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Where can I find a 38 CFR report because I called the VA to get a copy of my past claims and decisions An thelady did not know what I was talking about
What I don’t understand is how the VA can take the word of a nurse practitioner that met me for 1 hour over the word of my treating MD specialist who’s been treating my problem for years.
It is rather obvious the Veterans Anonymous, aka, VA, is not legit and does not show that they really care for veterans, though they mouth these words so often…. Veterans care for veterans!
Have you reviewed the M21-1 which notes medical professionals they say and do the exams. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Not very likley that would happen, because your MD would carry more weight than a nurse practitioner. But if it did, an HLR with you pointing that out as an error would correct it.
This exact thing just happened to me. MD said arthritis, but NP C&P examiner said “strain”. Not a consulting physician or expert witness. NP was general practice only with only 5 years experience. My VSO is going for a HLR.
I just got my 100% using advice from this video , I had a nexus linking my sleep apnea to obesity due to my back and lower extremity issues, but the VA examiner went against my nexus. I filled a higher level review and spoke with them, and I used everything you said in this, and today they granted my 50% for sleep apnea and pushing me to 100% P&T you are the truth
Congrats. I'm so happy for you and thank you for the support to the channel and thank you for not giving up. Please leave me a Google review and let other veterans know how educational the video are: g.page/r/CSzYaeioT5vxEB0/review
Had a private ACTIONABLE and SUFFICIENT dbq filed with a increase (changed to a supplemental by the VA). No C&P exam requested and mentioned M21 and 38 cfr in personal statement (Form 4138) to utilize provided DBQ. Received a favorable decision 9 days from submitting April 2, 2024.
Good go, I have filed for increases also. They requested a C&P and I denied stating to rate off of my current privately submitted DBQ’s. Which have been looked over by professionals and are said to be actionable and sufficient. 3 months and still waiting.
There it is, many don't believe that can happen. Thanks for sharing. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Please shar on your social media so many more can see it. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Those nuggets are powerful, thanks for the support. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Glad it was helpful! Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Great content, Dewayne. I have a claim for OSA that is in HLR for a third time! The DRO agrees that the C&P examiner did not provide a sufficient opinion and they send it right back to the examiner who does the exact same thing over and over again, failing to address weight gain as an intermediate step between my sc injuries and osa. The VES doctors have gotten this 4 times and continue to skirt the question. I have asked that the rater/dro send it to a different company, but they keep sending it back to VES. I hope this insanity will end soon!
Thank you. They have to send it back to that examiner unless he/she leaves. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Good stuff. Congrats Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Any time! Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
I agree. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Dwayne I just bought your book. I hope many Veterans will benefit from me knowing this info and how I could do my part in helping them as a medical examiner.
You are very welcome. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Dewayne, thanks for posting this video. I am dealing with the same type of scenario for a skin condition appeal (supplemental claim). Just saw this video today, however I evoked the same principles that you noted- equipoise, reasonable doubt, weighing of evidence, probative value. The issue under review is the rating decision, not service connection. I cited the references you noted from the M21 and the 38CFR. I'm optimistic this will turn in my favor. The VA C&P exam yielded a lower rating, but my private DBQ should have yielded a higher rating. Private DBQ was actionable and sufficient. The evidence is in equipoise. They shouldn't be going against their own manual and regulations.
Your welcome. Some of them get caught up in their feelings and think vets can't read. I'm proving the blueprint, so don't ever give up and let them win. You got this. Thanks for sharing. Upcoming Webinar "Get Educated On The VA Compensation Claim Process Webinar" (COUPON CODE: WIN10). August 13th - 14th 6-8PM EST: va.kmd89.com/win-your-va-claim Tired of getting denied and ready to WIN your VA compensation claim. You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Hello and thank you Dewayne. Keep in mind that its possible that your CP exam is schedualed only for determining the level of rating and not the service connection. If your CP exam has a note that says " opinion not needed" then you have allready been service connected by yourt DBQ and the VA is only seeking more clarification on the level of impairment due to the disability. The equipoise rule applies here also but it becomes a bit more difficult because now we have to interpret the level of impairment declared by your DBQ and compare it to the lavel of impairment declared by the CP examiner, if a substasntial difference exists between the two a HLR or some other action may be neccesary from the Veterans side.
