I would advise everyone to study the laws and regulations the VA is supposed to follow...but won’t if they can get away with it. They’re supposed to have a duty to assist but in reality it’s a duty to resist. The VA tried to screw my mom over. My dad died in 2009. He was young...only 48. Long history of high blood pressure that he was diagnosed with while on active duty. I believe he also had sleep apnea because he used to snore badly. But nobody was checking for sleep apnea back then. Anyway, he had just finished with his VA claims exams and was still waiting on a ratings decision at the time of his passing. It wasn’t until years later when I started going through the VA process myself that I got curious and decided to request his VA file. That’s when I found out they dropped the ball. He received service connection for everything he claimed. The decision was dated 2 weeks after he passed and they noted that “no further action was needed” since he was deceased. They were notified of his passing when my mom filed for VA burial services. She also filed for the lump sum death benefit through the SSA...and the SSA and VA are supposed to talk. According to the fine print, whenever you file for a benefit through the SSA, it’s also to be treated as an application for VA benefits for those eligible. My mom had also been in touch with the VA a few months after his passing and they withheld this information from her. So she was left with the impression that she must not have been eligible to receive anything. Anyway, long story short (because there are so many other details I could get into) last year I helped my mom file a claim and they ended up having to backpay her $160,000 for survivors benefits she should have been receiving since 2009. Moral of this story is, you have to stay on top of the VA. They are sneaky. And it makes me wonder how many others are due money they won’t even know about until they start doing some heavy digging.
A few things that have helped me become familiar with the VA rating process:
- The M21-1, VA rater handbook
- 38 CFR Book C, schedule for rating disabilities
- The Board of Veterans’ Ratings Decisions,
https://www.index.va.gov/search/va/bva.jsp (you can search and read actual decisions reached by the BVA on why they denied/approved a claim and criteria needed to meet the threshold. You can do a keyword search for the condition you want rated. It’s been invaluable to me).
One huge thing I’ve learned is that VA raters will NOT put the pieces together. If 1+1 is in front of them, they will not take the time to add it up. Everything you submit has to be spelled out for them. This can be done with submitting nexus letters with your claim, which is medical opinion that ties your current conditions with your military service. Extra bonus if you can find a doctor who’s familiar with VA lingo so it doesn’t leave the VA rater with room to Juelz. Right now I’m looking at this service called “Valor4Vet”. They do a full medical record review, review all of your previous VA denials, and will prepare a detailed medical opinion to submit with your claim. Gotta pay for it but I’m trying to reach 100% (currently at 80%) so at this point I feel like it might be worth it. You can do a Google search for doctors who write VA nexus letters to find the others.
I also plan to use a lawyer this time around because in my latest denials, they didn’t have my service records or VA claim file listed in their evidence list. So basically, they reached a decision without even reviewing everything.
