Posted on Jun 12, 2020
Can someone help me fighting the results of my VA Claim?
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I retired from the military in 2004. I left with Diabetes, diagnosed while on active duty, I broke my left hand while on active duty, developed sleep apnea during my service, .........etc. I did not seek my disability percentage right away, I waited 10 years. In 2014 I went to VA to file my claim, my Diabetes had gotten worse, I was having problems with my hand that I broke while in, and my sleep apnea had become a huge issue. I was granted 10%........ that is not right. I went back two years later and got the same result. Does anyone know of a organization that can help me get the percentages I should be receiving. My local VA has been nothing but major red tape.
Posted >1 y ago
Responses: 26
For any claim to be approved, it must meet three criteria:
1. There must be an in service event.
2. You must currently have the condition (diagnosis).
3. There must be a connection (nexus) between the in service event and the current condition.
For example, you broke your hand while in service. You currently have arthritis in that hand. Doctor states that the arthritis is a result of the broken hand.
If any of these criterion are not met, you will not receive a rating. This process is repeated for each condition you claim.
As others mentioned, any Veterans Service Organization (VFW, Am Legion, DAV) can assist you in evaluating the potential of your claim and help you file the paperwork with the VA.
Good luck!
1. There must be an in service event.
2. You must currently have the condition (diagnosis).
3. There must be a connection (nexus) between the in service event and the current condition.
For example, you broke your hand while in service. You currently have arthritis in that hand. Doctor states that the arthritis is a result of the broken hand.
If any of these criterion are not met, you will not receive a rating. This process is repeated for each condition you claim.
As others mentioned, any Veterans Service Organization (VFW, Am Legion, DAV) can assist you in evaluating the potential of your claim and help you file the paperwork with the VA.
Good luck!
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You biggest problem is how long you waited. Do your records reflect these medical issues? I imagine you have proof of the hand, do you have the same of the diabetes? As for the apnea, it is hard to prove you got it from service if you have no record of a sleep study while in Service. Had you gone to the VA within a reasonable time it would have been hard for them to disprove. Take what records you have an contact the DAV. They are a huge advocate and help Veterans clear hurdles every day. I must say again, if you do not have records from while you served these claims are hard to prove.
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SGT Justin Brothen
Even with proof they will fight your claims. Atleast in my personal experience with the VA.
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CSM Darieus ZaGara
I have seen vast improvement overall. There are some Hospitals that are more user friendly than others. In any case the DAV knows which doors to knock on in the various regions. SGT Justin Brothen
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SFC John Fourquet
Time can be a problem, but it can be overcome. First a a review of the service medical records may have documented symptoms of the conditions claimed. In that case the VA would be required to obtain a medical opinion as to whether or not these symptoms are at lease as likely as not an undocumented condition the veteran is claiming. Also buddy statements can be use to document symptoms not shown in service medical records.
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