Thanks for sharing. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Any time! Upcoming Webinar "Get Educated On The VA Compensation Claim Process Webinar" (COUPON CODE: WIN10). August 13th - 14th 6-8PM EST: va.kmd89.com/win-your-va-claim Tired of getting denied and ready to WIN your VA compensation claim.
We have to stay educated on this process. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
I had this exact situation happen to me. I had 2 Nexus letters from my doctors. Plus, the va medical records. The still said they believed the examiner over my doctors. The guidelines are there, but they don't follow them.
You are correct, the guidelines are there and some of them do not follow them but the good news is that you know the guidelines they failed to follow. Now you can argue that as fact or law on an HLR. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Being older, low income Vet, hard to deal with complicated VA process. Still have to work! This claims process is basically like having a full time job! Shame on sending us to all these C& P exams, I was sent out of state, to the hood several times. Joke. I am done! The stress and unfairness is sickening.
Also going through this now. I denied the scheduled C&P for my mental health increase because I am comfortable with my physician and already am service connected. I submitted VA Form 214138. I’ll keep ya posted
38 CFR 3.326(b)(c). Good luck going forward. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Glad it was helpful! Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Hello Dewayne, this is why I am watching your new and referring back to some of the old videos as well, I'm scheduled for a C&P exam soon but I have elected not to attend this one because I have reviewed the DBQ and nexus letter of my treating physician and it is actionable and sufficient for rating purposes.
You can do an addendum on a VA Form 21-4138 and let them know you will be refusing an exam per 38CFR 3.326 (b)(c) due to the actionable and sufficient DBQ you submitted. That was a HUGE nugget. Thanks for the support. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
If you have everything in order.. Bring up the reasonable doubt rule. 38 CFR and M21 If you have equal / balanced evidence of positive and negative and the claim should have be resolved in your favor.
Thanks! Will do! Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Thanks for the support. Keep in mind each rater is different but the regulation is the same. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
My knowledge with the VA started with me reviewing BVA APPEALS 100's to about 1000 cases - With that knowledge the VA was still denying my claims but i moved on til i got that 💯 it took me a total of 24 months to get from10- 💯 should have been 4 months but the VA examiners and raters false statements stalled the quickness i learned there coded language to each other - here is a nugget once you get cervical radiculopathy or lumbar radiculopathy service connected 💯 PERCENT is so easy its like taking candy from a baby !!!
The major difference is that the average doctor is in the civilian care world and is completing a DBQ as an extra chore. They are usually naive to the fact that the VA is looking at the DBQ with animus and vitriol.
That's why the veteran has to make sure they know how the DBQ should be completed. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
DeWayne i just did DBQ with AES Services is there a way find out in advance what put in that DBQ, My VA Primary Doc Didn't want to Do DBQ for me she said it wasn't SC because i didn't get treated for it ...I was hospitalized with gastroenteritis in Air Force also i believe it to be a secondary causality do to medication taken for my PTSD and TBI both 70% rating it also effects my sleep
If you have a VSO/POA, they can look it up and tell you what the medical opinion. If you can get them on the phone or get a call back. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Thank you. The rationale supports the opinion in the nexus. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Not all the time but it should. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
I didn't say that. Every claim is different and depending on what you are doing with your claim and evidence summitted, there are regulations that VA employees can use it without scheduling an exam but many are not adhering to those regulations. I'm making veterans aware of what they can and can't do per VA regulations. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
I've been talking about this in some recent videos. Have you had a chance to review those videos. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/ The VA employee refusing to look at 38CFR 3.326 (b)(c)
Where is the DBQ, it's hard to say as I don't know who's looking at it. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Who told you that. I have a video on "they said" on my channel. If you feel you meet the criteria for the 100 percent, you have your answer. The person that told you about IU, did they tell you it is not a stand alone claim but a claim for increase in the S/C you claiming IU for and the possible pitfalls. Again, watch my video on "they said". Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
It's on the VA's website at va.gov. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
I have a question about the DBQs filed by the VA contractor. Would you recommend that I FOIA the exam results? I just had a C&P exam yesterday and they did six DBQs. The doctor seemed very proficient and worked through all of the DBQs, I still have one more C&P next week. Thank you for all of your great information.
