I just wanted to say that I love the way you articulate things. I've listened to well over 30 vids looking for help on how to link things bck to my service times and most teach you about a Nexus and some good things but when you actually get down to writing the letters, I'm sure alot of ppl are just like me , trying to figure out the most effective verbage to win my claim. So I thank you for helping me fill in the blanks
It is important to specify that, when filing for a disability that isn't documented in your service treatment records, you must prove that your service caused it (nexus). This is needed all of the time for direct and secondary claims, but isn't needed for presumptive claims. Remember that humans work at the VA and you may get lucky, but when done by the book, proof of service connection is required to win your claim. It's a simple process though: find your disability on the VA's list, submit a diagnosis for it, submit documentation of your symptoms, and submit proof that it was caused by your service or by one of your service connected disabilities.
It's a bit confusing for me, please answer. I retired from the Air Force 10/1/95 after 20 years. Sleep Apnea wasn't a known illness then, so it was never in my Active Duty Medical Records. (I do have a letter written by a Lt Colonel explaining how my snoring was disruptive to him, and other Aircrew Members as 8 of us shared a tent in Oman during Dessert Shield, & Dessert Storm). Required Crew Rest before flying missions were interrupted for those who I was with. I had 3 Sleep Studies, 2 at the VA, and 1 through a Civilian Clinic. The last one was bad enough that a judge awarded me Social Security Disability. I've applied for this claim at least twice, the last time was with the letter, but was denied both times. I do have an approved VA disability for Migraine Headaches that I had suffered through going back to before this time frame. Could I now claim the headaches as a secondary result of having the unapproved claim for Sleep Apnea? Somebody Please contact me. Thank you! Mark Hoffman mehoffman75@gmail.com
Having realized after reading my paper service record vs the one Navy personnel command sent me on CD vs the record the VA has, I realized how much on the non paper copies are missing showing serious injuries. For those who cannot find proof of service connection, reread your physical paper copy of your service record, copy the individual pages and highlight the areas showing the service connection including duty that led to the disability (firearm training, working around industrial noise, missile and gun firing for tinnitus). When the VA inevitably denies service connection, be sure to include those pages in your appeal. It may take a while but your chances of winning will go up significantly with service record entries the VA simply does not possess or acknowledge they possess, because if they have them they aren't looking at them, and if they don't, you'll never be able to prove it without your own furnished records.
None of my medical records a show how I got hurt or the multiple times I went to sick call for the injury I sustained. I fought for a year with sick call. Then I went home on leave from West Germany and couldn't get off the plane, I had to be carried off and onto the next plane. Come to find out I broke a vertebrae the L4 and ruptured the L3, L4 and L4, L5 and the L5, S1. Had to have emergency surgery at Walter Reed. And still have major problems from it.
As the man said, it doesn't have to be in your medical records. With tinnitus it is basically your word against theirs and the VA will usually give the veteran the benefit of the doubt.
I was told I can’t file for pain in my hip which started and was seen by the medical officer when I was in Somalia. Funny thing is all my friends and myself were told our medical records from there were lost which would include us being made to take Lariam when it was still just starting. The pain in my hip comes and goes but when active I can hardly put pressure or walk on it. Far to many years have past and I don’t think they will ever except it into my VA rating anymore.
That is horrible. If you have private medical records from within a year or shortly after you got out showing the pain in your hip, you can potentially use them and get a medical opinion from a private doctor to link it.
Same here I just got denied for the same and now they are telling me I need surgery on Jan. 24, 2024, for my neck and back that has caused never damage but they did give me 20% for my left leg and 20% for the right leg for nerve damage all secondary to my back pain and left knee that was listed as Osteoarthritis which is still 10%. @@jerrydeich8785
I've never thought about making a VA claim having served 20 years in the military. I've been out 23 years and have been dealing with tinnitus from when I was in and never knew what it was until years later hence its not in my records. I spent 8-10 years working in engine rooms on ships often times with no hearing protection, ive been using a large white noise machine in my room at night to sleep for 23 years and have a portable one for when we travel. Wwithout them i cant sleep. Also the ships I worked on are on the list for asbestos exposure in adddition to cleaning parts in cans of solvents with no gloves or breating protection all those years. One and a half years ago lost my left kidney to stage 3 renal cell carsonoma. I'm a non smoker and social drinker. My wife and others are telling me to file a claim with the VA. I do not know where to even begin or if I even have a case. Any advise? Thanks in advance for any advise.
