Can someone help me fighting the results of my VA Claim?

2020-06-12T15:35:05-04:00

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.

Response by SSgt Christophe Murphy made Jun 12 at 2020 3:37 PM

2020-06-12T15:37:15-04:00

DAV, American Legion and VFW all have service officers that can help you submit claims and fight. It just depends on which one is closer to you. Membership of thier orginizations isn't required for you to get help from them.

Response by SSG Private RallyPoint Member made Jun 12 at 2020 3:41 PM

2020-06-12T15:41:40-04:00

To start, you aren't going to get an increase for your diabetes. May as well forget about that because there is absolutely no way on earth you are going to be able to prove that you developing diabetes is in any way shape or form service related. same thing with sleep apnea. Sleep apnea can be congenital and only show itself when progressing in age. Fun fact; over 80% of the world has some form of sleep apnea. the only thing I see you having a chance in fighting would be your hand. They will likely request x-rays from when you initially broke it to now. This will show if the brake healed correctly or if it misaligned during the healing process.

Response by Sgt Private RallyPoint Member made Jun 12 at 2020 3:44 PM

2020-06-12T15:44:53-04:00

Avery, you did just what the majority of veterans do... You waited...too long. Also, you probably submitted your info directly to the VA... Not recommended...as the VA is sort of like an insurance company and what do these companies usually do? They deny or minimize your claim... I am a DAV Chapter Commander and a disabled Vietnam Era Veteran... I can help you get the ball rolling where you live... I am on my smartphone, so can't go into copious detail on it... Reply back or message me if you can...
Kerry

Response by CSM Darieus ZaGara made Jun 12 at 2020 3:56 PM

2020-06-12T15:56:01-04:00

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.

Response by SGT Justin Brothen made Jun 12 at 2020 4:25 PM

2020-06-12T16:25:00-04:00

Seek a VSO, that is who I had help with my disability.

Response by SGT Herbert Bollum made Jun 12 at 2020 6:33 PM

2020-06-12T18:33:40-04:00

I waited about 34 years before I applied.Some of the issues they were able to see the connection easily and got me started. Other items I am still appealing. On your appeals make sure you are very clear and use exact language to state your case. Be sure you ask for anything you can see in your medical records, those that show as repeat visits over the years are easier to get credit for.

Response by CPT John Moore made Jun 12 at 2020 6:43 PM

2020-06-12T18:43:28-04:00

I would get representation from the State's Dept of Veterans affairs as VSO rep and appeal as described in your notice from VA.

The process is pretty cut and dry if you had the issue diagnosed and present in Mil Med records and you have a treatment history you should be good.

But keep in mind, the C&P exam is weighing whether your symptoms match the described symptoms in Statute by severity / % rate. Even if diagnosed, you MUST describe the appropriate symptom ...almost verbatim.

The VARO reps are not clinicians, they will evaluate the C&P examiners assessment and your medical history and do the math. They are obviously fallable so if you have CUE (clear and unmistakable error) lay that out in your appeal.

Response by LTC Mark Ensign made Jun 12 at 2020 8:34 PM

2020-06-12T20:34:10-04:00

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!

Response by SSgt John Wise made Jun 13 at 2020 9:43 AM

2020-06-13T09:43:35-04:00

Let’s connect

Response by SPC Makissa Lewis made Jun 14 at 2020 7:00 AM

2020-06-14T07:00:41-04:00

Try your local VFW. See if one of the members can assist you.

Response by SGT Private RallyPoint Member made Jun 17 at 2020 9:12 AM

2020-06-17T09:12:57-04:00

https://www.legalhelpforveterans.com/ worked for me.

Veterans Disability Attorney, Lawyer for Veterans Legal Help for Veterans, PLLC

Call a veterans disability attorney at Legal Help for Veterans if you have been denied benefits. Trust a lawyer for veterans that knows how to get the disability benefits you deserve.

Response by Cpl Tou Lee Yang made Jun 17 at 2020 2:30 PM

2020-06-17T14:30:15-04:00

Good luck and hope that you get a higher rating. I know you won't get anything for Sleep Apnea, I was diagnosis by the VA with sleep apnea and VA didn't give me a rating because it was never recorded in my medical book. They just gave me a machine that provides oxygen while I sleep. I know a person who received 100% for it because she was diagnosis with it while in the military.

