Not true - for example you get one rating which is low if you have diabetes, but then you get the higher rate if you’re taking medication to control the diabetes.
I am from the Cold War pre internet days. I never reported my PTSD or the incidents (1988-1989). I also never reported my shoulder, back, neck and knees. I was a tanker. Heavy lifting and jumping on and off that machine caused many issues. I am 60 now. I doubt I can do anything about it now.
Great job guys. Veteran A reminds me of us old 1990 plus vets who had no internet or education outside of taps class. Its no wonder so many of us are under rated now compared to younger vets. Your videos give us hope.
Thank you for this video. I work woth vets alot and we especially marines don't always have the right words to explain these aches and pains in a very embarrassing moment.
I initially felt guilty about getting money from the government, but after seeing so many veterans with cancer or serious medical conditions or simply can no longer cope, screw the government. I now consider VA disability to be tax on the government for ruining so many lives. This is the cost of war, Uncle Sam. Don't play if you can't afford it.
Abraham Lincoln promised those who bore the burden of service will be taken care of. I gave 170% of some. Never feel guilty. No man or woman is ever the same after serving an idea, and then facing the hard reality of what it really was and is after the fact.
This is the best video you have put out since I started watching several months ago. You finally got through to me on HOW to prepare for a C&P exam. In a perfect world, a rater would always give the veteran the benefit of the doubt. Alas, this world is not perfect. Thank you.
It only makes sense that the Veteran would need medical evidence for 6 plus months to get rated a disability. Why would anyone get disability money monthly when they haven’t been to the doctor and there’s no proof of their health issue. I think the 38CFR is very fair & if a vet would read it & see the rating then he/she would have understood the process from the get-go.
It's not fair if it is incomprehensible to the reader. It's about as clear as common core math. Many of us can only dream of being as smart as you. @@60eyewatcher
2 of the most humblest knowledgeable Veterans that continue to help and give back to veterans! Because of you both so many veterans have received what we deserve. I salute you both
Thankyou Jason & Clay for your constant and consistent knowledgable videos addressing the myriad of complexities dealing with the VBA. I'm an old Jarhead that recently became 100% P&T after 32 years leaving active duty. Keep pumping out your videos as they help our Veteran community tremendously. You did for me, and I'm very thankful for your dedication, determination, and discipline in presenting many topics dealing with the VBA. Semper Fi
@@VeteransDaily Holy bologna must be Clay! You and Jason helped me tremendously to get 100% P&T in 2 1/2 years. Old devil dog who is deeply appreciative
i just got decision back today and the denied my non combat ptsd moral injuries, and granted tinnitus at 10 hearing zero and deferred my lung cancer and others. there is no place on the entire 9 pages that they saw in the record I am not claiming active lung cancer my right lung was removed in 1988, total pneumonectomy and my left lung is under surveillance twice a year with cat scans wi contrast.. the report confirms my exposure to TERA and although my lung function test shows under 50 fev1 they deferred copd which is due to having only one lung..there is a note in my va med records that rescue bronchodilators have no effect but to continue to use and I wont even go into fellas the removal of my bladder and prostate last year... and this is all under favorable items... i knew the video ptsd exam with a sports phd was a loser from the first minute. she was pd off that i did not drive the 60 miles each way. i had va waiver to i have a urostomy pouch and would need a private place to cleanup and put on new bag at her office and qtf called me back and said provider cannot accommodate do video.... have to keep fighting
I filed for VA disability benefits back in.April. for low back issues and tinnitus and hearing loss. I had a c@p for the hearing loss.. but no c@p for my back issues I do have xrays in my medical file, and was diagnosed with ddd and also have it documented multiple times over the years with my VA doctors I'm also seeing a chiropractor at the VA. I was told I have enough medical evidence in my file that a c@p was not needed for my back issues. I still waiting for a rating etc. But I'm assuming that due to them telling me I didn't need a c@p that I will get a rating for it.
I wondered about that. I have mental health documentation of PTSD/MST, they have my medical records, the LOD, and I've had C&P exams for minor things, but have not heard a word regarding my mental health claim. I filed in January, it's mid-August now. The radio silence regarding my claim is insufferable
Last time was “stand up straight, turn to your left until you can’t anymore or pain is overwhelming…same with the right side.” I thought I was being evaluated for GERD and or gastric problems. They looked through my records and picked out the back issues, the apnea, the other stuff and set me up with/ P&T. I was and am ever grateful. My PCP on the other hand went BSC and started trying to disprove or reassign conditions to different/non rated conditions, particularly in the MH arena. Basically, there’s nothing wrong with you, you’re “crazy” and it’s all in your head. I have had a terrible relationship with the VHA ever since. Echoes of an internal battle where people keep trying to inject personal values and ideology into treatment, which is a horrific experience. and now the network expands beyond the VHA, and community health providers see disparaging remarks in your records. Thoughts?