Don't call it Tinnitus when you file, unless a doctor has diagnosed you, tell them you have ringing, buzzing, high pitch whining (my sound), thumping, etc., in your ears. From Tinnitus, you can be rated 100% because of insomnia, anxiety, headaches, depression, vertigo, etc., usually accompany it. Think about the issues you have. Write everything down that you have a physical problem with.
I was in the EXACT same situation. Never went to sick call for it, etc. 23 years after getting out. Here is how I did it. Filed a claim online at Va.go. The claim was for tinnitus. My claim had 2 points on it. 1. When I first observed the symptoms (my second cruise) and why I never went to sick call. 2. What my symptoms are like today. Do not need to write a novel. Do not need a specific date - just timeframe when it first appeared. But remember, tinnitus is constant and stress that your symtoms are constant. The form and submission took about 30 minutes online. 3 weeks later I get a call to go to a C&P exam. I go, explain again when I first noticed and how bad it is now. Three weeks later, I get a check in the mail for $160. And have been getting them ever since. One squid to another - file for it. You will be surprised. But before doing your C&P exam, watch youtube videos on the best way to handle them..
You don’t need your service medical record to file your claims what you need is the final medical discharge for listing your conditions it is important you review it with your pcm
there is non combat ptsd such as being an air police at an air force base and pulling a drowned boy out of the water and that event caused lots of anxiety
Absolutely. Non-combat PTSD is common in and out of the military. It works the same as combat PTSD, except you’ll need to verify the stressor. A statement from your partner, a witness, a police report, or whatever you have to prove the incident occurred. Remember: a PTSD stressor is subjective. You may have been scarred for like, but the dude next to you went out for ice cream right afterwards and never thought about it again. It doesn’t matter if your situation happened on or off base, on or off duty, or within or outside of the US. If it was during your service, and has long-standing effects on your life, then you would qualify if you have a diagnosis, verified stressor, and continued symptoms.
was covered by newspaper at the time but did not mention 2 air force cops by name only that we responded along with sheriff office who took over when they arrived.
I have headaches and migraines in my records, have very bad tinnitus. Send in all kind of evidence from military records and private doctors, nexus and dbq and was just denied by va. So I am done messing with the VA now hiring an attorney to work for me.
Bummer. Get a lawyer and appeal. I know the VA is overworked and someone probably just wanted to meet a quota. It sucks. The C&P examine NP told me to keep trying if I get denied for anything because different raters handle files differently.
I believe you are incorrect about the locations being necessary to claim Bp. that was the initial deal, but it has been since change to incorporate any fob where pets were used in any foreign country
Question for my fellow veterans. I did two med cruises aboard the USS John F. Kennedy, and I am trying to file non-combat PTSD. I was in a F-14 squadron, and I witnessed an airplane crash on the aircraft carrier. I have dates to collaborate this incident, and it really shook me up. Even to this day, hearing jets startle me. What are my chances, and what should my first step be? Thanks!
I think Tinnitus is kind of weird. My hearing is very very good and sensitive even after being around the flightline with the loud planes and on firing ranges with weapons. Have been retired since 2001 and just started having the constant ringing about 5 months ago. I can still hear a pin drop, but cannot stop the constant ringing.
That's your problem. If the ringing started 5 months ago and you've been out 22 years. You should have provided with a time and place you were subjected to a loud noise in the military and let the VA know. Mine was easy. On Easter Sunday morning in 1969, in Pleiku Vietnam, my base camp was subjected to intense mortar fire. One exploded near me and my ears started ringing. I thought it would go away on its own but it never did. I told the VA administrative law judge my story and my claim was approved. There are a lot of civilian things that can cause tinnitus so you can't trace it back to your time in service. Good luck.
I was in Vietnam. I was told by my doctor I have Diabetes and I take medication for it. I went to a DAV rep. And he said can't claim it. I am already 100.
Well…he’s sorta right. He should have said you should not claim it right now because you can’t go higher than 100% rated. Keep it in your back pocket in case the VA tries to reduce that rating. If you’re P&T then you’re golden.
The worst thing one can do is file a new claim while you're already 100%. They might choose to revisit your whole file and potentially change their decisions. Diabetes can be a presumptive condition for exposure to agent orange in Vietnam. Since you are already 100%, why poke the bear with another claim.
