Lea my claims were well grounded the c&p examiner attacked my in-service event like it was a homicide to give me a negative opinion - I was diagnosed with a lumbar back sprain had a in-service auto accident what's crazy Lea I'm already service connected for a lumbar and thoracolumbar strain VA examiner stated that the accident didn't injury me at all - wow WOW
I submitted a supplemental claim attached with DBQ and progress notes from doc. I was schedule an exam. The rater attached instruction for the examiner to refute and opinion my evidence. I informed the VA that there was a violation of CFR 38 4.23 Attitude of Rating Officer. This was for increase
My claim is a mess. I am rated 100% through unemployability, but I want to get the 100% as well in case rules change as I am the sole support of my family. I had cervical cancer because civilian care was denied while I was overseas, and then treatment was delayed for another year once I returned. I am service connected for that - but at 0%. I'm now post menopause, but never had children because I was told to "not have children for a while", but that was never clearly explained. I had several bad Pap tests at the VA over the years, but further tests showed I was ok. I don't know if I can file a supplemental claim since I'm now in menopause. I also applied for my spine - I have pretty bad degenerative disc disease. The denial clearly stated "We can see you had a back injury on active duty, AND you were treated for back pain and that injury while on active duty, but this is not service connected". How even can they say that?
I am not quite sure what you are referencing but everything requires a nexus. It is part of the disability process. You must have an event in service or related to service, a current condition, and a nexus between the two. Simply having an event in service is not enough. For example, someone could have a back injury in 1974 documented in their service medical records, serve many more years with no complaints, have their exit physical be normal, then have 5 major car accidents after service and their injury would quite naturally not be related to service. The point is that simply having something in your medical records does not equate to always getting a service connection for the disability.
I first filled for PTSD in 2009 along with Tinnitus. I missed the C&P due to being unstable at the time. I made the C&P exam for Tinnitus. I got 10% Tinnitus granted. I was denied for PTSD. I have recently been diagnosed with PTSD and I'm about to start therapy. Plus I have 15 years of evidence. Chronic homelessness, Under employed. 5150 holds. Isolation and AUD issues and treatment. My question is, should I file a fully developed claim or a supplemental claim to my PTSD claim in 2009? Now i'm adding AUD, General Anxiety Disorder and Insomnia to the claim along with PTSD.
How’s it been going? I’m in a similar situation with Depression and Mental Disorders. I never went to the C&P exams because I just started a new job and forgot about the appointments. Now I have those two things labeled as “not service connected” but I have evidence from when I was in and have acquired some new prescriptions for Nightmares and have been talking to VA mental health care providers for a while. Do you think it would be worth my time to file for a supplemental claim on their previous decision to deny my Depression/Mental Health?
@@HighDiver5555 It's definitely worth it! I'm almost ready to file at this point. I have just been getting my ducks in a row. I'm filing a new claim. From what I understand super old supplemental claims can be not treated fairly. Which it really doesn't matter what you claim mental health wise. As long as you're getting rated for the proper symptoms and issues you deal with because of them. I'm other words mental health gets bundled all in one umbrella anyways.
@@YHWHWILLBEDONE thanks buddy. Fair warning though: Lots of us with claims have been stuck at Step 5 of 8 for months now. My last claim made it to that point on August 6. Another buddy of mine has been stuck at the same step since July 15, 2024. The VA is doing some budget review or disability increase a cross the board? Won’t happen until after the Election most likely
Are you guys still accepting requests or are you somewhat backed up from the holiday schedule? I put in two requests one in mid December and another a week ago but I haven’t gotten a follow up. Nonetheless, good work!
@@prestigeveteranmedical UA-cam is deleting my comment thinking it’s spam when I place my email or anything email related so I can’t provide you that so it’s the same as my username here at gee male
Hi sir. Where did you put the request in? It does not look like we have heard from you on our end. Did you contact your previous expert Paul or did you reach out through the website? Can you please contact your expert at paul@prestigeveteranmctx.com? @@andojciz1322
I submitted a migraine buddy log for 8 months of 2023 showing several migraine attacks along with a DBQ for my increased. I just got my decision saying it was still at 0 due to " less frequent attacks" it also says this; A higher evaluation of 10 percent is not warranted for migraines unless the evidence shows: • Characteristic prostrating attacks averaging one in 2 months over last several months. I had several of those, and they were logged in the pdf file uploaded in the claim. What can I do?
