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The Elements of VA Service Connection

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Chisholm Chisholm & Kilpatrick LTD

Chisholm Chisholm & Kilpatrick LTD

Күн бұрын

0:46 What is service connection?
1:07 What do you need to show to prove service connection?
1:47 First Element of VA Service Connection: A Current Disability
4:55 Do you need a diagnosis to get service connection?
8:25 Second Element of VA Service Connection: In-service Event, Injury, or Illness
9:36 What counts as “in-service”?
11:53 Evidence for an in-service event, injury, or illness
18:09 Do lay statements need to be notarized or certified?
19:13 VA’s “duty to assist” veterans in finding evidence for their claim (Legacy & AMA)
22:29 Third Element of Service Connection: The Medical Nexus
23:54 Standard of proof at VA: “at least as likely as not”
24:38 Unfavorable opinion from a VA C&P exam
25:46 How do you know what the VA examiner wrote in the exam notes?
29:36 What makes a medical opinion stronger evidence in VA’s eyes? Who counts as a medical expert?
32:00 Are C&P examiners always subject experts?
39:44 Are there things that make it more difficult to link to an in-service event, injury, or illness? What can veterans do to help in these situations?
43:37 Are there conditions that do not require a medical nexus?
READ the blog post here: cck-law.com/news/3-elements-s...
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Пікірлер: 76
@cliffhicks8336
@cliffhicks8336 2 жыл бұрын
Additionally you need to mention that you need to request 2 items. 1. Completed C&P DBQ 2. Medical opinion or opinion They are separate items.
@cerebralone3962
@cerebralone3962 3 жыл бұрын
Great video! Jenna's point that the VA should take into consideration a Veteran's MOS is extremely important! I served as a Unit Armorer for 9 years, where I was stationed at duty stations that housed nuclear weapons (both overseas and stateside). My armorer duties required me to work in windowless, solid steel, vaults for prolonged periods of time. There is one (1) Unit Armorer per company size element. I have been diagnosed with Claustrophobia and I state it stems from my Unit Armorer duties and a motor vehicle accident I was involved in. I was locked in the arms room twice by mistake but there is no record of either occurrence. I do have verification of the motor vehicle accident from my insurance company. I have had 3 C&P exams and all three Psychologists have diagnosed me with Claustrophobia and opined that my condition is directly related to my military service. When I described to the Psychologists the conditions I worked in, (vaults that would become pitch black during a power outage with poor ventilation) they all stated that the everyday exposure to working in a confined space contributed to my Claustrophobia just as much as being mistakenly locked inside the arms room. My question is do you need a verified stressor event to satisfy service connection if the mental health condition you are claiming is not PTSD?
@jerryhamilton1793
@jerryhamilton1793 3 жыл бұрын
Thanks for your information it was great help
@laveljohnson7602
@laveljohnson7602 3 жыл бұрын
Thanks for your help,very helpful
@MrKoolBreeze22
@MrKoolBreeze22 5 жыл бұрын
So can we request the right type of doctor to look at us before the exam begins? It sounds like we can't see what type of doctor they are until after the exam. Please explain. Thanks
@arthurjohnson183
@arthurjohnson183 3 жыл бұрын
Please explain the temporary 100% compensation for convalescent after surgery.
@samuelcochran7877
@samuelcochran7877 3 жыл бұрын
I have been diagnosis for sleep apnea. I am a viet. Nam vet the VA in Atlanta ga has diagnosis me
@samuelcochran7877
@samuelcochran7877 3 жыл бұрын
Have PTSD Agent Orange an ringing in. Ears
@livininmexico3811
@livininmexico3811 4 жыл бұрын
Is it possible to service connect a disability secondary to a ''chapter 17 only'' (medical treatment purposes only) service connected disability.
@JamesWilliams-dg9jw
@JamesWilliams-dg9jw Жыл бұрын
I was hurt in boot camp put on light duty for the next 2 year because of it . NOW sence that 6 back surg. now i can not walk !!!!!