Always submit a FOIA request to get all your information. Good luck with all your claims, stay in the fight and don't give up. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Thank for the support. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
I signed up for membership and bought your book. Haven't received any info for membership, how do I get info on access to all the resources. Purchased last month during 50 percent off. Thx
I literally saw a Mental DBQ where the private doctor marked off every block except 3 in the symptoms. 😭 RED FLAG! Some of these private doctors go overboard so the VA asks for another opinion therefore another exam.
A nurse practitioner or Physicians Assistant do not have the training or expertise compared to a doctor. PAs go through four years of undergraduate training. An Np goes through a 2 year program. A doctor attends 4 years of post graduate education plus years of residency. It is a slam dunk that the C&P examiners opinion means nothing except in the raters eyes. Remember, this entire process serves to under rate or deny. It's all about the $$$.
I interviewed someone back in February and they listed their contact information. You can reach out to them if you like. They have their own practice and separate from us as we are not medical professionals. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
my va psychiatrist is know among a few vets to be unnecarukt stingy with giving ptsd diagnosis. and she does not believe in non combat trauma and moral injury, I alleged she was involved in the vba denying me PTSD rating.. all denied.. and the VBA also mentioned in the report that i did not go to doctors appointments for my lung cancer.. of course not. my lung was removed 20 years before i started with VA and when I started with VA health I had copd from the loss of lung but i did not have cancer at the time. The rater is out of his/her mind.. no doctor visits for cancer of lung. madness..later on i got prostate/bladder cancer and all va records are there. how dumb can a rater be, mr vet you did not go to the doctor for something you did not know you had.
I appreciate you citing the guidelines but how they treat it in actuality is different. This is how they weigh it. Gives private evidence 10% weight and 90% weight to C&P examiners. The VA raters should know the guidelines so why are they forcing veterans to cite these guidelines back to them?
No problem. Many don't know it. That's the problem. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
In the last example of PTSd vs Depression, the VA is pretty stupid. Everything on the Depression side, including the Depression itself, are symptoms of PTSD. Therefore, this example is a really bad one. There could only be two possible reasons why someone would come up with such a diagnosis. If they were unqualified to make the diagnosis in the first place, or if they were intentionally falsifying the diagnosis in order to prevent the person from being awarded the claim!
Know the regulations and use them in your favor. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
There are raters with advanced degrees. Common sense plays a big role and I've went back and forth with doctors because they thought they where smarter than everyone else. thought The only thing we need from the examiner is to complete the exam and the raters take it from there. We have seen other doctors overturn doctors because they didn't know what they where doing. At the end of the day, it's about the veteran not the level of degrees.
Submitted HLR 1 week ago. It's still in National Que . rom C&P Exam 3 August 2024. IN SUMMARY, the evidence does show a temporary event, disease or injury in service. The service treatment records do contain temporary complaints, treatment, or diagnosis for this condition. However, the back pain in 1985 resolved and a 1993 medical examination revealed a normal spine exam. There is also no continuity of symptoms from service to the present over the next 30 years confirmed by the Veteran's XXXXXXX, KENNETH A Date of Birth: neurologist, Dr. Popli stating "His symptoms appear to have started in 9/2023 with lower back pain that radiated to his left leg and has increasingly become worse over the past year." After that, Dr. Popli's opinion is contradictory and speculative when states "It is more likely than not that his lumbar radiculopathy and peripheral neuropathy could be due to his prior active duty". In my opinion, there is no link between the claimed medical condition and military service. Established in 38 CFR § 3.307 38 CFR 303 (b) 38 CFR § 3.310 38 CFR §3.309 M21-1, Part V, Subpart iii, Chapter 1, Section C - Arthritis Article ID: 554400000014413 V.iii.1.C.2.b. Establishing SC for Degenerative Arthritis Degenerative arthritis is evaluated using 38 CFR 4.71a, DC 5003. Degenerative arthritis can affect multiple joints, and its cause is likely multi-factorial. When 38 CFR 4.71a, DC 5003 is assigned for an arthritic condition, every joint or group of joints affected by this disease is subject to service connection (SC) in the absence of an intervening cause. If it has been medically determined that the Veteran has service-connected (SC) degenerative arthritis, and not post-traumatic arthritis, there is no need for a medical opinion to establish SC for each affected joint. Once degenerative arthritis has been clinically diagnosed and SC has been properly established for one affected joint, establish SC for and evaluate each joint as it becomes affected, with x-rays used to verify involvement of individual joints. Note: In evaluating arthritis of the spine, the principles for establishing SC for joints affected by the subsequent development of degenerative arthritis (as contemplated under 38 CFR 4.71a, DC 5003) are not dependent on the choice of DC. Example: Veteran is SC for degenerative arthritis of the spine under 38 CFR 4.71a, DC 5242, and subsequently develops degenerative arthritis in the right elbow, with no intercurrent cause noted. In this case, the principles of establishing SC for arthritic joints, as contemplated in 38 CFR 4.71a, DC 5003, also apply even though the Veteran is rated under 38 CFR 4.71a, DC 5242. Thus, SC for arthritis of the right elbow may be established. STANDARD TITLE: C & P EXAMINATION NOTE DATE OF NOTE: OCT 03, 2024@09:00 1. Diagnosis ------------ 1A. List the claimed conditions that pertain to this questionnaire: bilateral knee condition/pain (Granted SC as degenerative arthritis 1994) 1B. Select diagnoses associated with the claimed condition(s) (check all that apply): [X] Other (specify) [X] Other diagnosis #1 Degenerative arthritis Side affected: [ ] Right [ ] Left [X] Both ICD code: == Date of diagnosis: Right SC Date of diagnosis: Left SC Summary in Fact is Service Connection has been established 1994.
