Don't Be LIED To About Statements In Support Of Veterans VA Disability Claims
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- Опубліковано 5 вер 2024
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- Clay
I currently have four claims pending on HLR-Duty to assist error….. Sad, because two of them had a DBQ and a psychiatrist letter. Just don’t get it! I had all the evidence they need, but here we are in another WAITING GAME! Delay, Deny, until you die! SMDH! Thanks Clay for all you do! I’ve learned a lot from your videos! Actually, when I fully retire in a couple of years I will volunteer time to the VA to help Veterans in all capacities. There are so many people out there needing help! Stay safe Brother!
Lots of denied claims are being reversed in the HLR appeal. Many more are being reversed in the appeals court (very long process) court reversals are around 75%.
IMO, Seems the initial reviewers are dropping the ball. Causing the remaining process to be derailed out of the gate, Even with overwhelming strong medical evidence they aren’t seeing it.
I think system (for the HLR) starts flagging them around the 120 day mark if a decision hasn’t been made, otherwise it hits the backlog status (which is what they don’t want). My HLR’s were decided about a week after the 120 day mark. I would expect it around that time period. Good luck.
Out of curiosity, did you also submit VA or private treatment records documenting your treatment for the condition you are applying for?
@@JohnB-dr8sk I use both if I have evidence from both. Of course in Direct Service Connected claims you need to include STR’s along with VA and private to show continued treatment and symptoms.
@@T-Sim Thanks for the reply but I was directing the question to Bargar78
Clay I just thought I'd let you know that last year I starting watch your videos and I took the "big 3 seriously" and it was smooth sailing for me after that. This week I was awarded 100% total and permanent, after finally realizing that all I needed was a diagnosis and just submit my in-service medical records. Sometimes, as veterans, we can get impatient. But with the big 3 you'll win your claim no problem
Big 3 always and thank you for sharing…AND CONGRATS!
- Clay
Personal statements and Buddy Letters are NOT replacements for a diagnosis. But they are significant in helping tell your story or have a witness documenting an in service event that caused your disability. This is where vets get confused. But statements are absolutely necessary when submitting claims imo to explain to the rater how it affects you in your daily life to reinforce and back up your medical evidence.
I disagree a personal statement for your muscleskeltal claim is a waste. I received 0% for lower back however I submitted a HLR and argued painful motion. I referenced 38 CFR 4.59 and M21-1 Part V, Subpart iii, Chapter 1, Section A.
• 38 CFR 4.59 reads in part “… the intent of the schedule is to recognize painful motion with joint as productive of disability.“
• M21-1 Part V, Subpart iii, Chapter 1, Section A titled Painful Motion and Functional Loss. This section states that painful motion should be considered in the disability rating even if the range of motion is not significantly limited. The presence of pain during movement should influence the rating. Importantly, it states that this rating may be assigned based on subjective evidence of painful motion and does not require objective proof.
Your personal statement is considered as “subjective proof.”
I got an increase from 0% to 10% based on my personal statement.
Yes, you have to sight, medical evidence not looked at and was submitted (make sure it wasn’t listed on decision letter) and then sight law. My denials in an HLR were also reversed, sighting both, and they ABSOLUTELY used my personal statements in the decision (they even mentioned it as one of the reasons for reversal). 4138’s IMO are a must.
I noticed that, during my appeals, I mentioned tests and such in my personal statement that the examiner never knew about and when they researched and found those test results it ended up making my case stronger and getting several things connected. It is shocking how many records I have had to take with me to show the examiner because they didn't have them from the VA,
Thank you for being upfront and honest. Bitter pills are gross but needed in order to keep you level headed. I knew I wanted to file, so I have medical documentation for each of the conditions I am seeking to service connect. I have lay statements and am buttoning up my personal statements before I file. I thank God I caught a video about filing an intent to file so I am good for 364 days to prepare my packets for each issue. I greatly appreciate your videos as they are a big help.
Hey thanks! Glad I could help you along with the process
- Clay
Agree that credible witness statements are no substitute for medical evidence but are critical for filling gaps of evidence (e.g. timeline of manifestation of symptoms, chronicity, severity, impact on social & employment, etc). Additionally, such statements should be written FOR consumption by attorneys/ judge on the board vice ratings specialists or even DROs.
Basically statements are effective in countering the now typical nonsense seen by contractors used to deny service connection.
Just my personal opinion as I’m FINALLY understanding that VA compensation is a legal matter vice medical.
Well said. All veterans have to submit a claim knowing that it might end up at the BVA or higher if things go haywire with a bad C&P examiner/rater mistake, etc. A well written statement can mean the difference at that level, as do credible buddy statements.
Hello, I'm currently serving in the military. Recently, a sleep specialist diagnosed me with Narcolepsy without cataplexy, a condition I wasn't aware of until my primary care doctor reviewed my notes after our appointment. Upon seeing the diagnosis in my records, I learned that Narcolepsy without cataplexy is disqualifying for military service.
I'm unsure about what this means for me. Will I be discharged from the Coast Guard? Do I need to do a med board? I also have questions about VA benefits and what steps to take next. Unfortunately, I'll have to wait until my next appointment to discuss this further with my doctor.