Good Video...but I still believe raters use a dart board, because way too many vets are given lower ratings based on their strong evidence and C&P exam evidence. We all know you need strong evidence, that's common sense, but that doesn't always give a veteran the proper award for some reason. Software recommends? there must be human interaction even with software. I am glad you explained this, but it's even more aggravating that the Veteran suffers because it's easier to just push a button. All the veterans who sincerely suffer and wish to be properly awarded aren't. I'd rather have them use a dart board
I don’t know about the system it looks like raters are blatantly ignoring evidence and denying claims. I am service connected for Chronic Hives at 10% off the rating schedule. I filed for an increase which would give me 60% for that condition and got a proposal to severe the disability. After reading the denial letter and the 38 cfr for this condition the rater completely ignored the new evidence and twisted 38 crr
This secret only works if a VA rater uses the correct starting point. I have a asthma claim that according to the schedule of ratings is rated at 30% because of the medications I am on. Emphysema was detected on the same CT-scan that the Asthma was. The pulmonary doctor I saw diagnosed me with moderate asthma. I applied for a asthma rating through the PACT Act and they rated me at 0% for Emphysema with asthma. What a joke. And my only recourse is to appeal for a rater's blatant error. Since I have a denied respiratory claim with an effective date of October 1991, I know exactly why this happened.
I’m the same but only with emphysema. I do have some shortness of breath issues but the ratings are all about the FEV. When it comes to respiratory. Brother in law has severe asthma and uses an inhaler daily 0%, but has 50% OSA that was diagnosed in service. I’m a never smoker BTW so I was surprised on the emphysema find.
It’s not a big secret that I tell some of my friends that are still serving. I tell them you better have a big book size medical record before you get out. My medical record was 5-6 inch thick when I ets. I made them print me out physically and waited just to tell them i would like another just as back up. I did this also knowing I had my med records on electronic form as well. Back in 07 when they said “ they lost my med records in what happened with my back” in Iraq the previous year due to system switching to electronic form. That was the day I made sure to double check that everything was documented when I was still in. My thinking on my SC is that my folder is so damn thick and has so much shit in it that when a rater had to rate me they are just overwhelm and just said “f it” just gave me 100% 😂. Or at least that what i always tell myself.
For my headache C&P I didn’t take any chances & told the examiner that from what I would track in my headache log/journal i get completely prostrating headaches 5 days a week 3 times a day & greater than once a month since the DBQ question asked. I told them the same at the VA clinic when I went to tell them about it
Continuing: to visibility. Read them! What the VA does or doesn't do, is very important. Being rated by someone who isn't a doctor, And isn't necessarily An educated Person, Could be inaccurate And unfair.
This definitely explains why there are SO MANY issues. I am not a fan of automation and believe that all claims should be looked at with more than one step of human eyes. It os rodiculous having to keep doing supplemental claims. I have three in right now thatni had TONS of evidence for and yet was denied benefits. Any of these 3 would put me at and/or over 100% P&T. 5 out of the six claims ive done have had to have supplemental claims filed. Every one of them was approved in supplemental with the same evidence. I always use the 38 CFR to make sure the wording is correct. I always take the part of the 38CFR with me and every single one of the C&P examiners pushes me off and writes their own mess and that's is the major issue.
@@tfinn2700 I know this from my 20+ years of dealing with C&P examiners and knowing who is good and who is not. I have plenty of medical professionals, including nurses and Doctors, in my family.
Have a question: I have been diagnosed (again) with a burnpit registry cancer. I never was in the sandbox in 91 or Afghanistan post 9-11; But I was in Honduras in 89 and was a 51M Firefighter. I am in the burnpit/asbestos registry. Will I be ok due to the exact cancer that is on the VA list or will deployment location knock me out? This would put me at 100%. I’m currently 70% for PTSD.. Thanks Brothers for taking care of us
How does one get denied service connection but at the same time it says that there was an qualifying event, injury or disease during service and says you have been diagnosed with a disability during favorable findings? Thoughts
Exactly what I have been saying, personally I don’t see anything favorable about any of it. Seems like they are talking in circles and I can’t get anyone to give a good answer to this bilge.
MY CP EXAMINER PUT DIFFERENT INFO WHAT I TOLD HIM. HE PUT EVERYTHING IS NORMAL EVEN IF I TOLD HIM IT AFFECTED MY DAILY LIFE. HE LOW BALLED ME AND CHANGE THE DBQ INTO A NORMAL RESULY EVEN I HAVE TOO MANY ISSUES.
Same thing happened to me. I’ve been going to the VA and having the symptoms noted. Also the VA is paying for Chiropractor care. I’m having an outside doctor and my Chiropractor write Nexus letters. Trying again. Gotta keep fighting for your benefits
If you are filing a claim for disability/ compensation does the VA verify your income/ job or do they only verify your income/ job if you’re filing for TDIU?
Why do they rate Gerd and ibs together when they are completely 2 separate conditions? Gerd is worse than bad heartburn lol. It's painfull, you can't eat, can't sleep, vomiting and it hurts like he'll on the left shoulder. One c&p exam I went to the nurse practitioner did not know what Gerd really was and reported that I had a cracked rib without an xray. It took them 8 months and I got a response from the VA stating that they made a mistake on my Gerd rating and they increased it from 10% to 30% and that took me over 100%. I'm still suffering from agent orange Exposure and I have cancer in my abdominal area and the VA is paying for the treatments but they refuse to let me claim it even with the pact act. They just keep telling me I need to show proof where I served in Vietnam, I wasn't even born then. I was Exposed when I served 11 years on Gulfport Mississippi CB base.