@davidsims6035
@davidsims6035 5 жыл бұрын
I went through my PHA prior to deployment to Iraq and had no evidence of being a Diabetic. 3 months after coming back I was diagnosed with the disease. Can I file a claim for that for benefits. Also I have had a sleep study showing that I have severe Sleep Apnea. Can I claim that also?
@edwinkowalski1823
@edwinkowalski1823 2 жыл бұрын
I’m service connected and receiving 100% for mantell cell lymphoma, I’ve labeled as temporary
@michaelseddens7443
@michaelseddens7443 3 жыл бұрын
Could you tell me what to do and how to get my files all them from them
@robertgonzalez8698
@robertgonzalez8698 4 жыл бұрын
if already get 60 % for knee condition and u get a total knee replacement Those the V.A take that rating away after surgergy ?
@edwinkowalski1823
@edwinkowalski1823 2 жыл бұрын
Sorry, I’m service connected agent orange mantle cell lymphoma 100% temporary since 2018. I’m now in remission and on chemo every 3 months. I had a c&p last week. Will I be reduced from 100%?
@stephenmitchell5942
@stephenmitchell5942 3 жыл бұрын
I didn't have what they called Carpal Tunnel Syndrome, I had RA in the thumb and wrist. I had 2-3 shots of cortisone and it should be in my medical records. I was a helicopter mechanic, what about presumption in the case it isn't in my medical records ?
@allanmorga3407
@allanmorga3407 2 жыл бұрын
If I claimed service connected disability How will VA rule out service connection to avoid giving the veteran compensation? The longer you served, the chance that your disabilities were service connected increases as well.Before one starts basic training an entrance medical exam we’re done to prove fitness to serve. So that should give veterans service connection preference.
@JuanMaldonado-ip4sc
@JuanMaldonado-ip4sc 4 жыл бұрын
Thank you for all the useful Info. I just have 2 questions. 1. How can we request medical records from AD time older than 10 years ago. In order to show the VA that an injury did in fact occurred during AD. 2. Would a disability determination from the VA have any effect on the member,as far as being Fit For Full Duty and being able to stay in the Reserves and continue deploying. Thank you 🙏
@CCK_Law
@CCK_Law 4 жыл бұрын
@Juan Maldonado, thanks for reaching out. Va has a "duty to assist" meaning that the duty to assist requires VA to gather the information that may help support the veteran’s claim, such as service personnel records, service medical records, and VA medical records.
@JuanMaldonado-ip4sc
@JuanMaldonado-ip4sc 4 жыл бұрын
Chisholm Chisholm & Kilpatrick LTD thank you for the fast response. I will let other shipmates in my unit with the same questions know . Hopefully our ancient medical records are being archived somewhere and not destroyed after so many years of being out of AD.
@angeloverish
@angeloverish Жыл бұрын
I have a PTSD and I was diagnose with large prostate plus diabetes and I had sleep Andrea and I a Vietnam veteran do I qualify for that 100 because I’m now 70 with unemployed 30
@zaedymae7413
@zaedymae7413 3 жыл бұрын
Required he/she may be considered by some states to be permanently and totally disabled could you explain I don’t get payed at a 100% rate the 3200.00 $ since 2016 am I suppose to get that amount or not thank you
@SirShoddrick
@SirShoddrick 3 жыл бұрын
What about a National Guardsman where your Commander maliciously falsified your records causing you to be discharged, but in between Guard Drills, although they ( Commander ) was in an active duty special work role when he falsified the records? Army Board of Corrections of Military Records has determined this. SCOTUS ruled that a civil court could not adjudicate the damages because it was service connected related per FERES Doctrine.
@mr.cleanone3900
@mr.cleanone3900 5 жыл бұрын
Fort ord close 2 years after I left. It was full off asbestos and lead paint. Especially in motor pools where I worked. How can I prove I was affected.
