What Does A PERFECT VA Disability Claim Look Like?
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- Опубликовано: 13 июн 2023
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- Clay
You are such a big help!!! Thank you so much for taking time to help us VETS... I really appreciate what you do.
Thank YOU for watching!!
- Clay
100% solid info. The fact that you can download the DBQ's blew my mind. I am in the middle of a couple of appeals and considering a new claim and I assure you I will be downloading the DBQ for any new C&P exam to review before hand
This x1000!!!!!
I’d also add looking at 38 CFR for how your condition is rated by %
- Clay
As usual Clay the information that you have provided is gold! Thank you, sir.
Thank you!!
- Clay
Thanks Clay for an excellent content. Keep up the great work.
TYSM!!
- Clay
Another hitter! Clay, you are golden in this era of scams. I approve this message. APTTMHY
Thank you for your service and the information you give us veterans I just spent $200 to get a review of my claim before i submitted it
Who is charging $200 to ‘review a claim’???
- Clay
Thank you for these videos, they are helpful.
Thank YOU!
- Clay
Thanks for this valuable content brother.
Thank YOU!
- Clay
Thanks!
Oh my goodness!!! Thank you so much! All donations to the channel will be put right back into the channel and other Veteran Organizations.
- Clay
You always have great info. Thnks
Hey thanks! This is a tedious process to submit claims but if done properly, it makes the VAs job a whole lot easier (and faster)
- Clay
Somewhere around 5:10 you said there are only 2 reasons you’d ask a private provider to fill out a DBQ. I’ll give you a third very important (albeit rare) reason: you’re a veteran who lives in a foreign country with no access to VA facilities and care. I live in France, so my GP ended up writing my nexus letters (which I had translated officially) and signed my DBQs. The VA has not had any problem with them so far. In fact, last week I got a letter from them saying I may be eligible for 100% due to unemployability, but they just needed a 21-8940 (which I obviously sent ASAP).
This is a solid addition and thank you for sharing
- Clay
Hey, I really like your videos, could you make a video dedicated to active soldiers who are still in service and need information on what to do to create a medical record that helps us get the percentage we deserve.
We are about to ETS and we are lost. Thank you for your time! ❤👌💪
Watch this
ruclips.net/video/dj_sBJcdY-U/видео.html
To create a medical trail while in service all you need to do is go to medical and complain about whatever hurts. Think of everything from mental health, migraines, physical pain, and everything in between.
- Clay
All great save for one important thing: I've been waiting over two years for my military health records and my personnel records. Huge backlog!
C-File FOIA request from the VA? They take about 6-9 months.
- Clay
@@TheCivDiv I did that and still nothing. Even called the National Archives. Line is always busy. Anyway, I filed a supplementary claim and a separate fully developed claim (Pact Act) along with migranines and asthma. Paid out-of-pocket through a private hospital and received two Nexus letters. My C&P is June 17th, after a 5-month wait. Thanks for the tip. I'll be filing again so I'll continue to subscribe.
This does work. But I've done this. And they still had the vaheadupass moments. Excellent information though bro.
Thanks and there are tons of factors that go into.
- Clay
Great Information! My claim is built this way. I put everything in the pdf with a table of contents as the first page. Second section DBQ, and third IMO/Nexus. Fourth section medical evidence and list of all my medications prescribed. Fifth section personal statement with a VA form 21-4138 and last is the lay statement on VA form 21-10210. I built a separate pdf for every claim . Just for transparency I am doing two increase and four secondary claims. What do you all think is this the correct order or should I submit personal and lay statements separately?
SOLID!! I’d put those at the end of your files as last. Statements are self-reporting and definitely don’t equate to medical evidence.
- Clay
Do i need a diagnosis from within the last year if im filing an increase? Its already service connected and was diagnosed 10 years ago. I hadnt really thought of trying to get an increase until about a year ago, because my conditions are making nearly impossible to work. I have been getting treatment throughout the years. Probably not as much as i should have though.
All you need is here: ruclips.net/video/GJ9z4Py1jmM/видео.htmlsi=juBi3yeakvZrZTH1
- Clay
Thanks for all you do sir. I just referenced your videos around an FDC claim and could not find an answer to this. I sent in my FDC recently using ALL the tools you taught in your videos , My FDC included a great Nexus letter, personal statement, in-service event medical documentation, all x ray and mri reports and office visits (va and private) and all medical evidence with diagnosis for my disability. Someone told me recently that all i submitted was great; BUT being that I could not get my private Dr. to do a DBQ for me, the absence of a DBQ from my FDC will now knock it out of FDC status and it is going to get a special indicator called FDC Excluded!