Lets remember that your primary care doctor leaves and the veteran goes through a half a dozen primary care doctor, then let remember that if the veteran doesn't wants to be rated Non employable, rather needs to be rated selected, or handicapped, becausewe still should be able to work, even if its for four hours a day, for two or three days a week.
In other words, that 38 CFR, read up and study. Take your notes with you into the C&P, and read off the symptoms exactly the way they are listed in the schedule of ratings. Too easy
Hello..ironically I'm rated 0% for my migraines, without going into the details ,I'm wondering the best approach. I've read the rating schedule, got it, and I should be rated well over 0%, but now that I'm more informed I'd like to get some help moving forward the right way. Thank you in advance..
I have migraines 5 to 8 times a month and im on medication to help prevent tge medication but the medication i take morning and evening i do not think they do anything for me and ive been telling them ive had the same amount of migraines since i was active duty in 2008. Im only rated at 30% now but im not going to challenge anything right now until the va drops me from 100% p&t
Do DBQ results carry same weight as provided private nedical records? Doctors dont always record everything that is shared, but CP examiner may be able to..
Question for anyone that may know.. I’ve been given an unbelievable amount of ibuprofen 800mg, which I take 2 at a time twice a day.. can that lead to gerd? Because I’ve gotten that heartburn really bad which I never had before. Can I get this service connected because of taking the ibuprofen for years???
@@VeteransDaily how about getting my doc to say that it’s because of the ibuprofen is why I’m having serious heartburn along with this god awful pain in my sternum and that regurgitation?
I recently received a decision letter with two denials and four deferring claims. My question is based on the information you just provided. If the computer makes the initial decision based on the 38 CFR, then how does the claim end up deferred? Did the rater make that decision based on the computer input?
What is insufferable as waiting for the VA sooo long. I filed in January, had C&P exams in July for a couple of minor things, but my psychiatrist diagnosed PTSD from MST.. . With an LOD on file, tons of medical records... And I have heard nothing from them regarding this. I have not got a rating on the other ones, I'm not sure if they're waiting to do it all at once, but with the PTSD issue... Suffice it to say, it's hard not to conclude a lack of urgency, which takes the brain to bad places
This “secret” adds to my theory that C&P contractors are making decisions as if they’re USG employees. Sure the VSR “accepts” the system recommendations but this also explains why HLRs & appeals are SO successful.
Can I copy the symptoms from the CFR 38 or a DBQ into a personal statement? Would this be a red flag to a rater or should you use language that's similar?
I thought the same thing, the exact symptom wording is exactly what they want to see. So absolutely have your doctor put those exact words down. Got me 30% IBS because those are my exact symptoms.
If you’re a veteran and you’re able to talk to your VA healthcare team. You’re very lucky I’ve been able to talk to VA employee in five years which means no medical no travel no clothing allowance.. tried to file for housing grant. Not allowed.
38 CFR and M21-1 are the foundation policies that guide VBA decision making on Veteran claims. At the Board level, it gets a bit more complicated. If that’s you, you might want to consider an Accredited Attorney.
Does anyone know if community care doctors that are paid by VA (example psychiatrist) can refuse to fill out a DBQ for you, claiming their company won’t allow for it?
I gave them medical evidence of being put in a splint and crutches that happened from a training exercise on active duty. 1 year after that incident, I needed a hip replacement. Denied. I have no faith in our system.
If I applied under mental health condition A, denied and reapplied under B condition that doctors treated me under and ultimately given C rating but B backpay date. Is it worth fighting for 2 yrs on A since it was all within a year to keep fighting mental health? By the way this put me to 100 so only fighting effective date if i do and whats best way to do it or leave it alone?
@@VeteransDaily Clay, as far as the FMLA paperwork goes, my PCP from VA diagnosed Anxiety disorder, PTSD and Depression per current conditions in Bluebutton report. FMLA paperwork is for LIFETIME as far as working (or not working) goes. She stated condition stems from early adulthood. This was my time in service, 18-25 years old. Also notes in BLUEBUTTON documentation that PTSD is from military service. Wouldn't this count as evidence? My STR are lost. I do have very specific events in OPNAV Command History aboard my Command ship from the Commanding Officer spanning 4 years of deployment. Even though my DD214 doesn't have it noted, there are several pieces of evidence documenting combat zone service. These cry specific events and evidence to me. Is this enough?
VA been doing this for years, the system learns from all the valuable information communicated by veterans, this is why the rules change all the time, you get close, the goal post moves...
It's no secret the exact same secret u are saying is on the narrative when u get the rating on how to get to the next higher rating. The recommendations are more like groupings if u have this many check marks then u fall under this percentage, to get this higher percent u need this. The VA tells u how to get to the next higher rating every single time
If AI looks good the person doing the claim agree they should send it. But very bad for a veteran that has a full disability that the AI didn't see. BUT a disagreement claim after they rate. SHOULD go to the front of the line via first date submitted!!!!!!
