NEVER Accept A Denied VA Claim! Appeal With THIS Strategy

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“Don’t Accept a Denied Claim: Appeal Now Using THIS Strategy,” we dive deep into the vital steps every veteran should know to successfully challenge a denied VA claim. Whether you’re facing a higher-level review, considering a supplemental claim, or preparing for an appeal, this video arms you with the strategies to navigate the complexities of the VA claims process. Learn why the appeals process can be grueling and how to make informed decisions to avoid lengthy court battles. Subscribe now for expert insights and turn the tide in your favor!
#VAClaims #VADeniedClaim #VAAppeals #VeteransBenefits #VeteransRights #VADisability #VADisabilityAppeal #VeteransAffairs #HowToAppealVADenial

[@kurtcain7396]

Thank you, Jordan. Just got my denial letter today for sleep apnea. I would have gone to lawyer route to an appeal but now thankfully to you I will do a supplemental. You put out so much good information and such a easily understandable way. Great job!

[@BIGBELLYBULL]

I was diagnosed in July 2011, filed claim in Aug 2011 and was denied. I went from 206(1995 when I was discharged) pounds to 315 pounds(when I was diagnosed). The weight was the "cause" of sleep apnea with no "in service" diagnosis. Filed an appeal when I was denied and that appeal took 9 years! At the C&P exam, it was concluded that my discharge was a Chapter 18 (weight control failure) and the weight gain STARTED in service due to medical profiles, this resulting in the weight gain and my discharge!!! Rated at 50%. I am 100% IU T&P/PTSD @ 70%. 90% now with the sleep apnea.

[@cyb3rnoob532]

was sleep apnea diagnosed in service? if not..denied..

[@andrewbooze4201]

Thank you, thank you, I needed that, I was denied and I was ready to give up. Now I know to try again.

[@billjames3129]

Never stop trying 😊

[@billjames3129]

Never stop trying till you Approve 😊

[@youngpropertygroupinc7663]

problem is the foia could take 6-8 mo on its own

[@KINGCUZ51773]

The VA website "leads" Veterans to the Appeal Process. It's been over 2 years and still waiting....I will definitely try the other two options. Thanks!

[@ryansewell2453]

I've been part of VA Claims Academy for a few weeks now. Highly recommend to everyone. I've learned a lot in the past 2 weeks. Looking forward to have Jordan help me with my claims!

[@sunnindawg]

4:14 100%. Get the CFile before doing a HLR or Supplemental claim. Most of my claims got 0% or denied but I won 6 out of 7 claims and maxed rating. I always find a "clear and unmistakable error". I like the reapproach idea to submit a new claim but requires a new ICD10 code and 6 months of treatment. I wouldn't do supplementals again without a paid IMO and DBQ from a real Doc.

[@GAvet4lyfe]

Higher level reviews work if u know what you're arguing and get your references together...also you don't have to wait 3 months or longer if you're on too of your claim...I do "CAR" higher level reviews and I normally get another decision within 15 days....do your own research and may God bless all vets!!!

[@vaclaimsacademy]

👉 Get instant access to VA Claims Academy: vaclaims-academy.com Supplemental Claim form & HLR form links are in the video description!

[@Marios03wrx]

Love the analogies! Very relatable.

[@chrisb6823]

Just went through a HLR and it was sent back to the same! ACE Nurse Practitioner and she sent the same opinion back to HLR'er so guess which side the rater took even with 2 DOCTORS opinions on my side. The VA will examiner will always take the side of the C&P or ACE opinion It is well know that the the VA is encouraging if not paying the ACE and C&P examiners to deny claims.

