. Rated. I don't know what to do at this point. All my symptoms point towards a 50% rating. What next step should I take? I like to get that bumped up to 50%. Or I think it should be. Thank you for your help. I appreciate you

  • @blakesimpson5377
    @blakesimpson5377 Před 5 měsíci

    If I filed 5 claims in one submission and I got my rating and I feel like one of the things was rated incorrectly, does a HLR re-examine all the things I filed for or just the one thing I don't agree is correct? Do I run the risk of getting rated lower than what I currently am?

  • @Lambag-Daniel
    @Lambag-Daniel Před 4 měsíci

    Can I do a supplemental if I've already been denied for service connection? I recently got my hands on my Service treatment records and I had my back looked at while I was in, but I wanna make sure I do it right

  • @attackfalcon
    @attackfalcon Před 5 měsíci +21

    Here are the tips from the "Never Appeal VA Claims In 2024 " video.
    * Do not appeal your VA claim. Appealing your claim is a trap that many people fall into. The appeals process is a legal process that takes an average of 927 days for a hearing, and you could lose a third of your back pay.
    * Instead of appealing, submit a supplemental claim. A supplemental claim is a way to strengthen your claim by adding new evidence, such as a personal statement or a Nexus letter.
    * If you have submitted all of your evidence and the VA still got it wrong, you can escalate to a Higher-Level Review (HLR). An HLR is when a new reviewer looks at your claim as is, without any new evidence.
    * Before you file an HLR, you should submit a Freedom of Information Act (FOIA) request to get a copy of your Compensation and Pension (C&P) exam. This will help you determine if the DBQ was filled out correctly.
    * If you have a bad DBQ, you do not want to file an HLR. Instead, you should file a supplemental claim or a new claim altogether.
    By following these tips, you can save yourself time and money in the VA claims process.
    I hope this is helpful!

  • @ianmichaelcrossan9970
    @ianmichaelcrossan9970 Před 13 dny

    How about for us dependents that got denied for Retroactive pay?

  • @joeltorresgonzalez
    @joeltorresgonzalez Před měsícem

    U should told me 5 years ago 😮
    On February I got 0 percent on migraine and right now I'm waiting fir the higher rewiew😢

  • @chrisvarva5821
    @chrisvarva5821 Před 6 měsíci

    When the Va site says 150 days to process. Does that start when you file your intent or after completion of all C&P exams?

  • @waynegodwin6297
    @waynegodwin6297 Před 5 měsíci

    I was denied my claim in 2022 what do I need to do to to resolve my issue do I need to resubmit it I would rather you help me to do what ever I half to do

  • @johnnyc5587
    @johnnyc5587 Před měsícem

    I have a question. I am currently rated for a few things and among my rated conditions is Tinnitus, Insomnia, Hyperacusis, hearing loss and Depression. I was just recently denied for Migraines as secondary to Tinnitus. I had 2 Nexus letters , a diagnosis and my C&P examiner said I had Migraines that are directly connected to Tinnitus. The rater denied me because in his/her words they said there is conflicting evidence that Migraines can be caused or connected to Tinnitus. My VSO was shakey and said "Oh you cant connect migraines to Tinnitus". I was like "well you shouldve told me that . What should I do ??? There seems to be something dishonest going on. The rater is not educated on this matter and shouldve considered the totallity of my conditions and connected them to all of them . Please I need guidance. Thank you

  • @juliehallisey
    @juliehallisey Před 6 měsíci

    But if you do this and don't appeal, will you lose the backpay? I'm going on month 14 of my original claim. It sat in review and wasn't touched once from June 24th 2023 to Jan 17th 2024. If I get a denial and don't do an appeal but rather a supplemental or HLR or new claim...would I get the 14+ months of backpay when properly awarded?

  • @corybenson7083
    @corybenson7083 Před 3 měsíci

    If I file a Supplemental Claim for a secondary disability (Sleep Apnea) that I filed as primary claim in 2007 but was denied, if I win will I receive retroactive pay starting from 2007?
    Thanks for the great information

  • @divinoguiang9203
    @divinoguiang9203 Před 2 měsíci

    What if I wanted to ask for an SMC-K benefits for being awarded a zero rating for ED, can I use a Supplemental Claim? Thank you very much

  • @MM-sq5pf
    @MM-sq5pf Před 2 měsíci

    What do you mean file a new claim altogether? I filed a migraine secondary claim to tinnitus, denied I then became service-connected for tmjd which feels this may be the main cause of my migraines, how do I make a claim for my migraines now? Please help

  • @AnthonySdp
    @AnthonySdp Před 5 měsíci

    Where dobi file the foia? Is it through the vba or where?

