VA Benefit of the Doubt Doctrine

[@TriggerTravels]

You should not be relying on the benifit of doubt rule. It's more like a last ditch safety net you'd rather not rely on. You want to hit it out of the park with medical evidence in your favor so there's not even a contest.

[@wardog907]

I was denied TDIU because I drop out of the Vocational Rehab program. However I received an increase for PTSD and the psychologist said I am unemployable. It’s on appeal but I believe they purposely deny claims and look for any avenue to deny not assist.

[@char23c]

Michael, here is what they do. Delay, deny, and hope he dies. This is the technique most Regional Offices uses daily.

[@nickshields1670]

Am still waiting on dession

[@darrelldogd1799]

I have a smc code l for schitzophrenia..I sent in the hospital report of my sep 2014 2 heart attacks and 4 by passes and I sent in my claim my new medical doctor report on my COPD at 34% lung capacity..what could my rating be in smc now

[@zackiinu7194]

OUTSTANDING presentation! I feel so much more confident now with the evidence I have thus far to file my claim. Thank you! (Army 81-83 - CARC injuries)

[@joeh14]

Q: the VA says my back condition existed prior to service which was unknown by myself or the military. I have a documented back injury with medical treatment prior to being discharged. I have been denied without any c&p exam. Their claim is it was a preexisting condition and my injury does not come into play!!! What is your opinion?

[@Rshen11]

Get your Cfile.. go to the va and complain about your back

[@revengec]

I have a quack constantly lying in my medical preventing my proper treatment or service connection! My question I proof and my VA is refusing to take my proof preventing service connection. How can i get around this?

[@robertleski3307]

My problem is that I gave the VA the day, month, and year plus the time because I found a video on KZbin. But my VSO put in place it happened was Vietnam knowing from my DD214 I was not in Vietnam. So now I look like someone just trying to get benefits for anything I can snag. Is there any I can do to change this, but I didn't find it until I got my C file which took 8 months to get. I know you just can't change something in the C file without a fight. But my VSO won't admit she messed up, but said I told her to put that in, which is a Lie. What can I do

[@SOCORROGM]

they make it sound so easy,

[@fcap42]

it is.

[@nickshields1670]

How long does applies take

[@jeffgracianette9785]

here is my favorite reply denial is not considered to have been clearly and unmistakably erroneous because the alleged error involved an exercise of judgment which cannot be characterized as undebatably erroneous

[@travelwithcraig1]

Appeals court remanded everything on me with 7 DBQ's from outside pain doctor, 4 ley statements and the board said there was a lot of evidence on my behalf and suggested that I have another 2 C&P exams. Wrong

[@ShortJourneys702]

They approved mine, denied any back pay. Gave me 3 c&p exams over 6 years. Counted benefits which were need from July 20th...they are full of crap. This is a remand

[@jameswilliams2638]

The VA appointed me a Fiduciary while my case is still in the appeal process. I was giving a psyche evaluation and the Examiners found me to be Competent to handle my funds. They made this recommendation on my behalf. Now what is the next phase in this process.

[@dlondon1144]

Thanks for this -- really helpful. Quick question: is it true that the VA grants service connection for Tinnitus more easily to some MOS's than others? If so, is there a list somewhere that we can check?

[@CCK_Law]

@dlondon1144, thanks for watching! We are glad you found this video helpful. VA grants direct service connection on a case by case basis. It may be helpful to submit evidence, such as a lay statement, outlining the ways your MOS contributed to tinnitus.

[@fcap42]

yes there is a list is a FAST letter issued to va examiners.

[@fcap42]

it gives them an MOS breakdown with the likelihood by MOS and branch of service.

[@paulgregg9298]

Is there a specific form to use when the VA's Benefit of the Doubt Doctrine was NOT utilized?

[@nickshields1670]

Am 70% and put n for UI

[@DikaMo]

Great job ladies! Very informative.

[@CCK_Law]

@Michael, thanks for watching! We are glad you found our video informative!

[@mrz-1860]

Yes thank you & you also Michael 7-17-19

[@timdavidson1054]

So everytime they won't look at arrest reports on PTSD incidents, Duty to Assist was violated?

[@duwaynehall9222]

My claims go back till 2004 it is so diluted and confusing that there have been at least 10 DETERMINATIONS THAT HAVE BEEN COMPLETED UNFAIRLY, REFUSING TO ACCEPT EVIDENCE THAT CLEARLY DISPUTES WHAT THE VA is claiming!

[@robertodejesus2529]

Very educational, thank you

[@hausofezzy3955]

What if your military service medical records are lost?

