How Veterans Increase From 90% To The Infamous 100% VA Disability Rating
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- čas přidán 13. 03. 2024
- 🩺 NEXUS LETTERS:
MENTAL HEALTH
Dr. Prashant Sharma - Psychiatrist
📧 Email: prashant.sharma2@concisepsych.com
MUSCULOSKELETAL
Dr. Rachna Patel - Physician
📧 Email: nexusletterdoc@gmail.com
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www.concisepsych.com/a/214784...
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- Clay
Clay when is your next live Q/A? I have questions bud
Laughed out loud at "... if you submit without evidence you're stupid..."
Excellent video, thanks for sharing.
Should be my new tagline
- Clay
Filed for increase and 4 secondaries at the end of Jan 2024. Just got my decision letter for 100% P&T 03/08/3034. I was 190% doing VA math with all my disabilities. I guess pushing over 200% is what gives you 100%. DDD, spinal stenosis, sacroiliitis, an increase to bilateral sciatica radicupathy and an increase to my lower lumbar strain unfavorable ankylosis.
The only reason I got this was because I requested my C-file to see what I'm actually I'm diagnosed with. I asked a VA nurse what my conditions were called and she said she couldn't give that info out without getting fired. She said to go to the VA administration and file for a FOIA for my C-File. I had diagnosis' that I had no idea I had so I was going to file 5 at a time.
Why can't a VA nurse tell a veteran what their conditions are called? That sounds sketchy to me, if VA medical health professionals are told to withhold information from veterans, and make them dig for it themselves. If they are in fact being told to do that, it has got to have come from the VBA, and would show that VBA's duty to assist is convoluted in it's actual practice. IMHO
“3034”…This man is from the future lmao
Got to 90%. And am exhausted with the process. It’s gonna take time for me to get to 100. But I will get there eventually with my conditions getting worse. Working on nailing down my migraines now with VA neurologist, looks like cervogenic (referred pains) neck condition is the cause.
First... just a profound THANK YOU for all the information you've shared. Between you and your partners on CZcams... I just went from 30% to 90%. I focused exactly on what you've taught. The in-service event... got to the VAMC & documented/documented/documented all conditions direct or associated... and established a nexus wherever possible. I believe that a very focused & detailed Personal Statement for each condition (primary or secondary) made a HUGE difference as well. Now the push for 100% P&T! Thank you so much again for all the input.
I love it, straight to the point. Thanks Clay!
90% here. During my Navy service, I did not go to medical checkups every time I got injured or hurt, I just "sucked it up" out of fear of being discharged, due to ignorance and also being kept in the dark. It all started in boot camp where I heard that if you have an injury or hurt yourself, keep it quiet or the Navy will kick you out, so that's what I did all 4 years of being in the Navy. I got 90% all through C&P exams because the examiners saw that I was actually disabled. Guess I'm lucky that I have examiners who know what they're doing.
Clear and concise!
Thank you for being a member!!!
- Clay
Clay, I was just denied for GERD secondary to my prescription NSAID use. I use NSAIDS due to my knees, back, and neck. Which I am service connected for. I have had a GERD diagnosis for years! I have used NSAIDS for years to control my pain and inflammation. I had the medical evidence, I also had a Nexus letter from my VA physician. I know that this cause my issues, and they pulled a fast one on me because they scheduled and ACE exam and doctor never called me! And I know there are questions on there that they could not answer without asking me directly. I really need to know how to handle this please, should I do a supplemental? Should I do an HLR? What do you personally think? Any help would be appreciated. I am at 93% and need 20% to get to 100. Please help me If you can.
@@michaelerickson3626 I have GERD, but not yet claimed. My Dr. told me that NSAIDS don't cause GERD. However, I've got a couple of studies that indicate otherwise:
1. Scarpignato C, Hunt RH. Nonsteroidal antiinflammatory durg - related injury to the gastrointestinal tract: clinical picture, pathogenesis, and prevention. Gastroenterol Clin North Am. 2010 Set;39(3):433-64. doi: 10.1016/j.gtc.2010.08.009.