I am very sorry to hear this sir. Have you thought about hiring an accredited attorney? There is usually no fee up front and you only pay them a small amount if you are successful
I used migraine buddy to but what worked for me was ever time I had a migraine I went to the VA Hospital ER department and stated that my migraines were brought on by my tinnitus and began while I was in service, I did this 3 times and filed my claim and was service connected at 50% with a records review only C& P exam. I used the VA Hospital records of my ER visits as the nexus
I had two PACT ACT conditions "denied because required service not shown" . I filed a supplemental claim and uploaded TDY orders, completed travel voucher, and achievement medal from my time served in Kuwait. Does this sound like the right thing to do for their denial reason?
I received a 30% rating for a service-connected condition. I strongly believe that 30% is too low and I qualify an increase to 70% or 50%. Now, I am still within one year to appeal this decision for an increase because I now have a nexus letter and a buddy letter. Do I file a supplemental claim and state in BOLD letters on my supplemental claim that I disagree with the rating and I'm seeking an increase? If I don't need to file a supplemental claim, what can I do in order to increase my rating (keep in mind, that I am still within that one year mark to submit a rebuttal).
If I filed a claim in which they service connect a disability and give me 30% but I have new evidence that would put me at 50% should I supplemental appeal or just file for a rate increase? 2 other questions are if I appeal is there a chance they might change their mind about it being service connected and what is the time frame in supplemental appeals? Ie. Similar to a rating increase timeframe.
Are supplemental claims processed/decided quicker than a normally submitted claim? My last claim was decided in about 4 months but it was just a normal claim.
I filed a supplemental claim for meniere. I attached lay statement, progress notes and DBQ. I am already service connected for meniere. The VA schedule a c&p exam with attached instruction for the examiner to refute and give medical opinion against the evidence on file. I cancelled the exam and I asked for rescheduling to another contractor. Plus gave a statement of CFR 38 4.23. Attitude of Rating Officer. The VA hasn't rescheduled my c&p and it been a couples of months but its in RFD and assigned to a new team
I did a Supplemental claim in Feb 2024 right after getting denied for Carpol tonal. They never requested information from my orthopedic doctor and never did C and P exam with original VA claim. With Supplemental claim they did request and receive medical records and I finally did C and P exam for carpol tonal. How long do I have to wait?
can you make a nexus connecting bilateral radiculopathy to lower back ? my cp examiner verbally told me she diagnosed me with it, however my denial sayas no Dx or service connection.
I filed a FDC last March. Had actionable and sufficient private DBQ, nexus statement from private doc, medical literature, and personal statement. They denied my claim several months later. The evidence reviewed section of the decision letter indicates NONE of the evidence I submitted as a FDC was reviewed. WTF. I just filed a supplemental and resubmitted everything I initially submitted.
@@prestigeveteranmedical …and the claimed conditions are presumptive and I have multiple DD214s showing serving in these presumptive locations. Ultimately I can’t understand why they didn’t review my evidence…?
Does 38cfr 3.156 apply to BVA decision. I got BVA decision July 2016 denying OSA due to no diagnosis but was diagnosed by VA same July 2016 and was given CPAP. Just got approved with effective date of April 2023, can I get earlier effective date?
That is a tough question. I am not really sure but you may want to follow up with a legal professional. Here is a link to Garren's website: avetappeals.com/
There is a list of evidence on the rating decision letter. It is not always the most descriptive. Beyond that you may want to check with a legal professional who can look in your file if you are their client
Look at rating decision narrative and see what evidence was reviewed. If you think the evidence wasn't reviewed file a supplemental claim saying you didn't review whatever
They develop to deny just to meet a quota. I have been denied with factual and actual evidence and dbqs and I even had medical literature that proves my claim and contradicts their opinionated denials
If you were in the Marines you had to be bedridden before going to BAS. They were on that bs at least my unit which was an Art battery in 10th Marines.
