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Q142: Help me! I have been trying for VA disability compensation since 2007. My problem has been making a connection to my military service. I've had 4 back surgeries, all were fusions with lots of hardware, 2 foot surgeries, 2 hand surgeries, 2 shoulder surgeries, and 1 knee replacement. I could not get any of my disabilities service connected. I was an infantry soldier. All of my body parts that had surgery are mentioned in my military medical records. What am I doing wrong?
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A1: In your case, I suggest you go to a Veteran Service Office and let a VSO see all your documentation and let the VSO submit your claim. VSO's have the knowledge to correctly submit a claim that satisfies VA requirements. The VSO could submit a decision ready claim which would be adjudicated in a timely manner, usually within 30 days. I hope this helps. (RC) 9/27/18
A2: Get a lawyer. a lawyer who is recognized by the VA in your state - most of them are swamped and they offer the best way to proceed. I would not use a TV-ad VA claim lawyer. (TB) 9/27/18
A3: I suggest that you seek help from the Veteran Service Office (VSO), so that they can gather all necessary documents for an appeal. To have a better chance on your case you need to seek an Independent medical evaluation (IME) that is familiar with the va appeal process and that physician will use a DBQ form to evaluate your current condition and how it relates to your medical condition in the military. There are three requirements needed to be entitled to va compensation; 1). The veteran must have evidence of a current disability, in almost all cases, this requires a present diagnosis.
2). The veteran must also have a disease, injury or incident that occurred during his period of active military service. This is usually shown in the veterans service medical records
3). Lastly, the veteran must have a nexus between the current disability and the in service disease injury or incident. In other words, there must be a link between the present disability and the veterans time during his period of active military service. (PB) 9/27/18
A4: I say the same see a VSO but I would write to your congressman as well. Did you try to get your military records thru the VA or do it yourself which is what I did. That way the VA can not remove parts of information which would not put it past them. Check all your VA medical records as well for you may find where a VA doctor says it is caused by military service or is brought on by military service. Read them carefully and make a copy to submit to verify service connected. Make sure you get statements in support of claim by fellow military buddies but make sure you have a copy of your military duty stations and proof of the buddies that gave statements in support. For the VA will claim that none of them served with you and by having a copy of their duty stations which have the times, dates and where served and stationed as proof. Any professional outside doctors get a statement from them if it was because of what you went thru in the military as well and if they were brought on because of it. (JRM) 9/28/18