[@biggumstevens1784]

I did a claim for my wrists, got denied even though the rater said in the letter that an event was noted, and a diagnosis. I did a HLR, the HLR agreed with me and said yes, we don't know why they denied you, something needs to be reviewed here...and they sent it back down to the lower level reviewer. the LLR reviewed it again, and denied me again, saying "A event was noted in your military history: You seeked treatment for bilateral wrist tendenois. You have a diagnosis: Bilateral wrist Tendenosis...however at this time the denial is sustained" im not sure what the hell else im supposed to demonstrate besides a diagnosis as well as a military related event?! I then got a follow up letter of opinion and submitted it from the areas expert wrist surgon, stating that yes, everything wrong with my wrists more then likely happened in the military and because of this event...and I have heard nothing yet... That was submitted a month ago, what should I be seeing? What should I look for? What more can I do?

[@NabichtStudios]

When I had my c&p exam in July for my knee, the examiner didn't have a goniometer to measure my flexion. He told me that he would take care of me only to find out that he gave me a very unfavorable nexus opinion and was denied. Imo this is fraud on the examiners. This is a big problem within the VA. What can be done?

[@timtoolman4125]

As long as you didn't sign the sheet that they used the goniometer you can do a supplement appeal. I had a knee replacement. They did an exam 5 weeks after. After I did my recovery allowed time I filed a supplement. They sent me to another exam. But only for scar. Just did another supplement requesting a proper exam. On that one I basically did a personal statement filling out a dbq.

[@zaharralane3753]

Contact the VA and request a copy of the C&P exam to substantiate that the goniometer was not used. Provide medical evidence from a specialist that contradicts the erroneous and inaccurate information in the C&P exam. What was the basis of the unfavorable nexus letter? Was it only flexion (diagnostic code 5260)? The knee can be rated for extension (diagnostic code5261), flexion, effusion (diagnostic code 5258), pain, and so on. This is found in 38 CFR 4.71 (a). I think the Disability Benefits Questionnaire (DBQ) for the knee and other issues should be online, and you can provide that to a private medical professional, who may provide a statement indicating that a goniometer is required for a thorough and contemporaneous examination, etc. Did you provide a personal statement or witness statements? This should include the in-service event or injury, the impact on your daily activities and your limitations at work. You can also schedule with the Veteran Service Organizations (VSO), legal aid (they may have income or other eligibility requirements), advocates, or others who assist with claims.

[@modoc8529]

Write your representative and or congressman and tell them that the VA is broken and changes desperately need to be made

[@MichaelSmith-fi8ni]

You're the Man bro!!... thank you thank you thank you 🙏

[@WowThingsThrift]

Thank you🎉🎉🎉🎉

[@serviciospr3127]

❤ Thank you!

[@0311nate]

For HLR, would you always go with the informal conference to have contact with this person?

[@spoonnwithsunshinehomestead]

Thanks Jordan! My husband and I are both disabled veterans and we watch you often. I so wish you were a neighbor. My husband has such a hard time filing claims because they cannot locate his service medical records. He was an Airborne Ranger and its just not fair. We need help bad and try to follow your advice.

[@Mamo-pv2wg]

Thankbyou Jordan for this video. Thank you for teaching us strategy

[@Mamo-pv2wg]

Gives me hope...

[@markcinco8405]

My previous HLRs seemed to allow evidence when the reviewers called me with questions, though I never succeeded.

[@Christopher-xd5in]

How much weight does an honorable discharge carry?

[@Puertoricanmarriedtofilipina]

Thanks for the video brother😊

[@JeannyWantschange]

Thanks!

[@LendersForLife]

I thought the law restricted any fees over 20 percent.

[@dexterhazelton5658]

Thank you

[@stephenajones4438]

I did exactly what you're talking about. I forgot to submit my personal statement explaining the gap and lack of medical records when I first got out because the Clinic closed. I am within my year of the denial. My C & P results for movement are in my favor, so I don't want to take another C & P exam. The examiner based her opinion on not knowing why there was a hole in my records after I got out. Should I submit my personal statement stating this fact with all the information I can gather about the business closing? Should I also gather some personal statements from my wife and co-workers explaining how my injury has affects my daily life at home and work? Thanks in advance.

