Veteran Kryptonite When It Comes To VA Disability Claims

🩺 NEXUS LETTERS:
This option is for those who REALLY WANT a quick turnaround.
Medical Group: crm.zoho.com/b...
MENTAL HEALTH
Dr. Prashant Sharma - Psychiatrist
📧 Email: [e-mail]
MUSCULOSKELETAL
Dr. Rachna Patel - Physician
📧 Email: [e-mail]
CLAIM CONSULTING:
gogold.vetcomm...
Referral email: [e-mail]
Best Tool For Statements And Nexus Letters:
veteranai.co/
🧠 MENTAL HEALTH COURSE:
Take control of your mental health
www.concisepsy...
Use code: “CivDiv” (not case sensitive) for 10% off
🏡 VA Home Loan and VA Housing Education:
Apply Today - bit.ly/ApplyTo... Schedule a Call - calendly.com/v...
The CivDiv is not affiliated with the Department of Veteran Affairs, and TheCivDiv is not an accredited VSO claims agent or attorney.
🎯 Mission: EDUCATE and INFORM veterans to submit evidence-based VA disability claims.
#va #veteran #vadisability
🙌 IF YOU WANT TO SUPPORT CIVDIV…
Become a MEMBER!
/ @thecivdiv
💎 Member benefits:
Discord server to answer any and all questions
Member only Live Q/As
Early access to scheduled posts
Any new comment on any video will be answered

[@TheCivDiv]

1-stop=shop for Veteran benefits: CivDivonline.com - Clay

[@Descott216]

I’ve had multiple HLR’s for the same 2 conditions and received the infamous “Duty to assist error”. During my HLR the adjudicator saw the evidence and still duty to assist me. The HLR process needs to be revamped and these people need to make decisions instead of passing the buck back to the people who screwed you in the first place.

[@lg7728]

Clay, thanks for your video. I have received VA Compensation for 17 years (starting in 2007, 50% to 100%). My first VSO was not very helpful, and I learned quickly to get educated about the VA claim process. I received 90% of my knowledge from the VA website and bits of information from other veterans. For 12 years (2012 to present), I have attended a weekly VA meeting with 50-60 veterans, ages 45 to 90, and I have been a VA Benefits volunteer for the same number of years. I have reviewed a few C-Files, written sample nexus letters for doctors, and reviewed numerous veterans’ notification and rating decision letters. I had three DICs granted, and three are pending. I have an overall success rate of over 90%! The VA C&P examiners are not the main reason veterans get denied. The blame is shared with some uneducated veterans, VSOs, VA raters, and VA C&P examiners. Personally, I have had nine C&P exams, including two Acceptable Clinical Evidence (ACE) exams. They all were good!

[@NavCom209]

Ok I'm. Very happy for you and are helping veterans that reach out to you..?

[@lg7728]

@NavCom209 Thanks! I would like to see Congress allocate funds for VSOs for an increase in salary and training. Hopefully, they will do a better job

[@sasoriko]

I 100% get your frustruation with VA C&P examiners. I've never had the "speak only when spoken to" experience personally, but some of my veterans have. For most veterans C&P examiners have the power to make or break their claim entirely. I've coached many veterans and my processes changed as I got results. What I find is that the VA will play shenanigans with the examiner and not give them the entire claim or ask very specific questions to the examiner (this happened in my claim). Today I love most C&P examiners. They used to be a wild card, but with a solid process and good evidence they are usually a very helpful presence in the process.

[@theusualsuspect6298]

The biggest issue I have with C&P Examiners is an NP, PA, PA-C, Chiropractor, or General Practice Medical Doctor, will change a diagnosis by a Psychiatrist, Psychologist, Orthopedic, Dentist, and other specialists. The reason I have an issue, how can a generalist overrule a specialist, especially when the Vet has been seeing the specialist for months or years? It happens all the time. I see denials where the Vet has been in treatment for months, sometimes years, and an NP, or PA can write the Vet was misdiagnosed and change the diagnosis. The Claims Examiner will then deny the claim stating there is no current diagnosis. I see this a lot with Mental Health claims, Dental, and cardiovascular. The C&P Examiners should be specialists on their field, and at a very minimum, if it’s Mental Health, it must be done by a licensed Psychiatrist or Psychologist.

[@shepatown]

It would be a good idea to conduct a satisfaction survey and comparison of VSOs, Claims Companies and others who help veterans with disability claims. I'd use the 5 qualities of trust (a big deal for veterans with PTSD and other MH conditions) and using various other benchmarks for satisfaction and success. When compared, I bet there'd be some clarity in what needs to improve with VSOs and others. I know there's some pros out there, who can do this. It seems like it's a big melting pot of variables right now.