@@DewayneKimble Yes, I know. Took Me 4 weeks or more to get the letter submitted for HLR. Part thats annoying is VA doctor statements end of service (1993) to the present over the next 30 years no continuity of symptoms. OK , called flare up or aggravated by service if manifested -Maybe 30 years- No time limit on chronic diseases. § 3.309. Second is VA doc's subjective statement "His symptoms appear to have started in 9/2023" Only one phrase here she doesn't like the time frame. So the neurologist Dr Popli only sees the current manifested degenerative arthritis that is SC in Diagnosis 1A and 1B. So My in service SC is claimed by medical evidence in Boot Camp on Kness-1977. Just wonder if I have a 50-50 chance senior review grant SC and make a supplemental review with another C&P exam. Thank you for reply, Much appreciated Dewayne. Have a nice Christmas.
@@DewayneKimble Yes. § 3.102 Reasonable doubt. Don't think a VA doctor will go with service connection on this alone. Not sure if rater's use this. and what chance will the HLR senior reviewer use this? Or this too approximate balance or equipoise? I didn't know how to use this in my current position. HLR filed a couple weeks ago. Can I update with use of reasonable doubt and balance of equipoise statements? Should I ask by VSO?
I submitted a fully developed DBQ with nexus for PTSD secondary to TBI (service connected) and told then to use that vs DBQ. They said mandatory C&P, that seemed odd as I did based on your previous video about denying a C&P and all the others were service connected in about 2 weeks. Is PTSD different than other claims? I got my C file and your book and all good except this PTSD. Confirming if that is true
In those videos, I talk about 38 CFR 3.326 (b)(c) and you have to ensure you have some look at your DBQ and nexus before submitting it. Also, in other videos I talk about how some VA employees are refusing vets DBQ's just because. Many vets miss that part. You have to know how to fight them. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
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Where can I find a 38 CFR report because I called the VA to get a copy of my past claims and decisions An thelady did not know what I was talking about
What I don’t understand is how the VA can take the word of a nurse practitioner that met me for 1 hour over the word of my treating MD specialist who’s been treating my problem for years.
It is rather obvious the Veterans Anonymous, aka, VA, is not legit and does not show that they really care for veterans, though they mouth these words so often…. Veterans care for veterans!
Your doctor likely does not know the key words and tricky phrases that the VA raters like to see. The C&P examiners are trained to do so.
Have you reviewed the M21-1 which notes medical professionals they say and do the exams. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Not very likley that would happen, because your MD would carry more weight than a nurse practitioner. But if it did, an HLR with you pointing that out as an error would correct it.
This exact thing just happened to me. MD said arthritis, but NP C&P examiner said “strain”. Not a consulting physician or expert witness. NP was general practice only with only 5 years experience. My VSO is going for a HLR.