Honestly, you do not want veterans to be raters. Other vets are some of the biggest gatekeepers when it comes to the claims of other vets. Personal biases come into play and you really want unbiased people applying the regulations fairly. For example, you have a rater who did 10 years in the infantry with several combat deployments working now as a rater. This particular vet is at 70%. That veteran rater will not rate anybody over 70% because that veteran rater personally feels he should be at 100%. That rater will definitely downplay any claims from an air force vet who spent 4 years at a comfy duty assignment and destroyed their knee at a command picnic volleyball game. Even though the regulations would say they deserve 100%.
Dude, I got the same advice and got a 0% back on the primary condition with CLEAR evidence that comports with the diagnostic code. Hopefully it will be rectified now that I've filed a supplemental with clearer evidence and a personal statement that ties every threshold in the diagnostic code to my provided evidence. What I'll say about the VSO is I likely wouldn't have done it without him getting me started and I'm thankful for that. Aside from that, I think doing my homework, collecting evidence myself and laying it out in a clear and concise manner will, hopefully, get me at the appropriate rating.
I went to a C&P for vertigo. When I was called back I had a pretty intense Vertigo episode just as I was standing up to go. The exam we saw the event. I think I got my 30% right then.
My decision says “Service connection for allergic rhinitis (claimed as sinusitis) is granted with an evaluation of 10 percent .” I thought the two were separate. What is suggested to move forward to ensure I am rated for both conditions in this case?
Wish I seen this before my 3 C&P exams. I did not bring a prepared note sheet with me. I thought that would be more natural. I always forgot to give them an important piece of information. Then you kick yourself afterwards.
Top sheet pencil whip negative opinion another denial all denials all day. Remember approval takes multiple employees meaning someone else will challenge ur approval so just lie n deny. Sop
All vets that are going through the process of being assessed for disability NEED to watch this video. Outstanding job guys!
The problem is just because one takes medication, or procedure to help live with an issue, doesn't mean they aren't injured.
Not true - for example you get one rating which is low if you have diabetes, but then you get the higher rate if you’re taking medication to control the diabetes.
Also, for sleep apnea, you will get a higher rating of 50% if you actually use the CPAP. People really do need to read the schedule of ratings.
I am from the Cold War pre internet days. I never reported my PTSD or the incidents (1988-1989). I also never reported my shoulder, back, neck and knees. I was a tanker. Heavy lifting and jumping on and off that machine caused many issues. I am 60 now. I doubt I can do anything about it now.
😅😅😅😅😅😅😅😅😅😅😅
@chillwill5080 I was a worker for local county government since 1993.
Great job guys. Veteran A reminds me of us old 1990 plus vets who had no internet or education outside of taps class. Its no wonder so many of us are under rated now compared to younger vets. Your videos give us hope.
@@traciebarthel3319 I am her a 1990s vet
@traciebarthel3319 Hey sister, glad to know you are here.
@ChateauMaisoneuDeiu welcome sister glad your on here too
Thank you for this video. I work woth vets alot and we especially marines don't always have the right words to explain these aches and pains in a very embarrassing moment.
I initially felt guilty about getting money from the government, but after seeing so many veterans with cancer or serious medical conditions or simply can no longer cope, screw the government. I now consider VA disability to be tax on the government for ruining so many lives. This is the cost of war, Uncle Sam. Don't play if you can't afford it.
Abraham Lincoln promised those who bore the burden of service will be taken care of. I gave 170% of some. Never feel guilty. No man or woman is ever the same after serving an idea, and then facing the hard reality of what it really was and is after the fact.
I feel the exact same way. And there are millions of veterans who feel that way also.
You’re damn right. You earned it.
Well put.
Feel Guilty when they are giving Billions to Ukraine
This is the best video you have put out since I started watching several months ago. You finally got through to me on HOW to prepare for a C&P exam. In a perfect world, a rater would always give the veteran the benefit of the doubt. Alas, this world is not perfect. Thank you.
It only makes sense that the Veteran would need medical evidence for 6 plus months to get rated a disability. Why would anyone get disability money monthly when they haven’t been to the doctor and there’s no proof of their health issue. I think the 38CFR is very fair & if a vet would read it & see the rating then he/she would have understood the process from the get-go.
It's not fair if it is incomprehensible to the reader. It's about as clear as common core math. Many of us can only dream of being as smart as you. @@60eyewatcher
2 of the most humblest knowledgeable Veterans that continue to help and give back to veterans! Because of you both so many veterans have received what we deserve. I salute you both
Thankyou Jason & Clay for your constant and consistent knowledgable videos addressing the myriad of complexities dealing with the VBA. I'm an old Jarhead that recently became 100% P&T after 32 years leaving active duty. Keep pumping out your videos as they help our Veteran community tremendously. You did for me, and I'm very thankful for your dedication, determination, and discipline in presenting many topics dealing with the VBA. Semper Fi
This info is EXCEPTIONALLY illuminating, thank you!