[@TheCivDiv]

I think veterans will always side with those that personally helped them not matter who that person was. - Clay

[@bootsperformance]

I recently had a similar experience with my mental health C&P exam. It was the most awkward human-to-human experience I've ever encountered a question that I would answer and then up to 5 minutes of silence while a Bluetooth speaker play soothing music by the end of the exam I was telling the guy please turn off the Bluetooth speaker it's setting me off. I have no good expectations of that exam. This was a week ago. Talk about setting off my anxiety

[@itguru2037]

How did you prove your mental illness is service connected?

[@rstel66]

I concur, same. I’ve had great C&P examiners. I’ve had a couple of bad ones, who actually operate out of the same hospital clinic. This one looks to get as many examinations completed as he can. So he takes the easy route whether or not he gives a favorable or unfavorable medical opinion. His co-examiner was relatively new and I assumed would not be the same, but found out otherwise.

[@willieharvey9100]

I received 30% from BVA for menire. I submitted a supplemental b/c BVA stated if I would've shown cerebral gait I warranted higher rating. I provided documentation and DBQ. The regional office schedule c&p but attached notes instructing the contractor to refute my evidence and give a opinion. I reschedule the c&p and reported CFR 48 4.23. (ATTITUDE OF RATING OFFICER)

[@fiveaces6731]

If you have a sufficient dbq you DO NOT have to go to the c&p exam

[@6mallards]

These companies exist because they actually help vets, by your own admission, thousands.

[@TheCivDiv]

It is true that these companies help veterans but that is not the reason they exist. - Clay

[@6mallards]

@@TheCivDiv Well then what is the reason for there existence, and I already know the money part of it.

[@Beatzdareal]

Well you no the money part because that is the reason i have had examiners tell that out they on mouth we got to get payed too and i said yeah at the vet expense most of the time ​@6mallards

[@steverogers7601]

@@6mallardsthis isn’t complex or a “gotcha”. Some of them do want to help veterans, but not for free…..so, yknow….they want money for their service because they’re humans who provide a service as their means of work. Some of them simply just want money and that’s it. They know the system and know the game, so they’re taking advantage.

[@runvet1]

Clay, please see an outstanding story, “Reform the VA” in the July 2024 National Review magazine. It’s just out today. Writer Rebecca Burgess does an analysis of the VA that YOU could review on your channel.

[@Chris9385]

In your talks with VFW, if something like the GUARD Act were to pass do they have a plan to help out the 10,000+ veterans yearly who were helped by these “claim sharks” companies previously?

[@TheCivDiv]

That is a solid question. - Clay

[@MetalRipper67]

Had three different C&P exams for several claims. All three were professional and dedicated NP''s. Now this is not normal but I was very lucky. Its the luck of the draw. I hate the consulting guys but some vets need this because they need a guild to get through the process don't you think? Did all my claims myself with wife that's a RN so she was my claims shark. She's getting paid LOL! And she is well worth the money I'm still paying her.

[@Christian-y5m5u]

Yeah he called me stupid!

[@TheCivDiv]

Did you submit a claim without a diagnosis? - Clay

[@Christian-y5m5u]

@@TheCivDiv I believe so, I got back home April 13, 2024 and by April 17 2024 I went online and filled out a claim. So! when I was stationed in Alaska, I had the flat fleet thing called Plantar fasciitis the doctor I had to seen off base, told me that I was one point away from getting immediate surgery! I was also issued a CPAP machine while I was in service, for sleep apnea Every hearing exam I had showed that I failed but they said I was on the borderline of tinnitus and of course your daily dose of mental health problems. So I filled for all that and I have a mental health appointment in June 7! So hopefully I can get compensation for my health problems. But then again you said I am stupid and I was in the Infantry so I guess there’s no help for me at all.

[@Ranger75th]

​@@Christian-y5m5u TheCivDiv is saying that filing for a claim without evidence is stupid, not that you are stupid. Smart people learn from their mistakes while stupid people repeat the same mistake over and over again, even after being shown the error of their ways. The fact that you're watching this video and getting the evidence you need to submit a proper claim means you learned from your mistake, which also means you are not stupid. I think it's important for people to call out the stupid things some of us do so that we can learn from them. I personally appreciate the feedback of being shown when I'm doing something stupid, I hope you feel the same way! Just remember, what you do is not who you are so it's ok to look at something you did and say, "hey that stupid!" as long as you learn from it! Best of luck to you with your claim!

[@Christian-y5m5u]

@@Ranger75th Thanks ranger! I wish I would’ve none better!

