For those looking to do there own research I offer this process:
- Obtain your Military Service and Medical Records by mailing (certified, return receipt requested) an SF-180, found here: Download SF-180
- Obtain your full VA treatment records from the “release of information” window at the center you receive treatment at.
- Review the CD-rom (PDF file) for all CHRONIC medical conditions, treatments, and diagnosis – chronocity is critical!
- Identify the incident, event, or situation in service that “caused” this condition. If it’s in your active duty medical records that’s extremely valuable. If it manifest after service you’ll need to find a way to “connect” it to service – the “nexus”.
- Next search USC 38 part 4 for your CHRONIC DIAGNOSIS, found here: 38 CFR 4 Schedule for Rating Disabilities
- Match up the conditions and rating percetnage to the CHRONIC diagosis in your medical records.
- Review the DBQ the C&P examiner “must” use to rate your current condition, found here: List By DBQ Form Name
- Search for VA court cases on your condition(s) to understand how the VA Regional Offices is likey to “rule and rate” on your claim. HINT, the cases tell you what evidence actually supports a claim.
- For example, here’s a search for Sleep Apnea secondary to chronic Sinusitis: Google sleep apnea secondary to chronic sinusitis
- Look for evidence in these cases that would support your claim, and THEN match and find your evidence – NEVER, EVER lie!
- Gather all your evidence, write up a Statement in Support of Claim, found here: Veterans Affairs Statement in Support of Claim and mail it certified return receipt requested.
- NUMBER every single page, make copies, and wait.
- Make someone sign for your mailed packaged – VA has NEVER lost my packages!
- Before you go to a C&P review your evidence and especially the questions the Dr. is going to ask from the DBQ. I usually hand write a list of the 6-7 items that supports my claim. I make sure the examiner see this. I’m so done with the VA, I walked into to my last C&P with my 4″ binder and the Dr. undersood I knew what is going on. A C&P exam is a LEGAL MEEETING, not medical treatment.
I submitted my last three claims in July and they were fully decided correctly in six months. Help the VA help YOU! And, most importantly, never, never, never, ever give up. Be relentless! Most grateful, PJ
I got a request to see how I wrote Claims, so here they are:
Hearing loss, Peripheral Vestibular Discorder, and Tinnunitis.
VA’s 2015 Decision on these three Claims.
- STMT IN SUPPORT OF CLAIM – PERIPHERAL VEST DIS – PG-1- redacted.pdf
- STMT IN SUPPORT OF CLAIM – PERIPHERAL VEST DIS – PG-2 – redacted.pdf
- STMT IN SUPPORT OF CLAIM – PERIPHERAL VEST DIS FOLLOWED BY TINNITUS – PG-3 – redacted.pdf
- DBQ WITH TINNITUS – HEARING LOSS & PERIPHERAL VEST DIS – AMENDMENTS_Redacted.pdf
- C&P EXAMINER’S DBQ FOR EAR CONDITIONS.pdf
- STMT SUPPORT CLAIM – RHIODS 2014 – redacted.pdf
- DBQ FOR RHOIDS – FOR C&P.pdf
- STMT SUPP CLAIM – ECZEMA 60% – PG 1-2.pdf
- STMT SUPP CLAIM – ECZEMA 60% – PG 3.pdf
- STMT SUPP CLAIM – ECZEMA 60% – PG 4.pdf
- 2015 DX REDACTED FOR HADIT_Redacted.pdf