Notes are super helpful in preparation for the C&P. The C&P examiners I’ve had like that you’re prepared and makes their day.
You guys are good together. Keep going
This is awesome! This information is priceless!!! Thanks!!!
Rooster man speaks so much more succinctly when he speaks directly from his brain instead of reading from a VA news brief👍good job🤗
Great video, feeling confident now!
You guys are awesome! I had questions to ask, but you covered the solutions so completely! Thank you so much!
Word. Glad we could answer those!
This is good and needed channel because brings a lot of vet comments to
Thanks!
Holy bologna thank you so much!!!
@@VeteransDaily Holy bologna must be Clay! You and Jason helped me tremendously to get 100% P&T in 2 1/2 years. Old devil dog who is deeply appreciative
i just got decision back today and the denied my non combat ptsd moral injuries, and granted tinnitus at 10 hearing zero and deferred my lung cancer and others. there is no place on the entire 9 pages that they saw in the record I am not claiming active lung cancer my right lung was removed in 1988, total pneumonectomy and my left lung is under surveillance twice a year with cat scans wi contrast.. the report confirms my exposure to TERA and although my lung function test shows under 50 fev1 they deferred copd which is due to having only one lung..there is a note in my va med records that rescue bronchodilators have no effect but to continue to use and I wont even go into fellas the removal of my bladder and prostate last year... and this is all under favorable items... i knew the video ptsd exam with a sports phd was a loser from the first minute. she was pd off that i did not drive the 60 miles each way. i had va waiver to i have a urostomy pouch and would need a private place to cleanup and put on new bag at her office and qtf called me back and said provider cannot accommodate do video.... have to keep fighting
I liked that regurgitation pun! I might regurgitate it elsewhere. That is, if anyone around can stomach it.
Gets me every time
This is incredibly helpful, I'm currently waiting on getting my C&P appointment booked and will use this video as a reference
I filed for VA disability benefits back in.April. for low back issues and tinnitus and hearing loss. I had a c@p for the hearing loss.. but no c@p for my back issues I do have xrays in my medical file, and was diagnosed with ddd and also have it documented multiple times over the years with my VA doctors I'm also seeing a chiropractor at the VA. I was told I have enough medical evidence in my file that a c@p was not needed for my back issues. I still waiting for a rating etc. But I'm assuming that due to them telling me I didn't need a c@p that I will get a rating for it.
I wondered about that. I have mental health documentation of PTSD/MST, they have my medical records, the LOD, and I've had C&P exams for minor things, but have not heard a word regarding my mental health claim. I filed in January, it's mid-August now. The radio silence regarding my claim is insufferable
Thank you for all you gentlemen do for our fellow comrades.
Glad to see this dynamic duo of two veterans putting it down 💪🏾
Last time was “stand up straight, turn to your left until you can’t anymore or pain is overwhelming…same with the right side.” I thought I was being evaluated for GERD and or gastric problems. They looked through my records and picked out the back issues, the apnea, the other stuff and set me up with/ P&T. I was and am ever grateful. My PCP on the other hand went BSC and started trying to disprove or reassign conditions to different/non rated conditions, particularly in the MH arena. Basically, there’s nothing wrong with you, you’re “crazy” and it’s all in your head. I have had a terrible relationship with the VHA ever since. Echoes of an internal battle where people keep trying to inject personal values and ideology into treatment, which is a horrific experience. and now the network expands beyond the VHA, and community health providers see disparaging remarks in your records. Thoughts?
Good Video...but I still believe raters use a dart board, because way too many vets are given lower ratings based on their strong evidence and C&P exam evidence. We all know you need strong evidence, that's common sense, but that doesn't always give a veteran the proper award for some reason. Software recommends? there must be human interaction even with software. I am glad you explained this, but it's even more aggravating that the Veteran suffers because it's easier to just push a button. All the veterans who sincerely suffer and wish to be properly awarded aren't. I'd rather have them use a dart board
I don’t know about the system it looks like raters are blatantly ignoring evidence and denying claims. I am service connected for Chronic Hives at 10% off the rating schedule. I filed for an increase which would give me 60% for that condition and got a proposal to severe the disability. After reading the denial letter and the 38 cfr for this condition the rater completely ignored the new evidence and twisted 38 crr
Good video, thank you for the info!
This secret only works if a VA rater uses the correct starting point. I have a asthma claim that according to the schedule of ratings is rated at 30% because of the medications I am on. Emphysema was detected on the same CT-scan that the Asthma was. The pulmonary doctor I saw diagnosed me with moderate asthma. I applied for a asthma rating through the PACT Act and they rated me at 0% for Emphysema with asthma. What a joke. And my only recourse is to appeal for a rater's blatant error. Since I have a denied respiratory claim with an effective date of October 1991, I know exactly why this happened.
I’m the same but only with emphysema. I do have some shortness of breath issues but the ratings are all about the FEV. When it comes to respiratory. Brother in law has severe asthma and uses an inhaler daily 0%, but has 50% OSA that was diagnosed in service.
I’m a never smoker BTW so I was surprised on the emphysema find.