Hi sir please reach out to us at info@prestigeveteranmctx.com if you are interested in a medical opinion letter or if you are looking to have Garren Represent you in the claims process please reach out to: avetappeals.com/
Very informative
Glad you thought so! Thank you for watching!
Lea my claims were well grounded the c&p examiner attacked my in-service event like it was a homicide to give me a negative opinion - I was diagnosed with a lumbar back sprain had a in-service auto accident what's crazy Lea I'm already service connected for a lumbar and thoracolumbar strain VA examiner stated that the accident didn't injury me at all - wow WOW
I am so sorry to hear this sir. Big hugs@@gtoexpress8111
Thank you very much for making this videos and looking out for us fellow brothers and sisters Veterans.
Thank you for your support and thank you for watching
Thanks to the info provided by Garen, I submitted my Supplemental claim on a VA decision that was made 10 years ago. Fingers crossed!
Best of luck and keep us posted!!
Very informative. Reasonable Doubt 3.102 is very good info for understanding weight of evidence.
Thank you for the feedback and thank you for watching
I submitted a supplemental claim attached with DBQ and progress notes from doc. I was schedule an exam. The rater attached instruction for the examiner to refute and opinion my evidence. I informed the VA that there was a violation of CFR 38 4.23 Attitude of Rating Officer. This was for increase
I am sorry to hear this sir. Best of luck to you with this and keep us posted!
I look forward to this one, because this is the lane I'm in on a cpl of decisions.
Best of luck to you with those! Thank you for tuning in =-)
My claim is a mess. I am rated 100% through unemployability, but I want to get the 100% as well in case rules change as I am the sole support of my family.
I had cervical cancer because civilian care was denied while I was overseas, and then treatment was delayed for another year once I returned. I am service connected for that - but at 0%. I'm now post menopause, but never had children because I was told to "not have children for a while", but that was never clearly explained. I had several bad Pap tests at the VA over the years, but further tests showed I was ok. I don't know if I can file a supplemental claim since I'm now in menopause.
I also applied for my spine - I have pretty bad degenerative disc disease. The denial clearly stated "We can see you had a back injury on active duty, AND you were treated for back pain and that injury while on active duty, but this is not service connected". How even can they say that?
I am so sorry to hear this ma'am. Consider reaching out to Garren for a one on one consultation and he can provide you some feedback
Confused. I think he said you need a nexus? If it’s in your AD med records, why do you need a nexus
I am not quite sure what you are referencing but everything requires a nexus. It is part of the disability process. You must have an event in service or related to service, a current condition, and a nexus between the two. Simply having an event in service is not enough. For example, someone could have a back injury in 1974 documented in their service medical records, serve many more years with no complaints, have their exit physical be normal, then have 5 major car accidents after service and their injury would quite naturally not be related to service. The point is that simply having something in your medical records does not equate to always getting a service connection for the disability.
I first filled for PTSD in 2009 along with Tinnitus. I missed the C&P due to being unstable at the time. I made the C&P exam for Tinnitus. I got 10% Tinnitus granted. I was denied for PTSD. I have recently been diagnosed with PTSD and I'm about to start therapy. Plus I have 15 years of evidence. Chronic homelessness, Under employed. 5150 holds. Isolation and AUD issues and treatment. My question is, should I file a fully developed claim or a supplemental claim to my PTSD claim in 2009? Now i'm adding AUD, General Anxiety Disorder and Insomnia to the claim along with PTSD.
Best of luck to you sir. You will def want to seek claims advice from an accredited legal professional like Garren or possibly a local VSO.
@prestigeveteranmedical Got you thanks!
How’s it been going? I’m in a similar situation with Depression and Mental Disorders. I never went to the C&P exams because I just started a new job and forgot about the appointments. Now I have those two things labeled as “not service connected” but I have evidence from when I was in and have acquired some new prescriptions for Nightmares and have been talking to VA mental health care providers for a while. Do you think it would be worth my time to file for a supplemental claim on their previous decision to deny my Depression/Mental Health?