Keep in mind, there is 'evidence other than medical' that will be considered. - The easiest example is tinnitus and your MOS exposure. That's evidence, just not medical. - Another example, bilateral knee strain with 0 medical evidence buuuuut, the Veteran has multiple combat deployments serving in the infantry and created a statement and told their C&P examiner about conducting foot patrols with tons of weight. Overall, pretty solid. I sent an email. Looking forward to your response. - Clay
I was in the Air National Guard in the 80's and I was diagnosed with PTSD because I incurred sexual trauma while serving once a month. I was diagnosed with PTSD by a civilian doctor because of the trauma I incurred in the ANG. I found out 2 years ago from a relative that I could have put a claim into the VBA because I also fainted and busted my chin and I also have cranial nerve damage as well. So, I was given 10% for each symptom. But now that I can no longer obtain medical records 40 years ago for my PTSD and sexual trauma; however, it was diagnosed again when I started getting medical benefits from the VA. So, I just had a c&p exam this past week for my PTSD-MST, I had 2 lay letters written by a family member and a friend, as well as writing up one for myself. So, BBB what do you think are my chances of getting approved?
I won’t speculate on a rating level but it seems like you have enough to get connected. As for obtaining your records, have you explored every avenue such as the National Archives?
@@battlebuddyben it's not my records from National Archives, I have those already and so does the VA. It's the one I can no longer retroeve from my civilian doctor(s) because HIPPA only keeps medical records for 6 years. Well in the state of New York that is. There is NO policy from the VA (that I searched) that states "a person who served either as a guardsperson or reservists can't be compensated for something that incurred in the guard/reservists but was diagnosed/documented with a soldier's past civilian doctor(s) because (obviously) they ONLY SERVED their country one weekend per month while being a civilian the other 28 0r 29 days because the majority of their lives was/is civilian. Do you know any policy from the VA that states this specifically? If so, let me know where.
Va hearing person kicked me out of the test. Said i should have heard the tones. I couldnt hear the tones. Its kinda hard to hear something that sounds like the constant ringing and buzzing, that can oscillate, some days its not too noticeable, many others its freaking impossible to deal with, taking maximum concentration to hear things that are masked by the ringing sounds. For me, i got multiple ringing sounds, different pitches, tones. Its awful.
Question for the group…. I was in Desert Storm in Saudi and Iraq, artillery unit. Haven’t really thought about Gulf War Syndrome but the last several years I seem to have several symptoms of it. Just chalked it up to getting older and carried on. Thinking about looking into filing a claim. Should I get a diagnosis from my primary or for the evaluation at the VA? Any advice would be appreciated and thanks.
Either would be fine but it depends on how reliable your VA Medical Branch is. If your symptoms are in your private doctor’s records then I would consider staying with them, and have them write into it that it is Gulf War Syndrome.
Did the VA reduce your rating because of this or just change the name? According to various VA accredited law firms, CTE is rated in the same manner as TBI. CTE can be caused by TBI as well.
@@battlebuddyben .. Just saw message - changed name but Also way it went as I have already Dealt same type thing in California they wanted to Decrease can say so much but now day's ..lol Already at limit "Yrs Ret." changing ..etc
I read this and if The VA would pay? I don’t have tinnitus I have a hearing loss. I don’t have a cataract I have vision loss 70 percent OD I don’t have hypertension I have a second degree heart block. Left ventricular enlargement and a murmur all this stuff is in my VA universal health records and recentlyI went to the hospital local no real change So what is PTSD It’s being a M-60 gunner for 7months plus exhumatimg or burying decomposing bodies or parts of what was a human being It’s being used to be cannon fodder to make some asshole an increased grade. Okay maybe you all want the money I want my eye fixed and as much hearing as I can get some how the VA boys Think that my problems are not of interest unless I follow the guidelines do me a favor. I can live on my social security. And as a critical care / medical surgical nurse I know what it should be? John Ray Rn 7:33 7:33
So lets say I have a 10% Tinnitus already confirmed by VA. And I want to file Insomnia/Sleep disturbances secondary to Tinnitus which are also covered under the “PACT ACT - presumptive conditions”. Do I have to provide a Nexus letter from my Private doctor or is it ok not having one?
I was ordered to clean the barracks floors using bleach and ammonia back in the 70's, my navy medical record show that my mucous membrane were severely damaged, can I file a claim as presumptive for 10%
Some national guard dude said he hurt his back in 1963, got 30 pct. With some buddy letters. I spent yrs in the jungles, i was denied my back, my neck, etc. Buddy letters , doctors, is all BS.