Call a VA attorney and have them appeal it for you probably with a high probability of success. Time is ticking now.
Great video, keep up the good work! 😊
It’s not a big secret that I tell some of my friends that are still serving. I tell them you better have a big book size medical record before you get out. My medical record was 5-6 inch thick when I ets. I made them print me out physically and waited just to tell them i would like another just as back up. I did this also knowing I had my med records on electronic form as well. Back in 07 when they said “ they lost my med records in what happened with my back” in Iraq the previous year due to system switching to electronic form. That was the day I made sure to double check that everything was documented when I was still in. My thinking on my SC is that my folder is so damn thick and has so much shit in it that when a rater had to rate me they are just overwhelm and just said “f it” just gave me 100% 😂. Or at least that what i always tell myself.
For my headache C&P I didn’t take any chances & told the examiner that from what I would track in my headache log/journal i get completely prostrating headaches 5 days a week 3 times a day & greater than once a month since the DBQ question asked. I told them the same at the VA clinic when I went to tell them about it
A rater that would go against the recommendation and give someone a lower rating is a total douche
It would be completely based on evidence.
What does it mean when they say getting info from other government agencies…?
Continuing: to visibility. Read them!
What the VA does or doesn't do, is very important. Being rated by someone who isn't a doctor,
And isn't necessarily
An educated Person,
Could be inaccurate
And unfair.
This definitely explains why there are SO MANY issues. I am not a fan of automation and believe that all claims should be looked at with more than one step of human eyes. It os rodiculous having to keep doing supplemental claims. I have three in right now thatni had TONS of evidence for and yet was denied benefits. Any of these 3 would put me at and/or over 100% P&T. 5 out of the six claims ive done have had to have supplemental claims filed. Every one of them was approved in supplemental with the same evidence. I always use the 38 CFR to make sure the wording is correct. I always take the part of the 38CFR with me and every single one of the C&P examiners pushes me off and writes their own mess and that's is the major issue.
Really? Thats the "major"mess? And you know this based on your personal years of experience practicing medicine and conducting C&P exams??
@@tfinn2700 I know this from my 20+ years of dealing with C&P examiners and knowing who is good and who is not. I have plenty of medical professionals, including nurses and Doctors, in my family.
Have a question:
I have been diagnosed (again) with a burnpit registry cancer. I never was in the sandbox in 91 or Afghanistan post 9-11;
But I was in Honduras in 89 and was a 51M Firefighter. I am in the burnpit/asbestos registry.
Will I be ok due to the exact cancer that is on the VA list or will deployment location knock me out?
This would put me at 100%. I’m currently 70% for PTSD..
Thanks Brothers for taking care of us
If you can show your condition came from your exposure, sure.
How does one get denied service connection but at the same time it says that there was an qualifying event, injury or disease during service and says you have been diagnosed with a disability during favorable findings? Thoughts
There are a billion scenarios coming out of this
They like to do that.
Exactly what I have been saying, personally I don’t see anything favorable about any of it. Seems like they are talking in circles and I can’t get anyone to give a good answer to this bilge.
MY CP EXAMINER PUT DIFFERENT INFO WHAT I TOLD HIM. HE PUT EVERYTHING IS NORMAL EVEN IF I TOLD HIM IT AFFECTED MY DAILY LIFE. HE LOW BALLED ME AND CHANGE THE DBQ INTO A NORMAL RESULY EVEN I HAVE TOO MANY ISSUES.
This is why we ALWAYS stress evidence instead of relying on C&P examiners.
Same thing happened to me. I’ve been going to the VA and having the symptoms noted. Also the VA is paying for Chiropractor care. I’m having an outside doctor and my Chiropractor write Nexus letters. Trying again. Gotta keep fighting for your benefits
@@chadperrizo135Is that the way ? I'm wiped out and confused by the process now, getting worse.
As long as I been keeping up with these videos across UA-cam that’s the first time I’ve heard this and obviously then explained.
If you are filing a claim for disability/ compensation does the VA verify your income/ job or do they only verify your income/ job if you’re filing for TDIU?
Short answer, yes.
Great video gentlemen
Why do they rate Gerd and ibs together when they are completely 2 separate conditions? Gerd is worse than bad heartburn lol. It's painfull, you can't eat, can't sleep, vomiting and it hurts like he'll on the left shoulder. One c&p exam I went to the nurse practitioner did not know what Gerd really was and reported that I had a cracked rib without an xray. It took them 8 months and I got a response from the VA stating that they made a mistake on my Gerd rating and they increased it from 10% to 30% and that took me over 100%. I'm still suffering from agent orange Exposure and I have cancer in my abdominal area and the VA is paying for the treatments but they refuse to let me claim it even with the pact act. They just keep telling me I need to show proof where I served in Vietnam, I wasn't even born then. I was Exposed when I served 11 years on Gulfport Mississippi CB base.
Good thing I'm at 100% now though
May 19th these will be separated.
Have Gerd IBS etc from a different toxic by not Pact Act CB base, how do we prove that.