Is this true? It seems counter to anything you have ever taught us. Your feedback would be appreciated.
Thanks for info. Your videos are great. My question is, my STR is over 30 years old, and I do have 9 entries of lower back pain, and there's two entries in my retirement exam that state I have chronic LBP (Lower Back Pain), would I be able to say my back pain is service related?
P.S. My STR has to be searched manually due to the age, can I just submit copies of entries?
Yes you can and yes the VA can argue ‘chronic and continuous’. I wouldn’t even worry about that unless you’re denied.
- Clay
@@TheCivDiv Awesome. Thanks for the quick reply.
Hi Clay, I referenced this on a different video, but here is my question. I am currently 50% with 30% for Afib and 30% for Migraine. I have been taking Metoprolol for the Afib since 2003. In 2005 I started getting signs of Insulin Resistance and later Diabetes Type II. I have found a few medical studies showing up to a 24% increase in new onset Type II DM or Insulin Resistance. I am currently working with private Dr who is going to write me a Nexus Letter, but I would really like to find some case law to include. Do you have any recomendations on where to find the case law and how to search. Thanks again for what you do here.
I don’t know if any off the top of my head but what I would recommend is to use Google advance search and use the same key words here and you’ll find appeals within the VA and can read those transcripts. FYI this will take some digging.
- Clay
@@TheCivDiv Thanks for your help.
First!
Welcome and congrats! 😂
- Clay
I didn’t think VA doctors from foreign countries have medical degrees
I’m not sure about this one but I certainly hope so. Can anyone confirm/deny this?
- Clay
If im receiving compensation for Migraines & Depression. Do i have to continue the VA video calls with Social Worker for Depression?
I always reorder medication for Migraines when i run out but do i have send a message to my VA ENT every time i have a Migraine so i dont get reduced?
Health care is NOT required when receiving compensation HOWEVER!!! seeking care (not only for your health) will maintain and build medical evidence for your claims especially if they’re not considered static disabilities.
- Clay
Is it a good idea to get a nexus letter from both your VA primary doc and the specialist, in this instance a chiropractor or orthopedic surgeon - to strengthen the case and force the rater's hand?
Good video as usual.
Tbh a Chiropractor is basically nothing unless for some reason they’re an MD on the side???
Regardless, when you have to opinions as long as they don’t contradict each other. Your Ortho will carry the weight.
- Clay
What if you were denied years ago for not being service connected but now after receiving your strs, it’s there? Can I get backpay from that date? Do I still file it as supplemental? Do I need a nexus?
Something is off here and if you’d like, send me the decision letter and whatever evidence you have from your STRs that show evidence of Sleep Apnea.
- Clay
@@TheCivDiv it’s for lower back. I applied in 17 and got denied but I didn’t have my strs when I knew it was there.
@@shaheedmuhammad-black1966 email thecivdiv@gmail.com
- Clay
How can I sign up with you for a review? Use very much like to speak to you about my claim. I recently filed after 30-years and claim is Siri under review and need to know my next steps.
I believe I emailed you and this came up during the discussion? If not, email me.
- Clay
Is it critical to have each disability on the problem list or is treatment notes enough when it comes to filing a disability claim? I have treatment at the VA for some of disabilities but they are not on the problem list.
You need to have at a minimum an in-service event (medical evidence or evidence other than medical) and a current diagnosis (or documented symptoms leading to a diagnosis.
- Clay
@@TheCivDiv Thanks
If your using a private doctor, is it necessary to report any diagnoses or medical changes to the VA doctors prior to submitting a claim so the raters can see it in the Veterans Health Administrative system or just worry about submitting those private records with your claim?
If you don’t give the VA those records or, give the VA access to those records then it will be as if ‘that’ never happened. So to answer your question…it’s your choice.
My counter question is…does ‘that’ evidence support your claim? If so, send it.
- Clay
@@TheCivDiv Juat so I understand submitting supporting evidence from non VA doctors with my claim should be enough? For example if I get an MRI that supports my claim from a non VA facility is it recommended to get that information to my PCP at the VA so they can get it into my VA records or skip that step and submit that MRI report to with my claim only?
If your disability is already service connected with the VA, do you need a nexus? Would a DBQ be sufficient?
