VA Disability Approval: No In-Service Evidence Needed!
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- Опубликовано: 4 авг 2024
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Dr. Prashant Sharma - Psychiatrist
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- Jay
Where’s the merch storefront???
@@angellindebak7569 I’ll work on that 😂 if you’d like to purchase some Merch, send me an email with the subject line “Merch” and we can work that out.
thecivdiv@gmail.com
- Clay
Most of us have no evidence from service makes everything a whole lot harder
Private doctors. Tell them everything you experience and ask for copies of your records each visit. I did this for my own sake and 10 years later filed four claims and won all four.
That is true. If it was so easy to get disabilities without in-service evidence, VA would have to pay all entire veterans with unlimited budget.
@@hightoneshoneybadger7015damn 10 years?
@JoseGarcia-io2pr yeah I didn't have ANY knowledge of the VA process and was treated on my own until I stated watching these videos.
In the past, yes. But in general, the VA takes a more realistic approach now. The fact that most mitary members avoid sick call at all costs and even when we did go, treatment records were less than great, this now seems to be taken into account. They accept "secondary" evidence now
Meaning you might not have gone to med for ear issues, but your service record indicates you spent 3 years on a carrier flight deck, that can now be enough evidence.
So even if it is not in your med records, but you can pinpoint when the issue started and your other records support it, you will likely have some success in making a claim.
Thanks for this valuable information Bro. I am sure it will help other veterans regarding their claims.
Great video Jay!!!
Outstanding information Jay. Great job!
Glad it was helpful!
-Jay
Great job!
12 videos later, this one reminded me to subscribe. Thanks guys love the channel
Great info Jay!
Glad you enjoyed it!
-Jay
The start of the Empire
That’s the plan! Providing the best information possible and putting Veterans first.
- Clay
As Clay and perhaps Jay know, I am at 80% combined. I have a virtual C&P exam scheduled for PTSD on 29 September 2023. I saw a virtual MH psychiatrist out of VAMC Manila this past Friday who affirmed my PTSD and prescribed three medications to help alleviate symptoms. Like many vets, I gave up many years ago, but it finally hit me: I was depriving my family of income and other benefits which they, too, deserved. Jay hits the mark when he encourages vets to be persistent. I've been diligent on both of my claims and am confident about going from 80% to 100%.
I'm currently working on applying for benefits, but I'm living in Thailand. Do you recommend I use the Manila VA for this purpose or should I go back to the US for a few months to work on this?
@@shannonquinn8687 Yes, I would recommend VAMC Manila for a few reasons. First of all, flights to Manila or Angeles City are cheap compared to the U.S., especially if they are round trips. Second, once you have your claim in, and a C&P exam (or exams) completed, a VA Manila rater reaches a decision in 7 to 15 days. The U.S. rarely reaches a decision this quickly. Third, due to the low number of claims filed by vets, processing times are faster, For example, a physician with OTC denied two of my claims. I appealed and won in 10 days, moving from 20 to 40%. A subsequent exam (virtual() took me to 60% 10 days later.
All of this said, the VFW has posts throughout Thailand, and they located in Chiang Mai, Udon Thani, Korat, Bangkok, Pattaya and Ban Chang. Most expats at least go to Pattaya or nearby. What you could do is download your forms, collect your evidence, and have the VFW fax them to Manila. If your disability or disabilities forbid travel, DBQs from a private physician are now accepted at VAMC Manila. In the end, you could also could remain in Thailand and complete the entire process, but I'm cognizant of the fact that unless you're a resident, visas expire, so take everything into consideration.
Finally, Clay has my email, and I don't mind if he shares it with you so we can communicate. Putting it here might disrupt Clay and Jay's intentions, and besides, they are more informed and qualified than I am. I can only speak to my experiences with VAMC Manila, Dallas and Houston. Be smart, be honest, be persistent.
Good Luck brother, hope you have read the 38cfr for PTSD and All mntl hlth ratings.. I have a documented stressor in service, but my C &P Exam Doc and VA PSyc doc Diagnosed me with GAD & MDD, OCD, ADD and some other labels.. i think they knew it would fly easier than the PTSD route.. be ready to Roll with it,if they say you have other Mntl hlth Issue's.. My Advice.. You got this just be vulnerable and get mad or cry or whatever you usually do that shows what you live with..
That is a good question, the best advice I can give is to do it where you are most present. The thing about the VA is they are unpredictable as to when you will get exams; most of the time, you will get an email or a letter telling you when you have one with very little input. That said, unless you can fly back and forth from the States, I recommend doing it closest to your location.
-Jay
So they diagnosed you. Did they say it was service related? Even if they did they can’t share that with the C&P examiner
I have a gap between 2000-2012 because the medical facility destroys records, They saying it wasn't chronic. Like I have said before my buddy got rated foe his back and ankle with no medical evidence in civilian or service..
I’d caution comparing situations in any regard…never turns out good. So it sounds like you’re missing an in-service event and then of course the nexus? Do you have a current diagnosis and…what is this clarified claim for?
- Clay
@TheCivDiv. When are you going live brother. I have pertinent questions about my recent filing for the first time. I am awaiting to hear back but aside from the statements in support of claim. What do I need to do before their decision and a possible C&P exam? Nexus letter? If so, I need to speak to Dr. Shwarma. APTTMHY
I will try to have a live this Thursday at 7pm EST to replace my rescheduled stream with Quality Health Nurse Practitioners.
Stay tuned and keep tabs on live page here on RUclips.