I just got my 100% using advice from this video , I had a nexus linking my sleep apnea to obesity due to my back and lower extremity issues, but the VA examiner went against my nexus. I filled a higher level review and spoke with them, and I used everything you said in this, and today they granted my 50% for sleep apnea and pushing me to 100% P&T you are the truth
Congrats. I'm so happy for you and thank you for the support to the channel and thank you for not giving up. Please leave me a Google review and let other veterans know how educational the video are: g.page/r/CSzYaeioT5vxEB0/review
@@DewayneKimble definitely you are the man
Had a private ACTIONABLE and SUFFICIENT dbq filed with a increase (changed to a supplemental by the VA). No C&P exam requested and mentioned M21 and 38 cfr in personal statement (Form 4138) to utilize provided DBQ. Received a favorable decision 9 days from submitting April 2, 2024.
Good go, I have filed for increases also. They requested a C&P and I denied stating to rate off of my current privately submitted DBQ’s. Which have been looked over by professionals and are said to be actionable and sufficient. 3 months and still waiting.
There it is, many don't believe that can happen. Thanks for sharing. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
This is incredible! Congrats!!
Share your secrets!!!!!!!!!
Congratulations ❤
EVERY VETERAN NEEDS TO SEE THIS VIDEO!!!!!!!!!
Please shar on your social media so many more can see it. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Love your videos and your nuggets!
Those nuggets are powerful, thanks for the support. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
THANK YOU SO MUCH!!!!!!! this is my case im fighting. I really needed this information and the CFR to look at.
Glad it was helpful! Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Great content, Dewayne. I have a claim for OSA that is in HLR for a third time! The DRO agrees that the C&P examiner did not provide a sufficient opinion and they send it right back to the examiner who does the exact same thing over and over again, failing to address weight gain as an intermediate step between my sc injuries and osa. The VES doctors have gotten this 4 times and continue to skirt the question. I have asked that the rater/dro send it to a different company, but they keep sending it back to VES. I hope this insanity will end soon!
Thank you. They have to send it back to that examiner unless he/she leaves. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Thanks for the info. Just awarded claim based on 38 CFR 3.310.
Good stuff. Congrats Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Thanks again for this solid information.
Any time! Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
As always true knowledge concerning your VA claims, so forward with facts and you shall win.
I agree. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Dwayne I just bought your book. I hope many Veterans will benefit from me knowing this info and how I could do my part in helping them as a medical examiner.
Thank you for the support on the book. Many have shared they have had success after they read it.
Thank you for these. This is clarifying a lot of information that i have going for my case.
You are very welcome. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Dewayne, thanks for posting this video. I am dealing with the same type of scenario for a skin condition appeal (supplemental claim). Just saw this video today, however I evoked the same principles that you noted- equipoise, reasonable doubt, weighing of evidence, probative value. The issue under review is the rating decision, not service connection. I cited the references you noted from the M21 and the 38CFR. I'm optimistic this will turn in my favor. The VA C&P exam yielded a lower rating, but my private DBQ should have yielded a higher rating. Private DBQ was actionable and sufficient. The evidence is in equipoise. They shouldn't be going against their own manual and regulations.
Your welcome. Some of them get caught up in their feelings and think vets can't read. I'm proving the blueprint, so don't ever give up and let them win. You got this. Thanks for sharing. Upcoming Webinar "Get Educated On The VA Compensation Claim Process Webinar" (COUPON CODE: WIN10). August 13th - 14th 6-8PM EST: va.kmd89.com/win-your-va-claim Tired of getting denied and ready to WIN your VA compensation claim. You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
@@DewayneKimble Thank you! I’ll be sure to post the outcome.
Hello and thank you Dewayne. Keep in mind that its possible that your CP exam is schedualed only for determining the level of rating and not the service connection. If your CP exam has a note that says " opinion not needed" then you have allready been service connected by yourt DBQ and the VA is only seeking more clarification on the level of impairment due to the disability. The equipoise rule applies here also but it becomes a bit more difficult because now we have to interpret the level of impairment declared by your DBQ and compare it to the lavel of impairment declared by the CP examiner, if a substasntial difference exists between the two a HLR or some other action may be neccesary from the Veterans side.
Thanks for sharing. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Thanks again bro! This information was a gold mine .
Any time! Upcoming Webinar "Get Educated On The VA Compensation Claim Process Webinar" (COUPON CODE: WIN10). August 13th - 14th 6-8PM EST: va.kmd89.com/win-your-va-claim Tired of getting denied and ready to WIN your VA compensation claim.
Always, informative and straight to the point. Powerful and invaluable information!