I'm with you. 20 years as an Infantryman, 2 years on jump status, Airborne Ranger, 4 years in combat, back complaint during service, buddy letters, continuing care after service including almost 2 months in bed for my last flare-up, Nexus letter from my primary care physician, DBQ completed by an orthopedic surgeon, and they still denied my back claim.
@gilbertnail7266 last week I took an 80 yr old veteran for a hearing test, the paperwork said if he had served in the army, navy, airforce, marines or coast guard. And how many yrs. Well a national guard dude next to him put 6 yrs army. I said why don't you put next to the paperwork national guard. He said is the same thing. I said no, 6 yrs active duty is 2,191 day's. 4 yrs is 1,461 day's. But the stupid VA doesn't correct that shit
The hearing tests are or can be pretty fraudulent in my experience. There is no way that over 25 years of demo explosions and 2 combat deployments where we were actually in heavy combat with junk getting blown up all around us and our vehicles we rode in or were gunners of. My numbers haven’t changed much but I have a definitive difference in hearing different audio ranges. Everyone hates drive through windows but I cannot for the life of me hear any of them with my left ear. I have to legitimately turn my body and head to a position to hear with my right ear
That is correct. A Secondary Disability is one that is originated from a SC disability. For example, joint limitation or lower back pain is secondary to a foot disability (Plantar Fasciitis or Pes Planus). The foot disability causes the veteran to walk differently.
If it is not in your medical records, you’ll have to prove that you were exposed. If you can do that, I suggest having your doctor provide a statement stating they believe your Asbestosis is related to your time in service specifically referring to whatever location had asbestos.
Tough to prove at times.. I have documented exposure while stationed in Hawaii.. VA told me to prove what issues i developed from it. Still fighting it.
@@ATXGrunt I get it, I was first given a 10% rating , I was disgusted with that. But 3 years later I put in another claim, my symptoms had gotten worse. I was being treated all along at the VA, medications every month and an MRI every year. Good luck on yours
Your #5 PRESUMPTIVE DISABILITIES I applied for the PACT ACT submitted my DD214 identifying my several listed locations of duty as well as requiring dates This meet presumption… I added my VA medical records for my stage 3 melanoma cancer I was given a ZERO rating?
Thanks BBB. I have filed for these except for secondaries. Since it is my first time filing a claim, I am told it is not such a good idea to file for a secondary if we don’t yet have any service connection. Would you agree with this?
It depends on your strategy and how confident you are that your SC disabilities will be awarded. If you’re confident, then you should file for secondary claims at the same time. If not, then it is up to you to decide which way to go.
@@dawidbenyahudahisrael6959 - Yes and. No. Per VA and govt regulations, I can provide consulting for a fee. However, I can for a "donation/gift" of your choice. I find that somewhat not worth it since this information is free to the public. With that said, I would prefer my channel gain subscribers, views, and likes. Once I get to at least 1000 subscribers, I plan to start live Q&A sessions with a frequency TBD.
Tinnitus should be a direct service connected claim since you have to have had it develop in the service. It will be hard to claim it if it has been greater than 12 months out from when you left service unless you have documentation proving you complained about it from a private physician. As for Chronic Anxiety. It would most likely be classified as General Anxiety Disorder, and you'll need to have a Psychiatrist state that it is linked to a direct serviced connected disability.
I’ve read about several cases where a veteran had to appeal to the board level even though he had evidence in his service treatment/medical records. These cases were from the late 1980’s and the veteran was out of the military for a few years already. If you can get get several audio diagnostics test done while in service that shows a degradation in your hearing, then you have a good chance. I would say every other year at a minimum to tell a story. If you’re already out of the service, you’ll have to get your hearing test and a doctor to write a letter to link it back to specific incidents when you were in such as gunfire or loud machinery.
I was a 19K (M1 tanks) and after ETSing I tried to go to Iraq as a contractor, during that physical which was done by DoD they found that I had a 70% hearing loss in my left ear and I was denied a position. I later filed a claim with the VA for hearing loss and was denied…the whole VA thing is a joke to me.
I always recommend going with a personal/private doctor/specialist (if that’s what you use) first before going to the VA Health system. Get the diagnosis and then submit. Save yourself time and stress.
I always recommend going with a personal/private doctor/specialist (if that’s what you use) first before going to the VA Health system. Get the diagnosis and then submit. Save yourself time and stress.