@CCK_Law
@CCK_Law 5 жыл бұрын
@Mr. clean One, for more information regarding the types of evidence to include with your VA disability claim, please visit: cck-law.com/news/evidence-will-va-require-disability-compensation-claim/
@felixbezeredy
@felixbezeredy 2 жыл бұрын
I been trying to find a attorney to represent my case ,I was 17 yrs old when I joined the army , at my permanent party. I came across people that had different belif.then I did that follow me through out my army national guard and reserve carrea . I should be 100% however I'm only getting 10% I CHANGE MY LIFE ...AND MADE MY LIVING HELL.I NEED A ATTORNEY.
@zaedymae7413
@zaedymae7413 3 жыл бұрын
Joe unemployability but if there is no scheduled future reduction or medical examination
@helenzawaski3215
@helenzawaski3215 2 жыл бұрын
How do I get my husband's Service Records?
@DikaMo
@DikaMo 4 жыл бұрын
When do you need a medical nexus opinion if one has record of an in-service event and a current disability diagnosis?
@CCK_Law
@CCK_Law 4 жыл бұрын
@Michael, in order to establish service-connection s medical nexus is needed to link the in-service event to the current disability.
@DikaMo
@DikaMo 4 жыл бұрын
@@CCK_Law Thank you for your response, however I realize the nexus is one of the element needed to service connect, but I was more interested to find out with all the element mentioned in my question, is it 'always' necessary to submit an outside nexus opinion? or just recommended?
@jackeclawsonn2690
@jackeclawsonn2690 4 жыл бұрын
a nexus letter is always good, more info for you the better, however if you got a good doc and everything is in your records then your ok, and if you can get your primary to fill out a DBQ thats even better. never forget its you against the va and they got decades of experience in saying, NO.
@georgemoore8577
@georgemoore8577 5 жыл бұрын
What people don't understand or know is that Active duty means you are on 24 hour standby. You are always serving even though you have time away from your job for family and vacation. So any injury that happens while on active duty, like the the basketball injury, is just like being injured at war. I recieved 2 concussions while on active duty playing basketball. And I am fighting the VA right now about it.
@jackeclawsonn2690
@jackeclawsonn2690 4 жыл бұрын
don't tell the va about playing a sport or anything, its always and i mean always while AT WORK. no one is gonna care about "off time", well at least the va won't
@mr.cleanone3900
@mr.cleanone3900 5 жыл бұрын
Fort ord got closed 2 years after I left. They had a clean up because it was infested with asbestos and lead paint. Especially in the motor pools Where I worked . Yet I’ve being asking to get tested for this . Yet doctors won’t do it. What are they hiding?
@jcoyne9
@jcoyne9 5 жыл бұрын
Can you please explain exactly how you should request a copy of the C&P examiner's notes? Can I call the C&P office and request a copy or do I have to submit a formal FOIA request (which is a very long process)? Thank you!
@CCK_Law
@CCK_Law 5 жыл бұрын
@c0iNn, thank you for watching! You have the right to request and obtain a copy of your C&P exam by contacting the VA medical center where the exam was conducted, or your VA Regional Office.
@jcoyne9
@jcoyne9 5 жыл бұрын
@milchuck I tired that, but I see this where the notes usually are: "You may not VIEW this COMPLETED C&P ADMINISTRATIVE NOTE". It has been well over 3 days since the examine.
@jcoyne9
@jcoyne9 5 жыл бұрын
@milchuck Yes, it was done at the Gainesville, FL C&P office
@thomashoyt3079
@thomashoyt3079 5 жыл бұрын
Whenever you have a C&P go to ROI (release of information) office at the VA and request a copy of everything done that day. This includes labs xary results exc.
@thomashoyt3079
@thomashoyt3079 5 жыл бұрын
Xray
@shemp815
@shemp815 5 жыл бұрын
Is it too late to appeal a denial after 2 yesrs have passed? What is my recourse as over a yesr has passed?