  • @donnedski3167
    @donnedski3167 Před měsícem

    Currently 10% for tinnitus. Question - if I file for other conditions can/will the VA reevaluate my current award and possibly reduce it?

  • @newellmaxwell1598
    @newellmaxwell1598 Před 6 měsíci

    Can this is just for veterans or what can a widow do on a claim being denied

  • @TrueTrife
    @TrueTrife Před 6 měsíci +9

    Dude this video literally just put me at ease, because I was stressing over where I needed to start with a denial I had for a single symptom.
    Looked at your vids and I feel equipped and ready to go forward with a supplemental (I forgot to add a personal statement/buddy letters the first time I filed).

  • @adordelossantos3958
    @adordelossantos3958 Před měsícem

    I filed a supplemental claim for my denied "SINUSITIS" and did another "C&P" exam and this time the VA approved 50% but there is NO COMPENSATION. I understand if it's zero (O) but with 50% I don't understand how they totaled the rating to zero compensation. Do you have an explanation for this?

  • @jslade60
    @jslade60 Před 4 měsíci

    I'm already disabled through social security. Would it help have a copy of my award letter at my C&P exam?

  • @shoutouttomypeoples538
    @shoutouttomypeoples538 Před 3 měsíci

    How long does the FOIA request take on average though? I submitted one back in november before my actual decision. I just received my decision yesterday

  • @kishkin8743
    @kishkin8743 Před 6 měsíci +46

    NEVER do a fredom of information act request because your medical evidence becomes public. Go to your VBA regional office and their public contact division and have your DBQs printed and given to you same day.

    • @adamcalica8337
      @adamcalica8337 Před 6 měsíci +3

      What?!!? Negative. Duh.

    • @canguskahn
      @canguskahn Před 6 měsíci

      I'd think depending how far you are in the process that thing is going to be huge plus I hear it can take up to a year to receive. Better off just requesting specific DBQs that negatively impacted your outcome. Between checking my healthvet to ensure my provider is putting in the correct stuff we discussed during appointments to getting specific DBQs to rebuttal a denial should help win your claim.

    • @copiouscat
      @copiouscat Před 6 měsíci

      DBQs are also hiding in plain sight Tricare online! On the médical records tab. 🫡

    • @panamacitybeachbum
      @panamacitybeachbum Před 6 měsíci +3

      If you want your VA claims file, submit a Privacy Act request, not a FOIA request.

    • @adamcalica8337
      @adamcalica8337 Před 6 měsíci +5

      Heads up, I submitted an FOIA and received my documents and it took about 8 months. Luckily I requested the documents right after submitting my claim. I got everything I asked for. Also, your healthcare info is protected. In my experience (Healthcare Investigations) with medical records the VA is the most difficult to obtain information from that is not your own.

  • @user-mw4zr3re9o
    @user-mw4zr3re9o Před 5 měsíci

    Is is worth filing a claim for something you were diagnosed with after you received P&T?

  • @timmiller745
    @timmiller745 Před 4 měsíci

    Filed a supplemental claim in November. Its been stuck in decision phase for 3 months now. A service request was filed last week to find out what's the hold up on making the decision. Hopefully I will be hearing something soon

  • @VeteransBenefits666
    @VeteransBenefits666 Před 2 měsíci +1

    support senator Elizabeth Warren efforts to fix the VA's claims process.

  • @marcusxavier4436
    @marcusxavier4436 Před 5 měsíci

    I disagreed with my CMP psychologist I got a second opinion and we appealed was that the right call? Also how long is that taking on avg now?

  • @teaaet1
    @teaaet1 Před 5 měsíci

    The FOIA request works for C&P exams as well. Unfortunately there is a de facto element to how things really work also. I have gotten C&P exam copies via FOIA request, but there's others they never sent me after submitting a FOIA request. The VA makes decisions only for the benefit of the VA.