2. Singh G. Gastrointestinal complications of prescription and over-the-counter nonsteroidal anti-inflammatory drugs: a view from ARAMIS database. Arthritis, Rheumatism, and Aging Medical Information System. Am J Ther. 2000 Mar:7(2):115-21. doi: 10.1097/000
Rationale: NSAIDS can increase stomach acid production, decrease the production of prostaglandins which protect the stomach lining, and impair the ability of the lower esophageal sphincter (the muscle between the esophagus and stomach) to prevent backflow of stomach acid, all of which can lead to GERD or exacerbate its symptoms{1}
In fact, long - term or heavy use of NSAIDS, expecially those who are older or who have a history of peptic ulcers, can lead to a variety of gastrointestinal issues, including inflammation, ulcers, bleeding, and perforation of the stomach or intestine.{2}
@@shepatown thanks for that! I know NSAIDS caused this condition. I just know it..guess not sure which way to go with this? Should I do a supplemental? I don’t know what to do with this…thanks for that information. Appreciate it.
@@michaelerickson3626 I just added that info at the end of my 21-4138 personal statement in support of claim for GERD. I'm not ready to hit send yet due to pending claims.
I havent got my decision for my claim yet, but VERA let me see my last CNP DBQ for it yesterday. The doctor gave me a very positive medical opinion. I think the key is is to be honest with these people. They do this for a living. You just got to be honest about how your condition affects you in totality. I even told mine that my biggest fear was my condition progressing and me ending up not being able to work and becoming yet another homeless veteran.
Agreed…evidence from service absolutely helps the nexus
- Clay
What’s VERA?
@@justadadwholikesgaming5524 Its basically your VA regional office I think. You can book an appointment with them then go in there and ask them some questions about your claim. I dont think it speeds up your claim conclusion tho but at least they can give you some indications on how the claim might play out.
I’m considering supplemental on a previous denial of OSA. Have daig and VA said I did have in service event.
Now SC for Rhinitis and Emphysema through Pact act. Might try secondary to correlation factors.
Submitted my claim for Sleep apnea secondary to sinorhinitis. VA scheduled me for an appointment with a company called QTC next week...wish me luck
Wishing you the best!
- Clay
QUESTION for Clay (Semper Fi) - if during a claim where there are two-parts C&P, for like Migraines +Vertigo (documented in-service w/ LOD + ongoing treatment), then next being (awaiting scheduling) for Hearing Loss + Tinnitus (also in-service diag)......but thus far, within the VA site Claims Tracking site , you notice the files naming-convention from the C&P examiner saved DBQ as..."fullydevelopedclaim" - is that a good clue?
How do you get the current diagnosis? I mention headache when I have sinus issues but they just diagnosis it as chronic sinusitis. It's noted that I mention headaches, but they never mention it.
I think I heard my name when you said “Stupid.”
Weird, that’s my name, too 😂
- Clay
Do the letters from family members clergy and chaplains need to be signed or do contact information just need to be listed on the supporting letters?
I made a stupid claim without evidence and was denied asthma related to PACT act however a service nexus was identified just lacking a diagnosis. A couple months later I have been diagnosed with chronic bronchitis do I need to refile a separate claim or does this count as a supplemental claim for asthma denial?
I was told when doing a BDD claim that the C&P exam was medical evidence and any medical conditions reported within a year of getting out were assumed to be service related. Here’s to hoping that was true.
Not quite but that’s the gist. There are some conditions if diagnosed within 1yr are presumptive but every claim still requires the Big 3. Now if a Veteran has only been out for less than 1yr the nexus is generally ‘easier’ to establish versus a Veteran who’s been out for 20yrs.
- Clay
I've filed for my medical records since I do not have them. Navy 99-2004. However, I submitted submitted claims, which I do have current diagnosis and evidence. Some of the Incidences need to be verified that only the raider is going to know, when they have to find out is what my v s o officer said. I did 3 Gulf Deployments (Westpacs) and 1 South pac(drug opps)
When you say gather the evidence, if seeing a VA doctor that information is in my records shouldn't that be what is needed or am I needing to do something else. I'm 78 Nan Vet @ 80% and just requested an increase and other secondly conditions but all from the VA systems where I am being seen for all my problems five different doctors and clinics also using a Fl VSO at the VA. After watching your video today you're scaring me not you're doing but my lack of the VA claims system.