We have to stay educated on this process. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
I had this exact situation happen to me. I had 2 Nexus letters from my doctors. Plus, the va medical records. The still said they believed the examiner over my doctors. The guidelines are there, but they don't follow them.
It would help if you quote the regulation, M21 reference and/or case law.
@dwaynejones1555
I sent them multiple cases also that I had found... they didn't care...
You are correct, the guidelines are there and some of them do not follow them but the good news is that you know the guidelines they failed to follow. Now you can argue that as fact or law on an HLR. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Being older, low income Vet, hard to deal with complicated VA process. Still have to work! This claims process is basically like having a full time job! Shame on sending us to all these C& P exams, I was sent out of state, to the hood several times. Joke. I am done! The stress and unfairness is sickening.
@@JeannyWantschangeDon’t give follow the steps of these videos if you need help get it but don’t give up
Excellent video, thanks Dwayne 🙌🏽
Very welcome.
Also going through this now. I denied the scheduled C&P for my mental health increase because I am comfortable with my physician and already am service connected. I submitted VA Form 214138. I’ll keep ya posted
38 CFR 3.326(b)(c). Good luck going forward. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
So glad you made this video this is the question I've been asking myself for so long
Glad it was helpful! Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Hello Dewayne, this is why I am watching your new and referring back to some of the old videos as well, I'm scheduled for a C&P exam soon but I have elected not to attend this one because I have reviewed the DBQ and nexus letter of my treating physician and it is actionable and sufficient for rating purposes.
You can do an addendum on a VA Form 21-4138 and let them know you will be refusing an exam per 38CFR 3.326 (b)(c) due to the actionable and sufficient DBQ you submitted. That was a HUGE nugget. Thanks for the support. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
If you have everything in order..
Bring up the reasonable doubt rule. 38 CFR and M21 If you have equal / balanced evidence of positive and negative and the claim should have be resolved in your favor.
Great info Brother, keep em coming! 🫡
Thanks! Will do! Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Breaking it down Barney style for us Yessssssss I'm down with that . 😊
Thanks for the support. Keep in mind each rater is different but the regulation is the same. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
My knowledge with the VA started with me reviewing BVA APPEALS 100's to about 1000 cases - With that knowledge the VA was still denying my claims but i moved on til i got that 💯 it took me a total of 24 months to get from10- 💯 should have been 4 months but the VA examiners and raters false statements stalled the quickness i learned there coded language to each other - here is a nugget once you get cervical radiculopathy or lumbar radiculopathy service connected 💯 PERCENT is so easy its like taking candy from a baby !!!
The major difference is that the average doctor is in the civilian care world and is completing a DBQ as an extra chore. They are usually naive to the fact that the VA is looking at the DBQ with animus and vitriol.
That's why the veteran has to make sure they know how the DBQ should be completed. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
DeWayne i just did DBQ with AES Services is there a way find out in advance what put in that DBQ, My VA Primary Doc Didn't want to Do DBQ for me she said it wasn't SC because i didn't get treated for it ...I was hospitalized with gastroenteritis in Air Force also i believe it to be a secondary causality do to medication taken for my PTSD and TBI both 70% rating it also effects my sleep
If you have a VSO/POA, they can look it up and tell you what the medical opinion. If you can get them on the phone or get a call back. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Great info Dwayne! Wouldn’t the same rationale apply to a medical opinion/nexus?
Thank you. The rationale supports the opinion in the nexus. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Yes! But gets fixed on higher level review in my case.
Not all the time but it should. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
So you do not have to go to a CMP exam?
I didn't say that. Every claim is different and depending on what you are doing with your claim and evidence summitted, there are regulations that VA employees can use it without scheduling an exam but many are not adhering to those regulations. I'm making veterans aware of what they can and can't do per VA regulations. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
I submitted DBQ and nexus from my private provider and VA scheduled an ACE exam. Any idea why they would do that?
I've been talking about this in some recent videos. Have you had a chance to review those videos. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/ The VA employee refusing to look at 38CFR 3.326 (b)(c)
Is it a good sign when you submit IMO from a private doctor and the claim is pushed to the final decision stage without a C&P exam being scheduled?
Where is the DBQ, it's hard to say as I don't know who's looking at it. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Im 90% static i told to file for iu rather than fight for 100 p& t would do u think
Who told you that. I have a video on "they said" on my channel. If you feel you meet the criteria for the 100 percent, you have your answer. The person that told you about IU, did they tell you it is not a stand alone claim but a claim for increase in the S/C you claiming IU for and the possible pitfalls. Again, watch my video on "they said". Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Do they approved when they shant
Not understanding the question.