NEXUS is not required if you already have service-connection. A nexus links 1 thing to another. I assume you’re wanting to increase one of your disabilities because the condition has gotten worse.
In that case, submit an increase. DBQ not required and I wouldn’t pay for a DBQ or an increase. There is an argument that if it’ll push a 90% to 100% then it’s worth it, and I get that, but I still wouldn’t recommend it. It’s not wrong if you go that route, though.
- Clay
@@TheCivDiv thank you. That is exactly what I am doing now. Submitted for an increase 5 months ago. Claim is still pending. Appreciate the videos brother.
I went from 40% (lumbosacral) to 80% (Bilateral arthritis hips & knees), and have four 0% (ROM) conditions, all service-connected. I'm being treated by a VA pain management doc who has connected my depression and anxiety to the lumbo. The increase happened after we started treatment. Surely, he should have enough service-connected conditions to tie them all together. Right?
I am so confused by this I think we are mixing up words. Are you asking if your mental health ‘could’ be connected to your service-connected disabilities? If so, yes, it could. You would need to prove how your pain/lack of movement causes you to have mental health.
Have you been diagnosed with any mental health ailment?
- Clay
@@TheCivDiv yessir. I'm currently undergoing treatment and am prescribed meds for depression and anxiety.
Hey boss what if I didn’t make a claim prior to getting out ? I didn’t make a complaint on lumbar radiculopathy.. will I need to get diagnosed for that before submitting the claim ?
If so where do I go to get it
I didn’t know I had this problem this whole time but I’ve definitely had the tingle/numbness in my legs for a while on active duty I just didn’t know it was this so I never made a claim/ complaint on it .. thought it was normal
Send me an email, I have some questions.
Answer these…
- What you service-connected for and the %s?
- What have you been denied?
- Years of service
- Major Deployments
- Clay
@@TheCivDiv emailing you now boss
Can you give me an email?
Hey, man, I just got my C&P exams back and wow, the doctor lied and contradicted himself in a few places regarding my back (on the DBQ). He said he did things when in fact he didn't. Wondering if I should report it now to the VA or wait to see what the VA rater says. He gave me 50 degrees forward flexion, everything else is 15%. He did use the goniometer. Is that an increase from 10% on my back? Seems like it is.
Well, that depends on what your back is rated at right now if it’s an increase or not.
- Clay
@@TheCivDiv Clay, right now it is rated 10% but I was thinking an increase since my flexion is abnormal. I can email you the PDF if you'd like to see it.
@@scottmollette9483 please do
- Clay
@@TheCivDiv Sent to your email, Clay.
Question… I currently have a documented diagnosis for radiculopathy in both legs from the VA diagnosed by the PT doctor. What I am worried about is that the VBA will deny because the diagnosis didn’t come from a gen med MD. It’s laughable but, my VA MD sent me to PT without an official documented diagnosis YET, the physical therapist doc DID officially document it. Thoughts on this??
That’s fine. I’m assuming you have a lower back condition that’s service-connected…if so, submit Radiculopathy left and right (2 claims) secondary to your lower back condition.
- Clay
@@TheCivDiv yes. I am rated service connected for lower back. Have been since 2010. Radiculopathy has been increasingly worse for last 5 years. Finally couldn’t stand it anymore and went to seek VA help.
@@TheCivDiv also wondering if I will be sent for C&P. I live 2 hours away from nearest doc who does them and I have literally been diagnosed by a VA physical therapy doc.
@@GovmntLacky you will most likely have to have a C&P exam
- Clay
@@TheCivDiv Lol. Typical VA thinking. “Why pay for one doctor to diagnose when you can pay for two at twice the price!” 🤣
Can you get your military in service health records online ?
Yes and no? 😂 through National Archives you’ll be directed to your service and from there you can request your records.
- Clay
@TheCivDiv Thank you very much, Clay. I really appreciate it.
How does this work for secondary conditions??? Looking at ED.
ED, assuming your claiming this secondary to your mental health medication, is extremely easy. Literally just submit the claim and it’ll more than likely be a records review.
- Clay
@@TheCivDiv Yes, secondary to PTSD but I was never issued meds. I'm 50 percent.
@@cornellirons5348 medication isn’t the only way but it’s the easiest. Do you have a diagnosis for ED?
- Clay
That being said just upload the evidence of what you are claiming for . Am I right bro !!
Yes! Naming convention helps and…not uploading your entire record (unless you’re submitting a BDD claim then I’d upload the entire thing).
- Clay