Can anyone tell me if I am 80s rounded to 90 or sitting at 93 rounded down to 90? I have tried several calculators but they show different numbers. Thanks
Lumbar strain - 10%
Cervical strain with degenerative change at C4 and C5 - 10%
Left shoulder tendinitis - 10%
Right shoulder tendinitis - 10%
Right wrist ganglion cyst - 10%
Tinnitus - 10%
Bilateral planter fasciitis with heel spurs/flat feet - 50%
Left lower radiculopathy - 20%
Right lower radiculopathy - 10%
Total 90%
Thank you Clay. Would you please discuss the way the VBA rates secondary conditions that become aggravated by the primary? For example, existing IBS aggravated by PTSD where IBS might have qualified for 10% but now resembles 30%. Not sure if I’m fully understanding the VA math. Will the VBA say your current symptoms equal 30 but we see you had symptoms more like a 10, so we’re subtracting the 10? Since they don’t offer a 20 for IBS, does the vet end up with a 10? 🤷♀️🤦♀️
Mental health outside of being the primary disability has 0 bearing on how IBS or any other secondary is rated. Once a secondary is deemed service-connected, then that ‘new’ condition is rated as if it were direct. Based on 38 CRR for that condition and symptom severity.
- Clay
Hey Clay! Thanks for another great video. What does it mean when referring to my service connected PTSD, The rater states: we have reviewed your records and they suggest you may be entitled to an additional benefit. If you want to file a claim for increase of PTSD, use form bla-bla-bla… Thanks again
Does that mean I should file for an increase right away and I have a chance of it being granted?
Got 10% for tinnitus. I can’t sleep for years cause of the ringing in the ears all night. Now my mental health is suffering. Saw a psychiatrist last week and scored high for depression, anxiety and moderate for PTSD. Wana claim mental health issues as secondary to tinnitus. Who gives me the NEXUS letter? The psychiatrist? My primary VA doctor? Please help.
I filed for bronchitis under the pact act and they did say service related but gave me a zero. I had my medical records from my primary saying chronic bronchitis but still got a fat zero!
Yeah, so you had the dx. What do your symptoms say?
- Clay
Chronic bronchitis early stage copd
Symptoms of chronic cough, wheezing, etc
I have 10% gastrointestinal disease service connected Desert Storm. I was diagnosed with IBS 10 years ago in private sector. I have a referral to see a gastroenterologist due to continued stomach problems. If I get diagnosed with IBS then all I need to do is submit the diagnoses in a new claim under the pact act? If this is the case I can go to my VSO if needed
You could but something you gotta factor in are the changes to GERD/IBS found here: czcams.com/video/Vw-u6RJfaf8/video.htmlsi=MOKKyVhbkyczztgN
- Clay
You talk about Nexus Letter Needs on your site. My son paid for a Nexus Letter for PTSD and at his C&P the doctor wrote that the veteran looks to have been coached. He was denied or PTSD.
Exactly, it's not as simple as it sounds or should be.
I have 1,000,000 questions on this one
- Clay
I believe these C&P examiners can really hurt us veterans, even with the right kinds of evidence, since I believe some of the examiners are biased against veterans, for whatever reason. Of course us veterans are coached, if we find someone that is VA certified to help us properly or we don't, since the VBA isn't going to help us, and though it can be done, it's very difficult for most of us veterans to navigate the VBA's convoluted process all on our own. I hope your son sticks with it, is able to find the right kind of help in his claims process, and his next C&P examiner doesn't write their negative biased opinion about the claims process, especially having never served and dealing with all the crap veterans dealt with while in service.
Can you tell me how long a nexus letter is good for?
Sounds so easy but it's not...even if you have all the things you spoke of, it doesn't mean you will be serviced connected...it depends on who looks at your file and if they are sympathetic to us veterans...in my opinion of course.
Have you been hearing Vets being denied for presumptive PACT act respiratory conditions due to having admitted to tobacco use in their former treatment records? I’ve heard this from a few separate people this has happened to. Wondering if you’ve been hearing it also? Bronchitis and Asthma were both denied due to their tobacco use.
I have yet to see a denial when the veteran had a dx for a presumptive condition
- Clay
@@TheCivDiv that’s really encouraging, thank you! I have documented tobacco use in my medical records and hearing other people denied their presumptive respiratory conditions (with current diagnosis/all other criteria met otherwise) due to their tobacco use had me a little paranoid. Thank you for the reassurance
whats considered sufficient evidence for making claims; is sick call slips and copy of medical records enough
I have a denied tinnitus claim, Favorible findings is a current diagnoses and a qualifying event, injury or disease during service for onset of tinnitus. What am I missing? Is it the nexus that is missing?
Yeah you’re missing the nexus. In your decision letter it say that you denied having ringing in your ears? If so, HLR.
- Clay
Can you do a video for dependent back pay? Does the VA pay on the date you submitted the claim or when the child was born. I filed 4 years later after my child was born for not having SSN.