Response by SSgt Edmond Gaudelli made Jun 18 at 2020 8:42 AM

2020-06-18T08:42:11-04:00

I used the law firm of Chisholm, Chisholm and Kilpatrick when the VSO's could not get anywhere. I finally got a rating and then an upgrade. Good Luck!

Response by PVT Curtis Stewart made Jun 22 at 2020 1:26 PM

2020-06-22T13:26:58-04:00

I have been a Facebook group for a few years now. The administrator of this group formed it with the sole purpose of helping people like you to help you obtain the benefits you are entitled to. The name of the group is:
Veteran to veteran

Response by SFC John Fourquet made Jun 24 at 2020 3:33 PM

2020-06-24T15:33:06-04:00

This is too complicated to answer here. There are many things at play, such as your conditions being documented in your service medical records, the reasons given for the VA’s rating decision and whether or not the VA made any errors in deciding you claim. You need to get a service origination such as the DAV or American Legion to represent you and file your appeal with the recent rating decision. Veterans service organizations do really good job when it comes to appeals. They can go review your file and rating decisions to see if any errors were made. You can hire a private lawyer, but that will cost you money. Also, based on my experience as a VA rating specialist working appeals I can tell you a private attorney will drag out the process for as long as they can for a bigger payment.

Bottom line do not try to handle this on your own, get professional help.

Response by 1SG Private RallyPoint Member made Jun 24 at 2020 3:46 PM

2020-06-24T15:46:40-04:00

Good luck with the claim. Unless you were diagnosed with Sleep Apnea (SP) while on active duty it will be almost impossible to prove that your military service caused your SP. Also The VA looks at your continuity of care so you would have to provide evidence from your private doctor that you had issues with those things from your military at some time during the last 10 years.

Response by PO3 David Mabo made Jun 30 at 2020 12:51 PM

2020-06-30T12:51:16-04:00

Have you tried DAV or another VSO? Do you have copies of your service medical record?

Response by SFC John Fourquet made Jul 7 at 2020 3:18 PM

2020-07-07T15:18:46-04:00

What conditions were denied and what condition was rated 10%?

Response by PO2 Weaver Brian made Jul 15 at 2020 5:44 AM

2020-07-15T05:44:45-04:00

I assume you were denied. Normal. Talk to a service officer from the VFW, American Legion, Disabled American Veterans, Or any of several others. They deal with this daily, and can help you with this for free.

Response by SSG Joseph Robinson made Jul 16 at 2020 7:29 AM

2020-07-16T07:29:46-04:00

Go to the VFW for a VSO Counselor’s. Again get current treatment records. Keep filing and appealing as soon as possible.

Response by SPC Barbara Wright made Jul 16 at 2020 7:48 AM

2020-07-16T07:48:54-04:00

You should look into getting a VSO. They can look back in your medical records and help you file your claim appropriately. I hope everything is documented properly in your medical records.

Response by CPL Jason Northedge made Jul 16 at 2020 5:18 PM

2020-07-16T17:18:24-04:00

Gordon and Donner did my claim. The VA tried taking my 70% away and those lawyers got me permanent %100 now. They take a small percentage but they are good. And some are vets. Google them and givem a call.

Response by AB Edward Mondini made Jul 27 at 2020 2:28 AM

2020-07-27T02:28:51-04:00

Yes: the DAV

Response by SPC Luis Serrano made Jul 29 at 2020 2:41 PM

2020-07-29T14:41:43-04:00

Purple heart in Syracuse and after on the Va hospital they have representatives also if not regional office

Response by CPT Brian Willey made Aug 4 at 2020 5:18 PM

2020-08-04T17:18:44-04:00

VA Claims Insider is a fee-for-service organization, but looks pretty thorough. And they do state to use them after exhausting free services like VFW, DAV, etc.

Response by SP6 Wazeer Abdool made Oct 22 at 2020 7:15 PM

2020-10-22T19:15:22-04:00

DAV would be my suggestion as they helped me get my percentage up.