  • @jbeard82
    @jbeard82 Před měsícem

    My c&p examiner said it wasn't likely that my injury occurred while in service. But my Dr and the NEXUS he wrote says otherwise. I haven't gotten a rating yet though. What's the likely hood of me still actually getting a rating? I was told 9 out of 10 times they side with the examiner. If so then I guess I already know my answer. :(

  • @user-os4sq3qb6p
    @user-os4sq3qb6p Před 6 měsíci

    I was granted PTSD earlier effective date but bba politician using claim for political purposes..got to show criminal activity

  • @mistahmanners9594
    @mistahmanners9594 Před 6 měsíci +2

    Question, I file for sleep apnea secondary to PTSD (obesity). I was denied. I got a Nexus letter and file for a supplemental claim. I submitted it in September, and now it is in Appeal detail. Is that the normal processing of supplemental claims. According to the videos, I don’t want to APPEAL my claim. It will take up to 900 days for a review. Could you please assist. Thank you

    • @vaclaimsacademy
      @vaclaimsacademy  Před 6 měsíci +2

      I would wait on that final decision then potentially get a new nexus letter from another doctor in your state

  • @kmsled64
    @kmsled64 Před měsícem

    i disagreed with my outcome because i was never given the cmp exam.

  • @User-pb8pd
    @User-pb8pd Před 5 měsíci

    Just had 5 HLR at once, all denied. Better to do supplimentals as he says. Sucks to be me.

  • @jmc6185
    @jmc6185 Před měsícem

    My hlr was denied

  • @user-lw7ro1qe4j
    @user-lw7ro1qe4j Před 6 měsíci +1

    Thank you all your great advice going through this now needing to get a Nexus. Can you direct me to your info on Nexus. Thank you

    • @vaclaimsacademy
      @vaclaimsacademy  Před 6 měsíci +1

      Detailed nexus letter is on the way soon but there’s plenty of great videos on that from others.
      If you have a private doctor who is willing to sign one for you, I recommend that route

    • @user-lw7ro1qe4j
      @user-lw7ro1qe4j Před 6 měsíci

      Ok thank you my brotha.

  • @leemchorse991
    @leemchorse991 Před 11 dny

    What would be the next step taken if my Supplement Claim was denied?

  • @3plusme3
    @3plusme3 Před měsícem

    If an appeal has already been started can I go back and file a supplemental claim?

  • @phototec
    @phototec Před 6 měsíci +9

    I appreciate your video, however after watching it I am TOTALLY confused. You said #1 DON"T APPEAL, #2 DO SUPPLEMENT + HLR, then later in the video you said NOT to file a HLR because you can't add any additional information. So, after being denied, can you file a TOTALLY NEW claim starting all over for the same disability? I hope you can clarify this for me, Thanks

    • @MrRickonia
      @MrRickonia Před 5 měsíci +2

      Good catch...also, did he mention that filing a totally new claim will wipe out the accrued retroactive pay when you eventually win? That's correct, right?

  • @cesargonzales7234
    @cesargonzales7234 Před 2 měsíci

    If I was giving an insomnia rating 2022 at 50 percent and now I am putting for mental health and other claims, can they remove my insomnia now that they count for insomnia?

  • @jessiejames5762
    @jessiejames5762 Před 5 měsíci

    What is you've already appealed, can you just start a new claim for that issue?

  • @1stnamebr406
    @1stnamebr406 Před 6 měsíci +2

    I'm new 100% P&T. However, I was denied an increase for PTSD because the decision letter said I had no PTSD diagnosis on my DBQ, although listed 3 times on the DBQ. Do I take it to an HLR or leave it be at this point.

    • @Broommaker19
      @Broommaker19 Před 5 měsíci

      Before any C&P exam, where did your established service connection for MH come from and why are you trying to get an increase? It's assumed you know you can't increase any granted service connected condition without additional medical documentation from treatment records. It sounds like you're trying to get s.c. solely from a DBQ without a diagnosis from your medical history. Did you turn in copies of your treatment records with your claim when you filed your claim ?

    • @1stnamebr406
      @1stnamebr406 Před 5 měsíci

      @@Broommaker19 Huh? I'm already service-connected for PTSD and put in for an increase. The DECISION LETTER said my DBQ had no PTSD diagnosis. PTSD was listed 3 times on my DBQ. All you need to know was from my first comment.

  • @TheRealSlimshadyyyyyy
    @TheRealSlimshadyyyyyy Před 29 dny

    So if your claim fails due to a bad C & P exam, you can just re-file and start again on the same disability if need be?

  • @markanderson9586
    @markanderson9586 Před 6 měsíci

    No, I did pay him 500, nothing outrageous, but if a he was to need to do more he would get another 500. He was recommended by someone that knew others that did a good job. I just feel he is not open to other options. I feel I know so much more than he does, since I research and watch several others on CZcams. He did tell me up front He can get me a Nexus for my anxiety, but he wanted to wait and see if I he see if I get approved first to save me from paying for the Nexus letter. Thank You !!