Lets remember that your primary care doctor leaves and the veteran goes through a half a dozen primary care doctor, then let remember that if the veteran doesn't wants to be rated Non employable, rather needs to be rated selected, or handicapped, becausewe still should be able to work, even if its for four hours a day, for two or three days a week.
Thanks❤
Great info! Thank you!
In other words, that 38 CFR, read up and study. Take your notes with you into the C&P, and read off the symptoms exactly the way they are listed in the schedule of ratings. Too easy
Hello..ironically I'm rated 0% for my migraines, without going into the details ,I'm wondering the best approach. I've read the rating schedule, got it, and I should be rated well over 0%, but now that I'm more informed I'd like to get some help moving forward the right way. Thank you in advance..
I have migraines 5 to 8 times a month and im on medication to help prevent tge medication but the medication i take morning and evening i do not think they do anything for me and ive been telling them ive had the same amount of migraines since i was active duty in 2008. Im only rated at 30% now but im not going to challenge anything right now until the va drops me from 100% p&t
Do DBQ results carry same weight as provided private nedical records? Doctors dont always record everything that is shared, but CP examiner may be able to..
Question for anyone that may know.. I’ve been given an unbelievable amount of ibuprofen 800mg, which I take 2 at a time twice a day.. can that lead to gerd? Because I’ve gotten that heartburn really bad which I never had before. Can I get this service connected because of taking the ibuprofen for years???
It can but you’ll need a rock star C&P exam.
@@VeteransDaily how about getting my doc to say that it’s because of the ibuprofen is why I’m having serious heartburn along with this god awful pain in my sternum and that regurgitation?
I recently received a decision letter with two denials and four deferring claims. My question is based on the information you just provided. If the computer makes the initial decision based on the 38 CFR, then how does the claim end up deferred? Did the rater make that decision based on the computer input?
Does this system also apply to presumptive conditions under the Pact Act?
What is insufferable as waiting for the VA sooo long. I filed in January, had C&P exams in July for a couple of minor things, but my psychiatrist diagnosed PTSD from MST..
. With an LOD on file, tons of medical records... And I have heard nothing from them regarding this. I have not got a rating on the other ones, I'm not sure if they're waiting to do it all at once, but with the PTSD issue... Suffice it to say, it's hard not to conclude a lack of urgency, which takes the brain to bad places
Good job!
This “secret” adds to my theory that C&P contractors are making decisions as if they’re USG employees. Sure the VSR “accepts” the system recommendations but this also explains why HLRs & appeals are SO successful.
Can I copy the symptoms from the CFR 38 or a DBQ into a personal statement? Would this be a red flag to a rater or should you use language that's similar?
I thought the same thing, the exact symptom wording is exactly what they want to see. So absolutely have your doctor put those exact words down. Got me 30% IBS because those are my exact symptoms.
@@T-SimHi! Did you get your IBS claim as a Gulf War presumptive? Direct? Or as a secondary to something else you are connected? Thanks!
@@cidcampeador7922 GW Presumptive , I’m a Desert Storm and Iraq war veteran.
@@cidcampeador7922 I did GW and Toxic exposure exams at VA (environmental) and the C&P examiner noted that.
If you’re a veteran and you’re able to talk to your VA healthcare team. You’re very lucky I’ve been able to talk to VA employee in five years which means no medical no travel no clothing allowance.. tried to file for housing grant. Not allowed.
What is the number of the cfr and other regulation that I need
38 CFR and M21-1 are the foundation policies that guide VBA decision making on Veteran claims.
At the Board level, it gets a bit more complicated. If that’s you, you might want to consider an Accredited Attorney.
Does anyone know if community care doctors that are paid by VA (example psychiatrist) can refuse to fill out a DBQ for you, claiming their company won’t allow for it?
Where can I find the schedule of ratings ??
Google “(your condition) 38 CFR eCFR”
Example:
Mental health 38 CFR eCFR
I gave them medical evidence of being put in a splint and crutches that happened from a training exercise on active duty. 1 year after that incident, I needed a hip replacement. Denied. I have no faith in our system.
Why would the VA cancell my MH C&P with a FDC
If I applied under mental health condition A, denied and reapplied under B condition that doctors treated me under and ultimately given C rating but B backpay date. Is it worth fighting for 2 yrs on A since it was all within a year to keep fighting mental health?
By the way this put me to 100 so only fighting effective date if i do and whats best way to do it or leave it alone?
I have a completed FMLA form from my primary VA doctor for migraines 3x a month is that medical evidence
That is current medical evidence. Still need the in-service event.
@@VeteransDaily it’s secondary to my tinnitus
@@VeteransDaily Clay, as far as the FMLA paperwork goes, my PCP from VA diagnosed Anxiety disorder, PTSD and Depression per current conditions in Bluebutton report. FMLA paperwork is for LIFETIME as far as working (or not working) goes. She stated condition stems from early adulthood. This was my time in service, 18-25 years old. Also notes in BLUEBUTTON documentation that PTSD is from military service. Wouldn't this count as evidence? My STR are lost. I do have very specific events in OPNAV Command History aboard my Command ship from the Commanding Officer spanning 4 years of deployment. Even though my DD214 doesn't have it noted, there are several pieces of evidence documenting combat zone service. These cry specific events and evidence to me. Is this enough?