I got a question where do I find a 38cfr report so I can read it
It's on the VA's website at va.gov. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
I have a question about the DBQs filed by the VA contractor.
Would you recommend that I FOIA the exam results?
I just had a C&P exam yesterday and they did six DBQs. The doctor seemed very proficient and worked through all of the DBQs, I still have one more C&P next week.
Thank you for all of your great information.
Always submit a FOIA request to get all your information. Good luck with all your claims, stay in the fight and don't give up. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Facts 💪🏽💯
Thank for the support. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
I signed up for membership and bought your book. Haven't received any info for membership, how do I get info on access to all the resources. Purchased last month during 50 percent off. Thx
You should have received an email but email me at info@kmd89.com and I can get you set up.
I literally saw a Mental DBQ where the private doctor marked off every block except 3 in the symptoms. 😭 RED FLAG! Some of these private doctors go overboard so the VA asks for another opinion therefore another exam.
A nurse practitioner or Physicians Assistant do not have the training or expertise compared to a doctor. PAs go through four years of undergraduate training. An Np goes through a 2 year program. A doctor attends 4 years of post graduate education plus years of residency. It is a slam dunk that the C&P examiners opinion means nothing except in the raters eyes. Remember, this entire process serves to under rate or deny. It's all about the $$$.
Thanks
Hello, Dwayne
I need a nexus letter. Would you be so kind as to give me the contact information for your med team
I interviewed someone back in February and they listed their contact information. You can reach out to them if you like. They have their own practice and separate from us as we are not medical professionals. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
my va psychiatrist is know among a few vets to be unnecarukt stingy with giving ptsd diagnosis. and she does not believe in non combat trauma and moral injury, I alleged she was involved in the vba denying me PTSD rating.. all denied.. and the VBA also mentioned in the report that i did not go to doctors appointments for my lung cancer.. of course not. my lung was removed 20 years before i started with VA and when I started with VA health I had copd from the loss of lung but i did not have cancer at the time. The rater is out of his/her mind.. no doctor visits for cancer of lung. madness..later on i got prostate/bladder cancer and all va records are there. how dumb can a rater be, mr vet you did not go to the doctor for something you did not know you had.
Thanks for sharing.
I appreciate you citing the guidelines but how they treat it in actuality is different.
This is how they weigh it. Gives private evidence 10% weight and 90% weight to C&P examiners.
The VA raters should know the guidelines so why are they forcing veterans to cite these guidelines back to them?
Because most of them are worthless and don't have a clue on how to do their jobs.
No problem. Many don't know it. That's the problem. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
In the last example of PTSd vs Depression, the VA is pretty stupid.
Everything on the Depression side, including the Depression itself, are symptoms of PTSD.
Therefore, this example is a really bad one.
There could only be two possible reasons why someone would come up with such a diagnosis. If they were unqualified to make the diagnosis in the first place, or if they were intentionally falsifying the diagnosis in order to prevent the person from being awarded the claim!
Apparently so. 🤦♂️
Know the regulations and use them in your favor. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Physician vs Rater. 8 years of medical education vs a high school graduate.
There are raters with advanced degrees. Common sense plays a big role and I've went back and forth with doctors because they thought they where smarter than everyone else. thought The only thing we need from the examiner is to complete the exam and the raters take it from there. We have seen other doctors overturn doctors because they didn't know what they where doing. At the end of the day, it's about the veteran not the level of degrees.
Submitted HLR 1 week ago. It's still in National Que . rom C&P Exam 3 August 2024. IN SUMMARY, the evidence does show a temporary event, disease or injury in service. The service treatment records do contain temporary complaints, treatment, or diagnosis for this condition. However, the back pain in 1985 resolved and a 1993 medical examination revealed a normal spine exam. There is also no continuity of symptoms from service to the present over the next 30 years confirmed by the Veteran's
XXXXXXX, KENNETH A Date of Birth:
neurologist, Dr. Popli stating "His symptoms appear to have started in 9/2023 with lower back pain that radiated to his left leg and has increasingly become worse over the past year." After that, Dr. Popli's opinion is contradictory and speculative when states "It is more likely than not that his lumbar radiculopathy and peripheral neuropathy could be due to his prior active duty". In my opinion, there is no link between the claimed medical condition and military service. Established in 38 CFR § 3.307 38 CFR 303 (b) 38 CFR § 3.310 38 CFR §3.309
M21-1, Part V, Subpart iii, Chapter 1, Section C - Arthritis
Article ID: 554400000014413
V.iii.1.C.2.b. Establishing SC for Degenerative Arthritis
Degenerative arthritis is evaluated using 38 CFR 4.71a, DC 5003. Degenerative arthritis can affect multiple joints, and its cause is likely multi-factorial.