@@HighDiver5555 It's definitely worth it! I'm almost ready to file at this point. I have just been getting my ducks in a row. I'm filing a new claim. From what I understand super old supplemental claims can be not treated fairly. Which it really doesn't matter what you claim mental health wise. As long as you're getting rated for the proper symptoms and issues you deal with because of them. I'm other words mental health gets bundled all in one umbrella anyways.
@@YHWHWILLBEDONE thanks buddy. Fair warning though: Lots of us with claims have been stuck at Step 5 of 8 for months now. My last claim made it to that point on August 6. Another buddy of mine has been stuck at the same step since July 15, 2024.
The VA is doing some budget review or disability increase a cross the board? Won’t happen until after the Election most likely
Are you guys still accepting requests or are you somewhat backed up from the holiday schedule? I put in two requests one in mid December and another a week ago but I haven’t gotten a follow up.
Nonetheless, good work!
Hi sir we do not get backed up. We respond to emails within 48 hours and usually it is daily. Have you checked your spam? What is your email address?
I wish someone had gotten in touch with me so I could have used your services!
sir we exchanged 7 emails with you on January 4th. What are you talking about? @@dimingohale1952
@@prestigeveteranmedical UA-cam is deleting my comment thinking it’s spam when I place my email or anything email related so I can’t provide you that so it’s the same as my username here at gee male
Hi sir. Where did you put the request in? It does not look like we have heard from you on our end. Did you contact your previous expert Paul or did you reach out through the website? Can you please contact your expert at paul@prestigeveteranmctx.com? @@andojciz1322
I submitted a migraine buddy log for 8 months of 2023 showing several migraine attacks along with a DBQ for my increased. I just got my decision saying it was still at 0 due to " less frequent attacks" it also says this; A higher evaluation of 10 percent is not warranted for migraines unless the evidence shows: • Characteristic prostrating attacks averaging one in 2 months over last several months. I had several of those, and they were logged in the pdf file uploaded in the claim. What can I do?
I am very sorry to hear this sir. Have you thought about hiring an accredited attorney? There is usually no fee up front and you only pay them a small amount if you are successful
I used migraine buddy to but what worked for me was ever time I had a migraine I went to the VA Hospital ER department and stated that my migraines were brought on by my tinnitus and began while I was in service, I did this 3 times and filed my claim and was service connected at 50% with a records review only C& P exam. I used the VA Hospital records of my ER visits as the nexus
I had two PACT ACT conditions "denied because required service not shown" . I filed a supplemental claim and uploaded TDY orders, completed travel voucher, and achievement medal from my time served in Kuwait. Does this sound like the right thing to do for their denial reason?
I am not sure about that sir but it sounds reasonable. Keep us posted
I received a 30% rating for a service-connected condition. I strongly believe that 30% is too low and I qualify an increase to 70% or 50%. Now, I am still within one year to appeal this decision for an increase because I now have a nexus letter and a buddy letter. Do I file a supplemental claim and state in BOLD letters on my supplemental claim that I disagree with the rating and I'm seeking an increase? If I don't need to file a supplemental claim, what can I do in order to increase my rating (keep in mind, that I am still within that one year mark to submit a rebuttal).
I am sorry to hear this sir. The rating really is based upon the level of severity that the examiner puts on your DBQ. Best of luck to you on this
If I filed a claim in which they service connect a disability and give me 30% but I have new evidence that would put me at 50% should I supplemental appeal or just file for a rate increase? 2 other questions are if I appeal is there a chance they might change their mind about it being service connected and what is the time frame in supplemental appeals? Ie. Similar to a rating increase timeframe.
Hey sir these are great questions. If you would like insight into your particular case from Garren please reach out to him here: avetappeals.com/
What’s the timeline for supplemental claims? I’ve had a sc open for 5 months. It hasn’t moved in 3 months (migraines secondary to depression)
I am not really sure sir. Hopefully it will be done soon! Keep us posted and thank you for watching
Are supplemental claims processed/decided quicker than a normally submitted claim? My last claim was decided in about 4 months but it was just a normal claim.
That is a great question and I am not really sure sir. From what I have seen they are really all over the map. Keep us posted and best of luck!
@@prestigeveteranmedical thank you. time will tell.