A dependent claim is just like any other claim with the ITF.
- Clay
Thanks for that Video! I was denied GERD secondary to prescription NSAID use for knee, back, and service connection. I had a GERD DX for years now, had a NEXUS letter from my VA physician, and medical evidence of my GERD and GERD symptoms. I was set up for Denial I believe because they scheduled and ACE exam instead of a in person C&P exam. There are questions on the DBQ that they answered without asking me, that needed to be answered by me. No phone call. What do I do here? I have no in service event for GERD, but I was making this secondary to my prescription Motrin I have taken for years. It’s the only thing that helps my pain, really. Do you have any advice? I know NSAIDS long term caused this and I am not sure how to prove it, but this seems rational to realize. I need help on how to navigate this. Because I thought for sure this would be like realistic. Especially with all the medical evidence. I would really like to know If you think I should pursue this? And how to navigate it. Thanks a lot.
Sounds like a pretty clear HLR
- Clay
@@TheCivDiv thanks Clay!
When doing increase for ptsd is there more than one buddy letter form if so which one
10210
- Clay
Why do so many say read your Drs Prognosis sheets and find the codes for it well I've looked through more than 2,000 sheets and could not find a single code but sent for my rating decision sheet and boom their they were. Also their is no place to put codes on the ez form.
Search for SCT and ICD in your records.
- Clay
Question regarding OSA:
I filed a supplemental claim a few weeks ago. If the changes are made to the rating criteria BEFORE my claim is decided, then will it be rated under the old or new criteria for OSA?
There isn’t any new criteria OSA just proposed. Meaning you’ll only be rated off of the current schedule.
- Clay
@@TheCivDiv I meant IF the proposed criteria is implemented before my rating decision is made
I just got diagnosed with IBS. I served in the Marine Corp from 18-22. Would I be awarded IBS under the pact act? I went on a deployment to Australia in 19 but the rest of the time I was in Camp Pendleton.
Based on this comment and where you’ve been, it do NOT rate PACT Act.
- Clay
Just because you were in the military, you don't automatically qualify for the PACT ACT. The PACT ACT has a certain set of countries and a few US duty stations.
The stupid whip!!!😂😂😂😂
If VA dr prescribes medicine - is this a current diagnosis? I.E. high blood pressure pills and sumatriptin or whatever for migraines
It’ll come as an SCT code and for VA rating purposes that is ‘enough’ evidence to be diagnosed.
- Clay
@@TheCivDivHey Clay,
Spot on as usual! I've think that I've heard you briefly mention STC codes on both your channel and the Jay and Clay channel. In my Blue Button medical record, I've noticed that my primary care and VA ER visits, assessments, evaluations, and diagnosis are always updated, however, the SCT codes are not. I'm not sure if its an optional or mandated action for VA Doctors. I have tons of treatments and diagnosis that are clearly notated; yet it's a hit or miss with them adding or updating the SCT codes. In fact, one of my SCT codes currently displays "active" treatment from 1998. Go figure!
I think that I recall you suggesting how important SCT codes are for rating purposes. Do you think that it would be wise to ask our VA primary care and VA ER doctors to add or update the codes during each visit?
Also please consider a deep dive discussion about SCT codes and how they impact rating decisions in a "Clay" or "Jay and Clay" video.
Dan you claim pact act IBS if you’re already rated for gerd? I also have rhinits I never claimed. The Va sent me a letter saying I could be eligible becuse of a deployment.
You could but 9/10 times I’d only go for it if your IBS rating would be higher than your rating for GERD. IBS is 10/30%…also, keep track of changes coming down for GI.
- Clay
@@TheCivDiv great willl do. I’m rated at 30 now for the Gerd. Rhinitis was all in my military health record. I made a complete copy before I retired and I can’t beleive I missed it. Doc said I have deviated septum. I’ll def be claim it. Using Flonase daily for years and nothing works
@@TheCivDiv thanks for answering our questions!!! You rock Bro
Once you file for intent and it has been several months. How do you actually start to file?
Either use a VSO or you complete your claim online here: czcams.com/video/utNuAvm7rHs/video.htmlsi=o1Bjg72bmOVEeGvD
- Clay
Where do you go to find copies of your decision letters?
VA app or va.gov
- Clay
Can you file different types of claims on the same ITF?