A very close friend of mine is going through hell right now so everything has been refocused to support him and his family at the moment.
- Clay
@@TheCivDiv right on. Thanks for the response. Will be on the look out.
Wassup guys! Thanks for the info!How much are the nexus letters with the providers mentioned?
@@oxenhill107 depends on what disability and the complexity. As a planing factor I’d say $800.
- Clay
@@TheCivDiv that's waasup, thank you!
Had a C&P for knees 4 months ago, decision letter states "A higher evaluation of 20% is not warranted for flexion & extension" what would be my next course of action?
Great question! Could you look at the 38 CFR and see if your symptoms align with that rating. If you believe they do, you should go the DBQ or IMO route and submit a supplement claim.
-Jay
@@TheCivDiv Appreciate the advice!
Clay, I did not hear or see you or the other guy with the hat on backwards ever mention VA Fast Letter 10-35. If you have a MOS which is listed as being ''Highly Probable, or Moderate exposure to hazardous noise, then you have your service connection. Every Veteran filing for Tinnitus or hearing loss should be aware of this letter. There are also 2 very important cases cited. Read and know these cases explicitly. Stay tuned. I will give you some more advice. Oh, you can wear your hat anyway you like. My 8 year old great grandson wears his hat backwards. He is so adorable.
Tracking and here’s a video on MOS list posted on DKGVF’s channel.
ruclips.net/video/b1RLsRX62Eo/видео.htmlsi=59NDS02nQ7XiGO0A
To be technical, just because you have the MOS, doesn’t guarantee the service-connection. It certainly serves as the in-service event and is strong evidence…That also implies that MOSs not on this list does NOT take into account the environment in which that service member was exposed to.
Tbh, tinnitus isn’t a disability claim to harp on. Pretty EZPZ Lemon Squeezy.
- Clay
@@TheCivDiv You have to study the case law. I cannot explain the law to you in a few short sentences. It took me 3 years of law school and 40 years of practice. Tinnitus may only be 10% but it opens a big door.
@@johnholler3955 I am completely tracking…I promise. Most Veterans, and I’d argue 98% won’t require the need to look at case law in an appeal. Medical evidence will carry the weight.
The MOS is certainly evidence, pretty solid, too. So are deployments, exposure to certain environments, and a ton of others.
- Clay
@@TheCivDiv A final note on hearing loss. When you take the hearing test, don't be in a hurry to respond to the buzzing or beeping. Make sure you hear it clearly. I was told by my friend, who has 10 years as an examiner, that it seems like many veterans are trying to please the examiner. If you think you hear something, wait and confirm it. The first one may be your imagination. You are not there to please the audiologist and they are not predisposed to help you.
I have all kinds of evidence in my in service files there just lost, trashed or destroyed by the USMC. They are no where to be found. Not a fire related case.
That is the case for many vets out there, my father included. Lay statements can provide context, and nexus can provide connection, if you can use these things to build your case, you can gain traction with your claims.
Good luck brother!
-Jay
And medical evidence from your current VA doctor cannot be used on the compensation claim
Yes it can and it will…who told you this???
- Clay
@@TheCivDiv was told by the Va doctor that just diagnosed me with hearing loss and tinnitus. She said on the Va hospital side that they only treat the illness and the compensation side of the VA deals with the money. The two sides cannot share anything in order to remain non biased. I told her that’s crazy but she says the VA VHA and the VA C&P can’t share information. This is why when we file claims we have to have a C&P examination. She said that in order to file for hearing loss and tinnitus I will have to go through another hearing loss test with the C&P examiner.
@@TheCivDivjust responded. Also she said no VA DOC is going to write a nexus letter
Lack of evidence is my problem
Hi. What do you mean by lack of evidence? Do you mean the issues were not documented in your med records?
There are ways around that if your service records support your claim. A simple example, maybe you never bothered going to sick call for tinnitus, but your service records show you were in a high noise environment, the VA now takes that into account.
For more complicated issues, buddy or witness statements can also be used. Maybe you never went to sick call for a knee injury, but you have a former comrade who states they witnessed the incident, that will also work. Heck, even a statenent from a family member remembering you wrote a letter to them about the injury.
Don't give up on applying just because you do not think you have perfect evidence.
Absolutely! Many vets get into this mindset, and we have seen time and time again that without in-service evidence (although generally more complex), your claim can still be approved if you have the right approach!
-Jay
Two things. First of all, it is a ENT, not a EMT. Secondly, I never take anybody seriously, if they are wearing their hat backwards.
You’d really hate CivDiv then because Jay and I (Clay) both prefer to wear our hats backwards in the comfort of our homes - imagine that. Jay also said Ear Nose Throat…I think that gets the point.
Thanks for commenting, brother and SF.
- Clay
@@TheCivDiv I don't hate. That is wasted emotion. The comment was tongue in cheek. April Fool.
There's always that one person who stands out from among the sincere, perhaps out of jealousy, lack of ability to receive disability benefits, or maybe a perennial critic. Here's the deal, "friendo", you will not find a more informative, honest or even a veterans-related You Tube channel on the Internet. Let's take this matter seriously, as many veterans need encouragement rather than criticism. Jay did a great job hitting the high points. I'd hope that anyone with some semblance of intelligence would recognize this.
@@johnholler3955 no worries 😂 and thank you
- Clay
@@scottmollette9483 My intelligence puts anything you have to shame. Do you know what BT,MA, and JD stand for?Not likely. Take your ged and go home fool.