[@jamesstiles3599]

I had exam by the VA and they awarded me 40%, then they had me 3 months later do another exam and now they've given me 20% isn't it not getting the benefit of the doubt when they contracted both exams

[@imstelios]

Glenn G.1 second ago I have 10 different things I'm rated on and I'm at 90% and going for 100% on the normal scheduler rating. Can mine come back TDIU even if I do not want that? Thanks

[@CCK_Law]

@Glenn G., VA can grant TDIU if it is raised by the record and it determines you are unable to work as the result of your service-connected conditions. However, you still have the right to pursue a 100 percent schedular disability rating.

[@Kimberlyrodgers7]

Chris? What would the purpose be in doing that ? Is it more permanent? I’m worried about TDIU being very susceptible to getting lowered at some piont

[@imstelios]

I'm at 100% now and still working so all is well in Oklahoma where there are many benefits from the state for 100% rating!

[@flutoporter6971]

Is this benefit of doubt....dro at Chicago regional saids i didnt file va f 9 on time for july 31 2013...time frame..dav rep told bva judge its not on computer...but i myself fill out va f 9 on july 31 2015 for earlier effective date...judge ask me how did i come and know to fill this va f9 out.....i told judge i just did it

[@GrandpaJimsCloset]

I have a 90 disability an i just got a letter from QTC for a C&P exam by phone. I am 73 yrs old and am bed ridden, I broke my left hip 2 in the same place my heart stopped me from having a rod put in my hip. I had a 5 way bypass and a stroke on my right side. I am bedridden. Why did I get this letter. My second question is can I apply for sis thank you. James

[@eQuariuz]

I thought after 55, it becomes permanent?

[@chino2037]

You should be at 100% P&T and since you are bedridden you should also get Special Monthly Compensation and Aid and Attendance. You can file a claim online.

[@Tank_Tha_Rottee]

My question is : I asked the VA to make a decision on hearing loss but I also had another claim for tinitus which was filed a couple months later. I got a letter from the VA stating they could not give a decision since hearing loss was "intrinsically intertwined" with tinitus. I had a C&P exam for both at the same time. Two months ago I received a favorable decision for tinitus the later claim. The VA has scheduled me for another hearing exam. Does this make sense since they already stated they were both "intertwined"?

[@CCK_Law]

@D U, thank you for watching. VA might schedule an examination prior to issuing a decision on a claim when it believes it needs more evidence.

[@Tank_Tha_Rottee]

@@CCK_Law Wouldn't the first C&P exam where I did both a hearing and tinitus test be enough? Especially in their own writing they're "intrinsically intertwined. That question in my mind is : How could you decide favorable on one and not the other at the same time?

[@Kimberlyrodgers7]

USA#1 !! That’s not entirely true. If your nearly 100% deaf and can’t wear a device you can use for special compensation with other disability’s (just depends) it’s always better to have it documented.

[@SOCORROGM]

i have a hearing loss for 12 years of flight deck flight line have 10 % for tinnitus 0 % for hearing loss

[@rozd618]

You have to be dam near completely deaf to get a hearing rating. Take your 10%tinnitus and 0% service connection and drive on. The tinnitus opens the door to alot off other secondary claims that your better pursuing.

[@jeffgracianette9785]

Can you please update this one. Or at least do a short on it and reference this. Your firm is awesome as far as good info and explaining it. And please keep saying just because it says it doesn’t mean they’ll do it. LOL

[@garyfarris5952]

Thank you

[@jameswilliams2638]

Please give me an answer. I've concerned about this matter for a long time.

[@tomdarco2223]

Do I have to watch all of your videos Do I need to study all of this to get benifits

[@rozd618]

No. Don't watch any of the videos. Just file your claim blindly without doing any research or preparation. That's always your best bet.

[@tomdarco2223]

@@rozd618 k... Go Army!

[@philipjones5364]

I have three nexus letters from two Doctors and one NP Practitioner that was denied and now appealed stating my left knee osteoarthritis is secondary to my service connected right knee injury. My C&P exam was given by a NP Practitioner on 8/30/21 lasted some 5 minutes, should my three nexus letters be a preponderance of evidence?

[@Rshen11]

How did it go

[@joeh14]

Do they still use that philosophy

[@markcinco8405]

This may sound ridiculous, but are there added steps when it looks like a 40-year-old TDIU appeal looks likely to deserve grant?

[@darrelldogd1799]

I asked ZDAV and they said smc M

[@arturoarvizugomez2036]

No no no