[@mkultravibes7763]

I started my claim 20 yrs after service . Put in for back , ankle and shoulders . Got denied . There were errors by the examiner . It was noted I was missing 10 yrs of records (gap) I explained to the HLR that the doctor stopped practicing and destroyed all records. Kind of weird that was only noted for my back . The others they didn’t mention the gap in which I hardly had any record 🤷‍♂️. Anyways after couple deferrals and 17 months later I won all of them . Except for my right ankle which I’m appealing . It was a good 40k in back pay . Then again I had a buddy rated for back, ankle and shoulders with no evidence just a IMO . His attorney says continuation of treatment is not “law” he was also a former rater

[@stephenajones4438]

@@mkultravibes7763 Thank you for taking the time for replying. I really do appreciate it. Like you, I am late to the game. I didn't get my first claim approved until I was 30+ years out. I got out in Dec 1991 and my first claim was approved in 2022. Thank you for the Information. I will carry forward with the plan and fill in the gaps. Best of luck to you Sister/Brother. I hope you receive all you think you deserve.

[@wkwmobile]

In 2023..."You have been diagnosed with Insomnia," the C&P examiner says for duties on the shipboard and recruiting duty. So why would they say not service-connected?

[@icyblue8]

Once you are diagnosed you need to also seek care for further documentation. The VA will stay you don’t meet the rating of even 0% due to not seeking care thus it isn’t that serious. It’s denial by technicality

[@stevenbrashears6768]

Higher level review is certainly not fast.. I filed mine in April. It took until mid July before they did it. They the called it a duty to assist error set it back and I got a new c. And P exam August 22nd and has been ready for review since August twenty sixth just stuck there

[@mkultravibes7763]

Mine took 17 months . They kept deferring but finally got it back 2 months all approved. Multiple conditions got me to 94%

[@radtad676]

@@mkultravibes7763did you get back pay for 17 months?

[@patricehartman4415]

What should I do Kordan to get my claim for PTSD adjudicated…had a C&P exam and was diagnosed during the exam, submitted my packet but was denied because they could not find proof of the deployment in my personnel file, no orders, nor was the deployment on my DD214. All I have is two buddy statements and copy of LES’s showing IDP, and HDP. I witnessed and participated in a tragic event while on deployment and it haunts me daily but feel like I am stuck now.

[@vaclaimsacademy]

You tried with the buddy statements and still got denied? It sounds like it may be worth escalating to a Sworn Declaration. Google “sworn declaration VA claims”. It’s essentially the nuclear option

[@edwardperez6729]

Hi, thank you in advance for your work. I filed several claims at once. Some were denied, do I have to submit all supplemental for my denials at the same time? I’m ready to submit for some conditions, still working on the other conditions.

[@vittoriomaximum6548]

FOIA take sometimes a year to get those from the VA.

[@natashascott8489]

I just saw a video this week that said if you go to an accredited VSO like DAV or American Legion office they can see your c&p exam. They can’t give you a copy but they can read it to you. I might try that route.

[@spec46971]

I just submitted an HLR for my left ankle injury secondary to my service connected right hip they denied it saying it was my age. 38CFR 4.19 states that a rater cannot use your age in a decision for a compensation claim I supplied a nexus letter from my doctor in the initial claim.

[@BirdVidal]

I was diagnosed with asthma and I claim sleep apnea secondary to asthma and was denied need help to refile my claim

[@JeannyWantschange]

Awsome video

[@KenSimmons-w1l]

Is submitting a VA 21-4138 Statement In Support of Claim considered additional evidence before a Veteran Law Judge? Can I submit one during or prior to my scheduled hearing? I did submit a statement with my claim but it was not on the proper form and it appears to me that it was not considered by the rater.

[@wyleya1]

Hello, what should I do? I was denied twice but service connection for my migraine. I did a supplemental and was told I was being denied because my migraine was “no” prostrating my new evidence on medication now I work a statement and I had a buddy statement which clearly both mention my episodes.