VA been doing this for years, the system learns from all the valuable information communicated by veterans, this is why the rules change all the time, you get close, the goal post moves...
I feel like the Oak Ridge Boyz are gonna start playing any moment
If any of this information different for someone Medboarding?
I’ve had C and P examiners, tell me that they don’t work for the VA. And seem oblivious
as to their purpose.
Because that is completely true
@@VeteransDaily kinda splittin hairs there boss
When it comes to service connection for migraines be sure to use the word "prostrating".
Nononono no x10,000 read the M21-1 as for the use of prostrating.
@@VeteransDaily I stated prostrating and they gave me 30%
It's no secret the exact same secret u are saying is on the narrative when u get the rating on how to get to the next higher rating. The recommendations are more like groupings if u have this many check marks then u fall under this percentage, to get this higher percent u need this. The VA tells u how to get to the next higher rating every single time
The ‘secret’ is referring to the software used for decisions when granting the % fed from the DBQ.
What's no secret is that you paid little to no attention to English composition when you were in school.
When the VSR keeps sending you to a Yale doctor for every C&P you need to see the the red flag something is wrong in your claim.
None of this matters without a nexus/event in service with records/evidence to prove it.
Gotta have the Big 3, absolutely. We preach the big 3 consistently.
A nexus can be achieved through a health provider’s opinion
Could you please make one of theses about Flat Feet
Well its not a secret anymore
If AI looks good the person doing the claim agree they should send it. But very bad for a veteran that has a full disability that the AI didn't see. BUT a disagreement claim after they rate. SHOULD go to the front of the line via first date submitted!!!!!!
Even if you get evidence theyd look at you like you are stupid.
Not quite….
Environment, War, Leads 2 Issues Plain and Simple.....🪖🇺🇲🪖🦀🏊♀️🌊💯👀💯🏊♀️🌊🦀🪖🇺🇲🪖
Your name is Jason? I had no idea😅😅😅
It could be very telling if the Vet comes across scripted.
Agreed. Which is another reason the evidence should support the testimony.
Are VA raters Veterans?
Good question ?
Not all, there are some veterans but they do not have to be veterans.
There are veterans, I was an VSR, Air Force Vet and we are not private contractors, we are Federal GS employees@@citylimitpowersportsllc5872
Honestly, you do not want veterans to be raters. Other vets are some of the biggest gatekeepers when it comes to the claims of other vets.
Personal biases come into play and you really want unbiased people applying the regulations fairly.
For example, you have a rater who did 10 years in the infantry with several combat deployments working now as a rater. This particular vet is at 70%. That veteran rater will not rate anybody over 70% because that veteran rater personally feels he should be at 100%. That rater will definitely downplay any claims from an air force vet who spent 4 years at a comfy duty assignment and destroyed their knee at a command picnic volleyball game. Even though the regulations would say they deserve 100%.
@@kevinhendrix8786That is a very good point. I have seen this first hand with friends of mine who have already gone through the process.
My VSOs say you don't need a personal statement, I asked them twice
You don’t and for some claims we recommend them 9/10 and for other claims we don’t recommend them.
Dude, I got the same advice and got a 0% back on the primary condition with CLEAR evidence that comports with the diagnostic code. Hopefully it will be rectified now that I've filed a supplemental with clearer evidence and a personal statement that ties every threshold in the diagnostic code to my provided evidence.
What I'll say about the VSO is I likely wouldn't have done it without him getting me started and I'm thankful for that. Aside from that, I think doing my homework, collecting evidence myself and laying it out in a clear and concise manner will, hopefully, get me at the appropriate rating.
I went to a C&P for vertigo. When I was called back I had a pretty intense Vertigo episode just as I was standing up to go. The exam we saw the event. I think I got my 30% right then.
gawwd i don't even want to take a peek at the workload of all the PACT act stuff
Job security for sure!
Who rates your va claims. The regional office.
My decision says “Service connection for allergic rhinitis (claimed as sinusitis) is granted with an evaluation of 10 percent .”
I thought the two were separate.
What is suggested to move forward to ensure I am rated for both conditions in this case?
Are you diagnosed with both? And they are.
Wish I seen this before my 3 C&P exams.
I did not bring a prepared note sheet with me. I thought that would be more natural.
I always forgot to give them an important piece of information. Then you kick yourself afterwards.
That beard gives me anxiety.
21-year vet here; what...!
Top sheet pencil whip negative opinion another denial all denials all day. Remember approval takes multiple employees meaning someone else will challenge ur approval so just lie n deny. Sop
Word play is very important
VA knows Veterans are Sick, How About Veterans start throwing People thru Windows 2 Get Help.....🦁🪖🦁🇺🇲🦀🌊🏊♀️💯🏊♀️🌊🦀🇺🇲🦁🪖🦁
Are these VRs ,Former Military Personnel.....🪖🇺🇲🪖👀🦀🌊🏊♀️🌊🦀👀🪖🇺🇲🪖