I'm seeking advice from anyone in the military who has been diagnosed with narcolepsy and subsequently disqualified. I would greatly appreciate any insights on what to expect or what steps to take next.
I just submitted 3 secondary claims with all my docs including 3 statements only to realize later that I submitted 2 increases for the conditions I wanted to file secondaries against 🤦🏾♀️ I called VA and my 3 statements explain my request for secondary claims so hopefully they're not diddly sqaut in this case 😂
This video a coincidence or because of my question in Discord? 😂 Keep the great content coming man!
Discord 😂 thank you for the idea and thank you for being a member!
- Clay
Cool beans. I also have a set of Migraines templates (among other's like CFS, Mental Health (PTSD, MST..etc) that are a bit more streamlined. For kicks, I built kind of an integrated system with alternative medical evidence process before even filing.
I did rate 50% for migraines and soon after, 100p&t . Afterward I thought "I can do this again with a number of combinations of med evidence.. lol". Good stuff.
Ok Clay, this is getting annoying 😅. How is it that you ALWAYS appear read my mind regarding a topic that I'm struggling with? It's like you're a pyschic or something.😂
Your kids are gonna have a hard time lying to you when they get older. For example, (Your kid)--Dad I didn't drive your car while you were out of town. (Your response)--"Uhhh yes you did because the EVIDENCE SUPORRTS and PROVES that you did! BTW...I don't care what lay statements you get from your brothers and/or sisters stating otherwise! Lay Statements don't mean crap to me unless they augment the evidence!" ❤❤❤❤❤❤😂😂😂😂😂😂😂😂😂❤❤❤❤❤
As always, I appreciate you, brother!!!
A rare occurrence that I kind of disagree with you…a little. I wrote statements for everything 40+ BDD Claims, and it helped in this way: it helped me present my medical evidence and tell my story to the C&P examiner. I had a lot of claims and have a short memory, so leaning on my written statement helped in my case. …so I guess I actually do agree with you (and you don’t suck)…
Ahhhh you’re at that awesome or sucks phase of your life… I remember those days 🤣
Highly recommend a diary of your symptoms. Especially for IBS and Migraines.
MY PTSD claim status states, it's in the "RO Research Center review" for a month so far. I had my C&P exam for PTSD and the doctor diagnosis me with PTSD . The VA has now just place it till July 7th. this would be the 3rd time they have pushed this out waiting for a response from the research center , how much longer will they continue to do this? my claim total 279 days ...
Hi Clay. Was trying to locate an email for you in reference to same day claims. I just confirmed with Vanessa Kane, with VFW convention contractor coordinator, that there will be 3 C&P mobile units. I'm waiting for confirmation on if there will be raters. If so, I'll send you her email so you can confirm.
Yes there will be raters. I spoke to their assistant director about this.
- Clay
@TheCivDiv looks like great minds...
I also received confirmation. This old broads will keep you updated with how it goes.
Don't give statements give affidavits that reflect your symptoms and the meds that you are taking for your claim pain is supported by statements from other people and yourself
Could a statement help stating training/deployments and complaints you made during training/deployments, if you have been denied a claim that had favorable findings?
At the HLR and BVA level, yes, a statement can definitely help. But....if you don't have any other evidence to back up the statement, it's going to be a tough battle.
Is it a good idea to use the word prostrating in a personal statement? Would that be a red flag to a rater or examiner?
Not a good idea. Prostrating is a M21-1 term not a medical term. Watch this: ua-cam.com/video/Vd9uqszmS1Q/v-deo.htmlsi=08g6T5UniVCMyu06
- Clay
I used that term in my personal statement, migraine log, and my commander used in a statement, and I was just awarded 50% a couple weeks ago, so in my case, a sample size of one, it certainly didn’t hurt.
@@AF-O6 Intresting. Dewayne Campbell from the KMD89 channel says to add it to your personal statement and he used to be a rater. If you have the evidence I'm trying to imagine a claim becoming less credible if you say the word prostrating.
What is good official website to find side effects from the meds I’m taking?
How long before you get back into your house? Aside from our differences of opinions knowing you have 4 children I hope soon.
It does not matter how solid a claim is if they are set on denying you. Some raters just look for a way to deny and do not care about evidence.
U are 1000 percent right !!!
Hello, I'm currently serving in the military. Recently, a sleep specialist diagnosed me with Narcolepsy without cataplexy, a condition I wasn't aware of until my primary care doctor reviewed my notes after our appointment. Upon seeing the diagnosis in my records, I learned that Narcolepsy without cataplexy is disqualifying for military service.
I'm unsure about what this means for me. Will I be discharged from the Coast Guard? Do I need to do a med board? I also have questions about VA benefits and what steps to take next. Unfortunately, I'll have to wait until my next appointment to discuss this further with my doctor.
I'm seeking advice from anyone in the military who has been diagnosed with narcolepsy and subsequently disqualified. I would greatly appreciate any insights on what to expect or what steps to take next.
I was in with a guy who got diagnosed with Narcolepsy. He was medically retired. From my understanding if the VA rating pays higher than medical retirement you will receive the higher paying of the two