When 38 CFR 4.71a, DC 5003 is assigned for an arthritic condition, every joint or group of joints affected by this disease is subject to service connection (SC) in the absence of an intervening cause.
If it has been medically determined that the Veteran has service-connected (SC) degenerative arthritis, and not post-traumatic arthritis, there is no need for a medical opinion to establish SC for each affected joint.
Once degenerative arthritis has been clinically diagnosed and SC has been properly established for one affected joint, establish SC for and evaluate each joint as it becomes affected, with x-rays used to verify involvement of individual joints.
Note: In evaluating arthritis of the spine, the principles for establishing SC for joints affected by the subsequent development of degenerative arthritis (as contemplated under 38 CFR 4.71a, DC 5003) are not dependent on the choice of DC.
Example: Veteran is SC for degenerative arthritis of the spine under 38 CFR 4.71a, DC 5242, and subsequently develops degenerative arthritis in the right elbow, with no intercurrent cause noted. In this case, the principles of establishing SC for arthritic joints, as contemplated in 38 CFR 4.71a, DC 5003, also apply even though the Veteran is rated under 38 CFR 4.71a, DC 5242. Thus, SC for arthritis of the right elbow may be established.
STANDARD TITLE: C & P EXAMINATION NOTE DATE OF NOTE: OCT 03, 2024@09:00
1. Diagnosis ------------
1A. List the claimed conditions that pertain to this questionnaire: bilateral knee condition/pain (Granted SC as degenerative arthritis 1994)
1B. Select diagnoses associated with the claimed condition(s) (check all that apply): [X] Other (specify) [X] Other diagnosis #1 Degenerative arthritis Side affected: [ ] Right [ ] Left [X] Both ICD code: ==
Date of diagnosis: Right SC Date of diagnosis: Left SC
Summary in Fact is Service Connection has been established 1994.
There is a lot to unpack here. I was not able to go through all of the regulations you provided.
@@DewayneKimble Yes, I know. Took Me 4 weeks or more to get the letter submitted for HLR.
Part thats annoying is VA doctor statements end of service (1993) to the present over the next 30 years no continuity of symptoms. OK , called flare up or aggravated by service if manifested -Maybe 30 years- No time limit on chronic diseases. § 3.309. Second is VA doc's subjective statement "His symptoms appear to have started in 9/2023" Only one phrase here she doesn't like the time frame. So the neurologist Dr Popli only sees the current manifested degenerative arthritis that is SC in Diagnosis 1A and 1B. So My in service SC is claimed by medical evidence in Boot Camp on Kness-1977.
Just wonder if I have a 50-50 chance senior review grant SC and make a supplemental review with another C&P exam.
Thank you for reply, Much appreciated Dewayne. Have a nice Christmas.
@@DewayneKimble Yes. § 3.102 Reasonable doubt. Don't think a VA doctor will go with service connection on this alone. Not sure if rater's use this.
and what chance will the HLR senior reviewer use this?
Or this too approximate balance or equipoise? I didn't know how to use this in my current position. HLR filed a couple weeks ago. Can I update with
use of reasonable doubt and balance of equipoise statements? Should I ask by VSO?
I submitted a fully developed DBQ with nexus for PTSD secondary to TBI (service connected) and told then to use that vs DBQ. They said mandatory C&P, that seemed odd as I did based on your previous video about denying a C&P and all the others were service connected in about 2 weeks. Is PTSD different than other claims? I got my C file and your book and all good except this PTSD. Confirming if that is true
In those videos, I talk about 38 CFR 3.326 (b)(c) and you have to ensure you have some look at your DBQ and nexus before submitting it. Also, in other videos I talk about how some VA employees are refusing vets DBQ's just because. Many vets miss that part. You have to know how to fight them. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/