I filed a supplemental claim for meniere. I attached lay statement, progress notes and DBQ. I am already service connected for meniere. The VA schedule a c&p exam with attached instruction for the examiner to refute and give medical opinion against the evidence on file. I cancelled the exam and I asked for rescheduling to another contractor. Plus gave a statement of CFR 38 4.23. Attitude of Rating Officer. The VA hasn't rescheduled my c&p and it been a couples of months but its in RFD and assigned to a new team
I am sorry to hear this sir. Please keep us posted on this!
Your thoughts?
@@willieharvey9100 I do not have any thoughts on this.
I did a Supplemental claim in Feb 2024 right after getting denied for Carpol tonal. They never requested information from my orthopedic doctor and never did C and P exam with original VA claim. With Supplemental claim they did request and receive medical records and I finally did C and P exam for carpol tonal. How long do I have to wait?
It’s hard to say sir. It can be variable
I wish someone had gotten in touch with me so I could have used your services!
Sir we exchanged 7 emails with you and you conversed back and forth only 5 days ago. We most Definity got in touch with you
can you make a nexus connecting bilateral radiculopathy to lower back ? my cp examiner verbally told me she diagnosed me with it, however my denial sayas no Dx or service connection.
Many people have this type of connection but it sounds like they did not diagnose you so that may be difficult
I filed a FDC last March. Had actionable and sufficient private DBQ, nexus statement from private doc, medical literature, and personal statement. They denied my claim several months later. The evidence reviewed section of the decision letter indicates NONE of the evidence I submitted as a FDC was reviewed. WTF. I just filed a supplemental and resubmitted everything I initially submitted.
I’m sorry to hear this sir. I have seen this happen a number of times. Best of luck and keep us posted
@@prestigeveteranmedical …and the claimed conditions are presumptive and I have multiple DD214s showing serving in these presumptive locations. Ultimately I can’t understand why they didn’t review my evidence…?
@@jasongarrett9493 Unfortunately sometimes they just make errors
What does it mean when during the HLR they asserted a difference of opinion.
I am not to sure about that sir.
Does 38cfr 3.156 apply to BVA decision. I got BVA decision July 2016 denying OSA due to no diagnosis but was diagnosed by VA same July 2016 and was given CPAP. Just got approved with effective date of April 2023, can I get earlier effective date?
That is a tough question. I am not really sure but you may want to follow up with a legal professional. Here is a link to Garren's website:
avetappeals.com/
Will do. Thanks
Yes. 3.156 applies to BVA.
How do you know if all the records you provide has been taken under consideration?
There is a list of evidence on the rating decision letter. It is not always the most descriptive. Beyond that you may want to check with a legal professional who can look in your file if you are their client
From my own claim, the documents I submitted were listed on my claim decision but it seemed pretty obvious they didn’t actually read them.
I am sorry to heat that @@jasonburke7685
Look at rating decision narrative and see what evidence was reviewed. If you think the evidence wasn't reviewed file a supplemental claim saying you didn't review whatever
happens too often @@jasonburke7685
I find it funny when you have "2" positive imo and they still deny you based on the c&p examiner wild opinion.
Yes it can be a challenging system for sure
They develop to deny just to meet a quota. I have been denied with factual and actual evidence and dbqs and I even had medical literature that proves my claim and contradicts their opinionated denials
File an HLR
Can HLR claims that turned into a "Duty to Assist" be withdrawn with form 21-4138
I am not sure sir you can reach out to Garren if you would like to discuss your case at the following website: avetappeals.com/
If you were in the Marines you had to be bedridden before going to BAS. They were on that bs at least my unit which was an Art battery in 10th Marines.
I’m sorry to hear this! Thank you for watching
Same here I was a 0811 back in 1997, I could barely walk and I only got light duty for 2 days and back to the gun park.
I believe that the veterans needs to do the heavy lifting and allow the advocates to put their "lifting" into
legal words✌🏾
Totally! Thank you for watching my guy!
Help ??????
Hi sir please reach out to us at info@prestigeveteranmctx.com if you are interested in a medical opinion letter or if you are looking to have Garren Represent you in the claims process please reach out to: avetappeals.com/