    • @markanderson9586
      @markanderson9586 Před 6 měsíci +1

      Oh andy Last name is Anderson, small world. I actually went through American Legion ,y good friend help me submit my intent to file. Only reason I went with the gentleman on submitting my claims is I tried myself, but my anxiety is so bad I need someone to be with me and fill it all out in person.

  • @austinharris7761
    @austinharris7761 Před 6 měsíci +2

    Weird question. I got lower back on my first claim. I am trying to get it raised this time around. But im starting to have numbness in my arms. How do i get upper back service connected

    • @vaclaimsacademy
      @vaclaimsacademy  Před 6 měsíci

      The VA will likely want to see if you have thoracic or cervical pain to consider adding your upper extremities numbness and tingling

    • @timothytaylor8431
      @timothytaylor8431 Před 6 měsíci

      Sounds as if you need to see a chiropractor for that numbness and tingling. It appears that you have a sciatic generated nerve irritation. Good luck! 😇🙏🏾

  • @azimuthbusinesscenter
    @azimuthbusinesscenter Před 5 měsíci

    I need help with a Tort Claim

  • @philnleblanc6664
    @philnleblanc6664 Před měsícem

    Ehh, I can’t speak for everyone but I filed an appeal and it was handled in 2 months. Went from 90 to 100. I initially filed in July 2023 and got my 90% in January 2024. Appealed shortly after and got my 100% in March 2024. Didn’t have to pay anyone either.

  • @FeelLikePac
    @FeelLikePac Před 5 měsíci +1

    This makes 6yrs waiting for my appeal and been through all hell. Lawyer has me feeling like she wants to drag it out

    • @vouub352
      @vouub352 Před 4 měsíci +1

      Exactly. My lawyer now has twice waited until day 360 or something like that to submit information.

    • @FeelLikePac
      @FeelLikePac Před 4 měsíci

      @@vouub352 the whole system is broken and diabolical

    • @LuisRodriguez-vk2ym
      @LuisRodriguez-vk2ym Před 4 měsíci +1

      mine too over 5 years, and i did a HLR and it took me about 5 months for another claims

    • @RonniewbNC
      @RonniewbNC Před 4 měsíci +2

      IMO attorneys benefit from appeals taking several years. The longer the appeal takes, assuming you win, the more back pay money you…and *your attorney* will receive.

  • @Carlos-vp2bm
    @Carlos-vp2bm Před 6 měsíci +1

    Can i start a new claim for sleep apnea secondary to allergic rhinitis even though i have a claim at the VBA for sleep apnea secondary to ptsd?

    • @xassiel
      @xassiel Před 4 měsíci

      Wondering this my self

    • @Carlos-vp2bm
      @Carlos-vp2bm Před 4 měsíci +1

      No one can answer this for me

    • @sunnindawg
      @sunnindawg Před 3 měsíci

      I filed OSA secondary to rated Tinnitus and Rhinitis and was denied. Best path is secondary to mental meds.

  • @jingham2654
    @jingham2654 Před 15 dny

    If I can't add new evidence to a HLR then do I just file for another increase since it was denied? My C&P examiner did not list my symptoms properly.
    Thank you

    • @jingham2654
      @jingham2654 Před 15 dny

      I watched again and I found out my answer, thank you!

  • @FloresJonners
    @FloresJonners Před 5 měsíci

    Good afternoon, I appealed four outcomes of denial in 2019, I was awarded 100p&t in 2021, they finally made a decision on my 2019 appeals by a judge, will there be back pay? if so, how far back?

    • @LuisRodriguez-vk2ym
      @LuisRodriguez-vk2ym Před 4 měsíci

      yes, you will get back paid from the time they received your notice of disagreement, up to the effective date of you becoming 100%p/t...i'm on the same boat, i became 100 p/t in 2022, but i just got granted an increase from when i appeal in 2019 all the way to 2022 when i became
      100 %

  • @fullyotto31
    @fullyotto31 Před 6 měsíci

    I filed a FOIA last Nov 18th. It has been held at evidence gathering since Nov 24. What can I do to hurry this along?

    • @vaclaimsacademy
      @vaclaimsacademy  Před 6 měsíci +3

      Be a squeaky wheel by calling them for status updates but that’s about it

    • @TC.....
      @TC..... Před 6 měsíci +1

      download the va claim tracker chrome extension

  • @nightkids29
    @nightkids29 Před 6 měsíci

    I filed all my staff at 2023, i m still waitimg for c&p, will it affect me?