@CCK_Law
@CCK_Law 5 жыл бұрын
@shemp howard, under the new VA appeals system, you have the option of filing a supplemental claim with new and relevant evidence. To learn more, check out our blog: cck-law.com/news/appeals-reform-supplemental-claims
@zaedymae7413
@zaedymae7413 3 жыл бұрын
I have a paper which is a official record of my va entitlement and one benefit is individual unemployability and this Is what it says the veteran is receiving payment at the 100% rate even though the combined service-connected evaluation is not a 100% the veterans serviced connected conditions cause him/her to be unable to obtain or maintain substantially gainful employment because of the veterans service-connected conditions the veteran must periodically certifcontinuedy
@michaelseddens7443
@michaelseddens7443 3 жыл бұрын
I want my files that I filled what I file in my VA Disability and why they deny me for and why I wasn't told I put in wrong
@samuelcochran7877
@samuelcochran7877 3 жыл бұрын
Can I file on sleep apma
@donaldholmes9957
@donaldholmes9957 3 жыл бұрын
I am 80% TDIU, My VA Psychologist states my PTSD is getting worse (50%). He told me I should request an increase. he thinks I am 100% PTSD. I cannot remember to take my meds (30 pills and 3-4 shots per day). I do not go far from home, just to store or local Dr. appointments. My daughter, her boyfriend, and her 3 children live in my house. I have to pay all the bills. They do not help with anything. Such as bills, cleaning, upkeep, and more. They say I have to evict them. And if I do I will never see my grandchildren again. I need help and do not know what to do. I have to stay in my room, or go outside. There is one more issue. My house was damaged in a hurricane. The general land office is going to tear my house down and build me another one. A four bedroom comparable to the current house. However, if they do not stay here for 3 years after the new house is built, I will be in breach of contract. If I make them leave before the house is built, the GLO will only build a 2 bedroom house. What do I do about all of this?
@cerebralone9438
@cerebralone9438 4 жыл бұрын
Outstanding video! I have a question. I served in the US Army for 9 years, from 1985 to 1994. I was a logistics specialist and a unit armorer. My armorer duties required me to work in a vault like setting for prolonged periods of time. In 1988 I had an automobile accident while stationed at Fort Drum. I contacted my insurance company (Allstate Insurance) and they actually had records of the accident and provided me with an affidavit on their letterhead .II submitted the affidavit along with a buddy letter from my sister verifying the accident. My current psychologist diagnosed me with claustrophobia and stated it is directly connected to the automobile accident. The VA denied my claim stating that there was no evidence of an in-service event to service connect my claustrophobia. The decision had as a favorable finding that the C&P examiner opined that I have a diagnosis of claustrophobia and that it was at least as likely as not due to my military service. The evidence section did not list the affidavit from the insurance company and the rater did not mention it in the rating decision. Is this an error?.
@peacemakerbarber8751
@peacemakerbarber8751 3 жыл бұрын
How do I continue my unemployability, I have already filed an attempt to file
@peacemakerbarber8751
@peacemakerbarber8751 3 жыл бұрын
I am at 70% service connected
@patriciaslotterback1891
@patriciaslotterback1891 3 жыл бұрын
78
@tammygulley7677
@tammygulley7677 4 жыл бұрын
I was treated for Hypertension and continued to have high readings through out my military career. I never received the diagnosis for Hypertension while on Active Duty I was diagnosed with Hypertension 1yr and 2 months after I got Medically discharged in 1997. The condition has developed to Chronic Hypertension currently I have been trying and trying to get service connection since 1998 and keep getting denied. Any advice would be helpful.
@CCK_Law
@CCK_Law 4 жыл бұрын
Hello Tammy, we are sorry that you are facing health challenges and have struggled with VA for so long. Our office gets involved in claims that are in the appeals stage, meaning that we can help you appeal an active denied claim. If your claim is still active and are interested in a free consultation with our office, we can be reached at (844) 567-1185. If your claim is not currently active, we recommend working with a Veterans Service Organization (VSO), such as our colleagues at the Disabled American Veterans (DAV), who provide free claims help. DAV can be reached at (859) 441-7300. We wish you the best of luck!