[@AMO248]

Question that I have not seen much on. My claim for TDIU was denied but they also purposed reducing my migraine rating from 50 to 30 and gave my a 60 day due process period. I had JUST gotten the increase to 50 less than 8 months ago. In their letter they state that I'm ONLY having ONE migraine a month that is prostrating. I have no idea where they got that information from it's not in my records, in fact my records show that I'm averaging 22 prostrating migraines a month and that's how I got to 50. What do you do when there is an obvious error or false statement made, I have no new evidence do I just submit a letter pointing out the issue and hope for the best? I have done a lot of searching but can't really find any info for this type of problem.

[@vaclaimsacademy]

I would get to the doctor to get treatment up to date, then retroactively fill out a migraine journal going back 2 months that shows the number of attacks (of course off memory it will have to be an estimate)

[@AMO248]

@@vaclaimsacademy Thanks for the reply and info. I forgot to mention that I'm 58, shouldn't the 55 rule been applied?

[@noddyroddy4841]

Hey Jordan, Just submitted 2 weeks ago my Personal Statements for Gerd Increase (10%), Migraines Increase (0%) & Back Supplement. Had a scheduled ACE today and they never called. I hope that's good? I have Prescribed Sumatriptan now for Migraines that I didn't have before and Personal Statement. I have 2 Prescriptions now for GERD Pantoprozole & Famotidine that I didn't have before along with a Personal Statement with symptoms. Whatta you think?

[@sergeantmao8017]

Hey just curious for your migraines to succeed 50% you need to complain to your PCP on secure messages and complain to a nurse that will build your heavy evidence. Stick with the same prescription or higher your dose. Start getting your personal and lay buddy statement ready. And prep yourself download DBQ and study it if you wanted a higher rating for migraines. Some of stuff Jordan mention in a few video does explained step by step. Just pick his brain that’s how I’m able to get static migraines condition and had fought it for 3 years.

[@noddyroddy4841]

@@sergeantmao8017 I did. Log info of severity.

[@noddyroddy4841]

@@sergeantmao8017 Yes, Did my improved PS and submitted it.

[@tlteal]

How do you find out the status of the HLR in the tool? It doesn't say if someone's reviewing it, looked at it or any type of status that I can tell. Thoughts?

[@Shaney50]

Question! I just had a Battle Buddy who received an increase. This person‘s retro did not go back to the intent to file date because their letter said that they did not go see a VA provider or a VA contracted provider for their C&P exam. Is this a new thing?They only went back to the date that they saw the provider that they saw for retro pay. Sounded a little weird to me. Without seeing the letter I can’t verify. So I’m just putting it out there to see if this is a new thing.

[@kalainaconnor9048]

What if your denial letter states” You are not eligible for a Higher Level Review?

[@vobi2612]

Shoot,, I was denied without a C&P. Working on it.

[@vaclaimsacademy]

It happens, a bit of troubleshooting and you should be right back on track to getting a good look at a victory opportunity here soon

[@shhhhh232]

Your free nexus letter link is down.

[@winstondafrenchie]

I was denied for neck pain with a favorable Independent Medical Opinion that was not listed in the evidence section of the decision letter but is a document that I submitted and a negative medical opinion on the C&P exam. Would this be an automatic HLR?

[@thepaxeffect2670]

no, get the c&p ask for another one because the previous didnt state what you wanted.

[@WillHelpsVets]

We just started a client that wasted 4 years with lawyers who made claims with the intention of getting denials

[@vaclaimsacademy]

You know, I wonder how widespread that practice is 👀

[@MM-sq5pf]

VA denied a fully developed claim with DBQ from a doctor for an increase of my mental disability denied because I had no prior history with this doctor, any suggestions?

[@Basillio11]

FOIA takes just as long as a claim.