Say
1. Increase for Rhinitis/ knee
2. Secondary for a knee ACL tear other knee is rated
3 New for sinusitis?
Yes
- Clay
Sweet. Thanks. Just waiting for an MRI on my other knee prior to filing.
Got the rhinitis diagnosis CT shows a polyp in one of my sinuses and ENT noted a growth in nasal canal that they did a biopsy on last vist.
Got sinusitis diagnosis from Urgent care 2 bouts of antibiotics since last July and been doing treatment since per PC/ ENT, which has provided some relief.
L knee mri shows patellar tendinopathy and partial ACL tear. Painful ROM extension and told to wear knee brace.
R knee currently rated at 10% for ROM flexation due to ACL tear and meniscus surgery.
Currently 88 actual rating
Rhinitis was SC at 0% when I got BDD in 2020. ( took a year to get rated due to covid restrictions on sinus exams)
www.militarytimes.com/veterans/2024/03/12/va-plans-to-trim-10000-jobs-this-year-mostly-from-medical-sites/
What is this about? Just asking...
What do you think?
I have no idea, first I’ve heard
- Clay
It looks like a common sense reduction. The La Jolla VAMC I had to go to last month appeared to be overcrowded with an excess of staff. And that puts quite a strain on the infrastructure, including parking, and just way too many idle workers - on their breaks - wandering the hallways, taking courtesy shuttle seats away from waiting veterans - my firsthand experience. I had a mandatory appointment, so I had to go, and the Dr. was a "Fellowe" working under another Dr.'s license. I'm still navigating the VA process but keeping my private Doctor for sure.
Doesn't sound like a lot to worry about as it says "VA Assistant Secretary for Management Jon Rychalski said most of those posts are already vacant". Also, the WH budget request is for a 13% increase in VA spending for next year.
Wouldn't feet, ankles, knees be presumptuous to all 11B
Now you know you need to go drink water and ruck tf up😂…Corny joke aside I’m pretty sure it’s not. Best to get your medical records, see whats in there, get current treatment and diagnoses on conditions that affect you now, in your personal statement that is where you can point to your evidence and why YOU believe the evidence shows service connection.
Already done all that but Thanks for your feedback
Unfortunately not but the duties and responsibilities of MOS are ‘evidence other than medical’ to include deployments and responsibilities/duties/actions while deployed.
You could imagine infantry (I’m also infantry) when conducting foot patrols humping equipment would wear and tear. If you had a diagnosis of cartilage deteriorating in your joints that would be a pretty connection.
- Clay
Imagine being a paratrooper with over 70 jumps getting denied knees and ankles
I don't see the videos. Am I missing something?
Nope. I’m an idiot. I’ll link them once I get home.
- Clay
Clay, you're not an idiot. We all forget stuff.
Doesn't it seem that if the VBA had their claims processors set up to sit down one-on-one with veterans to discuss health issues and how best to proceed with their claims, or maybe someone at the RO, most of if not all of this cloak and dagger, convoluted VBA process, would be much easier to navigate for veterans and most if not all that require assistance would actually get it, instead of playing what I'm going to call a game that the VBA and/or our government is intentionally playing with veterans to make the disability claims process as difficult as possible for most veterans. I'm up to 90%, which I've done all on my own so far, with a total of 170% total points, which to me seems convoluted since if you're 100% disabled in points, then you should be 100% disabled, since how is a veteran 170% disabled...doesn't make sense, unless the system is purposely set up to keep as many veterans from attaining a 100% disability award as possible, even though they might actually be. Where is the actual "thank you for your service", when the government knows so many veterans are broken now mentally/physically, or honor in doing that?!?
Chronic bronchitis, early stages of copd
I m stuck at 93% man I feel like giving up…
Dont give up, never give up. Your too close!!!!
Have you checked out Clay's list of potential secondaries? It may give you an idea of how to squeak out that 20% you need.
I'm at 94% 😫
I got denied secondaries bc of no nexus in service complaints
Bro, all you need is 20% more for high valued claims that you are rated low at and see if you qualify for a higher rating.
Just go t to 80%. I have 4 other claims pending. If approved it will get me to the HUNDO CLUB.
"Because youtube told you to..." haha
Clay: I have left several comments for Jay to do the typical CZcamsr clip art "stupid face." You know with their mouth dropped (shocked face). He still won't do it! Take his gun rights for not being a team player!
I screenshotted this and texted him 😂
- Clay
@@TheCivDiv awesome bro!
Clay do you ever get tired of trying to teach swimming to ROCKS!