Can the VA change original secondary claims that say at least likely as not by their contractor and then have another one of their contrators do another c&p medical opions for the same secondaries and then they say less likely than not
@battlebuddyben don't know why I had to have another exam for the same conditions. QTC did the first one that was favorable and then the va sent me to ves for the same conditions that was unfavorable
Unfortunately, flat feet (pes planus) is not presumptive. Below is a link to the list of presumptive disabilities. You could however, try to use your MOS/Rate/Job as a way of service connecting it. www.benefits.va.gov/BENEFITS/factsheets/serviceconnected/presumption.pdf
You mentioned absolutely Nothing about if there exis any federal codes or federal laws approving of anything you mentioned. Because on UTube I am hearing one too many Veterans being denied such types of claims.
Thank you for the feedback. Everything I mentioned is derived from 38 CFR Parts 3 and 4 (aka Title 38). As for many veterans being denied. No matter what you hear on my channel or other channels, the ultimate person responsible for submitting enough supporting evidence is the veteran and the ultimate decision maker is the VA. Now. I also hear about some veterans getting rated while others get denied with similar evidence. I have to assume the VA raters are not all reviewing the evidence the same way despite each getting the same/similar training. You have to understand that the raters aren’t medically trained or medical professionals. Lastly, I recommend reading this article. www.nbcnews.com/news/amp/rcna103013
@@battlebuddyben Thank You for your kind time, feedback and understanding. By trial and errors, Veterans are learning, the hard way, that when it comes to trying to file and win VA disability claims, it is extremely sadly and frustrating that, it is the Veterans (too disable and too injured) who have to play the role "Lawyering" fact finding and gathering, Lawyering is a gifted, highly specialized and competitive skills. The Regional VA Offices are Not on a daily basis full with Veterans filing disability claims because we are too disabled, injured, and just trying to stay alive, I Agree with you 110% when it comes to the arbitrary issue that it falls completely on the Veterans (and NOT upon the VSO representative ) who has to care a dam about setting forth the BEST fully developed claims, geared towards the Veterans winning their claims. The odds are against the Veterans not for the Veterans.
If you’re trying to get it direct service connected, then there needs to be evidence in your records. If it is secondary, you have to have a link to a SC disability.
Yes. You need a nexus whether it is in your service treatment medical records, private medical records with a medical opinion connecting to service, or in your service records to meet the eligibility requirements for presumptive disabilities.
I'm on a verge for tinnitus settlement. not sure if I will take 1 time settlement or over the time yet. do my settlement have anything to do w/ my ssi disability if I go and ask for any increase I hope they dont decrease if I ask. thanks
If you’re getting SSI and VA disability compensation, you’ll have to report your Va disability amount to the SSI people. Based on what I see online, SSI will deduct dollar for dollar the amount of VA disability from your SSI payments. Below is a good website that discusses this topic: soarworks.samhsa.gov/article/ssa-and-va-disability-benefits-tips-for-veterans
@@battlebuddyben I'm on disability thought ssi were the same. lawyer told me the settlement will not effect anything. wanted to know if I could/should ask for a increase once my tinnitus going to be hopefully settled.. thanks
Hepatitis C can be claimed under Diagnostic Code 7354 (Title 38) with ratings of 0,10,20,40,60 & 100. Still need to prove service connection. You can probably site your records and the air gun as well as look up appeal cases where Hepatitis C rating was granted. Maybe also research articles where the air gun was used and linked to Hepatitis C outbreaks. If you’re having trouble getting medical opinion linking to service or cases proving air gun connection, I suggest hiring a lawyer.
@stanatkins :Its not free money. There's no such thing as free money in America. But if you had a service related issue. It should be addressed. Veterans are dying from this disease 😪
Thank you for your response. My fathers name is William Mitchell Atkins. How Ironic. I am a Vietnam veteran and on VA disability for an agent orange .related disease and tinnitus. Often times (not any more) when I had mentioned that I am VA disabled people will say "Oh free money"!" I too, believe there is no such thing as free money. Just like when I have treatments at my local VA Medical Center, it's not free. Someone has to pay for it, like taxpayers. It has also been paid for by the blood of our past brothers-in arms. Guys like us also spent years serving in the military, giving up the lives we had in the USA. We have earned it and deserve all we get. Some have paid for it with their lives. Abraham Lincoln once said the most important thing we as a country can do is take care of our veterans and their families. That was a very dumb thing for me to say and thank you for pointed it out. God bless you and thank you for your service. Welcome home. Stay safe and warm.