@godwith345
@godwith345 2 жыл бұрын
How can, I have been veterans family Benefits legal services, helping me.
@jerryhamilton1793
@jerryhamilton1793 3 жыл бұрын
You have to get a va card and the will not give it to you unless you have boots on the ground. What is a combat veteran. Where can I go to get my records. Also Vietnam was not the only place where it was used- Korea Germany Alabama and several other state side bases
@jamesbrumback9262
@jamesbrumback9262 4 жыл бұрын
I’ve been disabled when I went into the military my disability is all mental issues I have schafrona bipolar mainia and adhdwhen I got out my issues have been getting worse. I can’t even hold a job down my marriage we to the shits I lose my train of thought don’t remember anything
@almahoney9696
@almahoney9696 4 жыл бұрын
Broke my wrist and hand in the Service in 1967. When I went to the VA they told me I only broke my finger. I told the Doctor that I had a cast on for 6 weeks. My orthopedic doctor asked me what I did to my wrist and i knee the VA Doctor was wrong. What should I do. I’m on 50% disability with lung problems.
@usarmyinfantrymen4863
@usarmyinfantrymen4863 3 жыл бұрын
Did you go to sick call when that happened? You can still fight it maybe a buddy letter can help to say he was with you in active service. It also consider secondary good luck!
@johncerro7486
@johncerro7486 4 жыл бұрын
I’m a veteran getting 100% for PTSD when I die dose my wife get my money Vietnam vet 1964-1968
@SandfordSmythe
@SandfordSmythe 3 жыл бұрын
Yes
@michaelseddens7443
@michaelseddens7443 3 жыл бұрын
What whatever they have in my file I supposed to be able to see it and read and review it because they are my files if I say something they can use whatever I say in my files against me I supposed to be able to use what they say against me and my files come up all everything said on both ends is my files
@johnpanek6102
@johnpanek6102 3 жыл бұрын
I filed my claim in 1970, but the VA denied my claim without obtaining my records SJ, SR.& MSR'S. Then never informed me of that. When contacting the VA I was told it was now too late to appeal. I asked for the denial and records. I was told most of the files had been lost and they were trying to locate it and would send it when it was located. This never happened.finally five decades later they found the records and gave me 100% S.C. FOR PTSD, BUT won't make it's retroactive! What is the best procedure to gain retroactive status?
@johnpanek6102
@johnpanek6102 3 жыл бұрын
Please give me an email or contact info@nervecenter.org for the legs process! Thanks. Capt. John
@johnpanek6102
@johnpanek6102 3 жыл бұрын
The VA kept insisting that the Nexis records were my imagination, until they finally produced them!
@gtoexpress8111
@gtoexpress8111 2 жыл бұрын
Sounds like a boatload of backpay don't see how the VA get around not paying you when they lost the file and found it - SIR
@tomdarco2223
@tomdarco2223 4 жыл бұрын
do i need a lawyer, am i supposed to watch and learn all this in order to win
@usarmyinfantrymen4863
@usarmyinfantrymen4863 3 жыл бұрын
CCK are lawyer present your condition and they can obtain your service records they are working on my case now
@mr.cleanone3900
@mr.cleanone3900 5 жыл бұрын
On another not . You must inform veterans that they can request a progress report for all their v.a. Visits. Do you can see what everyone is writing about you. I call them out on their lies all the time.
@leigecanete2268
@leigecanete2268 3 жыл бұрын
My name vernon m. Jones i was in vitnam war year 1968 to 69 my complain swelling leg and pain full. My email address taco2delux @yahoo.com
@jhunarlantico1975
@jhunarlantico1975 5 жыл бұрын
Remove one kidney is this service connected
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