[@Runndeep]

Longer

[@ST-lt4ls]

Please don’t give people false hope. Claim for SMC A and A last November. Denied in March. HLR with IC filed in March. Conference wasn’t till end of July. Two c and p’s ordered, completed in August, and September. Still waiting for it to be decided. It’s fucking nuts.

[@Bigdawgrazorback1]

Damn!!! Didn't need to hear that. I filed an HLR in July and they found a DTA error last week. I had my C&P yesterday for my back. 3rd C&P for my back. Probably won't hear jack shii until January..

[@ST-lt4ls]

@@Bigdawgrazorback1 probably not…smh. It’s so stupid. Deny deny until they die.

[@Bigdawgrazorback1]

@@ST-lt4ls I know. Makes you tired of trying..

[@ST-lt4ls]

@@Bigdawgrazorback1 it sure does. And we are told that we will still likely have to appeal to VBA.

[@modoc8529]

And the c and p exams are a frickin joke

[@196940oz]

Very Very well said!!‼️‼️. A new transmission bc of an engine light 😂😂booom.

[@SubcommondanteX]

Question on Sleep Apnea. I have an intent to file but have not filed the claim. Do I need to have it filed for sleep apnea in order to secure it before the April change? Have touched bases with AME, who seem more fair than other groups. I was denied service connection on my last filing, though I've done sleep study showing mild sleep apnea and I have CPAP machine--which I don't use due to noise and discomfort of the face mask.

[@jesus-b5w8e]

Is closed case a denied VA claim? Is it gonna reduce your current rating?

[@JohnRodriguez-zn4gf]

What about this? The person who performed the "C&P" exam(s) was NOT a MD or was NOT a MD Specialist to render medical opinion(s)? And the claim(s) was/were Denied?

[@mrm1521]

Start with your decision letter. Write down all you can remember about your exam and ask your VSO what can be done according to the regulations for a bad C&P exam that wasn't fair and contemporaneous. You MUST get to know the regulations they use to rate your claims and you MUST have a diagnosis, connection to service, and solid medical evidence.

[@JohnRodriguez-zn4gf]

@@mrm1521 Yes, I had all the eggs in one basket and I did everything letter by letter, I even submitted a "Nexus" and my claim(s) was still denied. The VA needs to be sued and there are no lawyers man enough to step up to the planet to file the "Class Action" lawsuits. Despite all this, I carry on by realizing that, GOD is still Good!

[@Flyhook]

I made it

[@tommarinevet]

Never accept a denial. Always appeal..no matter what happens..go to BVA or CAVC or all the way to Supreme Court

[@russelbrown6275]

Whatever happened to giving the Veteran the benefit of the doubt ?

[@JohnRodriguez-zn4gf]

The Whole VA claims process is a lot more complicated than what Jordan just explained. Even if you do supposedly all the right things, claims still get denied leaving claimants totally confused about all the shit it is repeatedly claim by copy cat bloggers. Where claimants are keep in the dark as to what should they do next? Another supplemental or just go to the meat grinder appeal process death long road and ultimate delays that causes claimants to give up what the VA objective is?

[@mrm1521]

It really isn't if you have a diagnosis, connection to service, and solid medical evidence. Start with your decision letter. You MUST get to know the regulations they use to rate your claims and you MUST know the rating criteria for each condition. YOU must educate YOURSELF because as you've discovered, the VA isn't going to tell you how to win your claim.

[@JohnRodriguez-zn4gf]

@@mrm1521 OK, OK, Thanks anyways for your kind feedback. We could go on and on with this debate. But only a small couple of things. I thought that the CFR also places the same responsibility on the VA "A Duty To Assist" and not to mention that, if Veterans' claim (s) fall under the "Presumtive" injuries long list or the PACT Act, then why are Presumtive claims also are being denied, as well?

[@comodice905]

Bloke jordan is right watch the video 2 more times paying attention more each time

[@Alan-uq6sg]

​@mrm1521 exactly knowledge is power.