[@philippinefandango2859]

Because you have a VFW rep there. Are there any VSO’s in the Cebu city Philippines? It would be a great help.

[@gonzo_2510]

From personal testimony that happened to me with my Mental Health C&P and she was a very nasty woman inside. I knew she was going to tell the va it isn’t “service connected “ so I submitted multiple written statements and that didn’t help at all. They still only took her word for it. The VA should do better and actually take sworn statements into more consideration and not just put full trust in the examiner

[@Mike-ew9zn]

Medical evidence by your treating doctor will be concrete evidence for the VA. Getting an outside paid for opinion is where C&P speed bumps rightfully occurs in my opinion. Volunteering VSO’s are a waste of time in most cases. Paid VSO’s are a step up but far too busy to deal with a lot of vets. That’s where pay to play organizations with attorneys rock in my opinion. There is no short cuts worth taking without factual evidence…

[@marysimmons500]

I refuse to use the contracted c&p exam companies. They tried many times to schedule my exams at least 2 hours away. I just don't trust them. That being said, I've had terrible VA c&p exams too. Luckily I'm 100% P&T now.

[@Veteran0987]

Raters use C&P exams for rating decisions. NONE of my STRs were in my C file for more than 10 years.

[@JuliusCrawley]

I have 3 claims with the Duty to assist errors

[@RonaldMarcotte-hs7qn]

VS shows in the state of Arizona is not qualified to to file anything

[@edennard1]

It just seems to me that receiving benefits is all about the secondary claims. Initial claims is just a heads up

[@Tkh21209]

Vets that submit claims without a diagnosis are not dumb; they might have not been diagnosed YET Vets that submit appeals without a diagnosis are dumb

[@TheCivDiv]

Solid. For initial claims dx is still recommended. If veterans don’t submit the dx, then they would need sufficient documented symptoms that would lead a C&P examiner to give the dx for VA rating purposes…we all know how ‘amazing’ C&P examiners are. - Clay

[@gtoexpress8111]

You don't necessarily need a diagnosis when you submit a claim i got secondary claims approved without it being diagnose Dude the raters are the main reasons there is a backlog in the first place - When the evidence is overwhelming and the examiner refuse to use it the rater has the power to still grant the claim or claims !!!

[@TheCivDiv]

Current dx is required for SC but to your point, you’re correct. However, we would never advise a veteran submit a claim without a current dx. It’s reckless and the veteran must rely on the C&P examiner. Examiners are its own dark rabbit hole. - Clay

[@kidcudi4596]

My man!!!

[@dinaray2025]

Anybody vouch for the WWP VSO's?? My 1st impression says they may be the way to go.

[@TheCivDiv]

The organization doesn’t mean anything. VSO Reps come in all shapes and sizes and are not created equal. - Clay

[@peteryounger7312]

I've had great experience working with the WWP. I would highly recommend

[@jtarrence29]

Stupid question, if you’re on title 32 502 f orders and get injured can you file a claim for that?

[@TheCivDiv]

State funded or federal funded? - Clay

[@jtarrence29]

@@TheCivDiv Federally funded, but still Title 32 so I was unsure. I’m on them and good, but my buddy developed asthma from working in a warehouse with black mold while on the orders and has the failed mold report and other medical evidence.

[@TheCivDiv]

@@jtarrence29 Federally funded = yes - Clay

[@NavCom209]

The BVA judge grant me bilateral hearing loss sent back to RO on remand and they gave me service connected 0%>>>>>I have a year to respond. What should my next step be???.

[@alexdinero8284]

Accept that your hearing loss is not that bad. It doesn't disable you that is why you got 0%. You can get a job and support yourself even though have hearing loss. I read one guy who found out if you are in the room with a vaccum clearner and cant hear it you can get compensation.. Assume this story is true to get the level hearing loss to get compensation.

[@Broommaker19]

​@alexdinero8284 VBA does not grant 0% for no reason. 0% is service connection. It is a disability. It dosen’t mean it's not that bad. 0% is the typical rating for the majority. I'm waiting to get connected for my hearing loss at 0% which is going to be a minimum to claim Tinitus in the new rating schedule as secondary to my 0% hearing loss. I would never tell anyone to "accept that their condition is not that bad and they can get a job". You don't know what their overall situation is.

[@Broommaker19]

You are good to go for future secondary service connection as in Tinitus, for one example. Read and understand your decision letter. As with all decision letters, they will state what, if any higher rating is available and the next level requirement for a higher rating regarding hearing loss. Look up the hearing loss rating schedule as to what it takes for a higher rating, along with what conditions are associated with hearing loss and Tinitus. If you had a BVA remand, I would assume you have a good VSO to explain this as you are now ahead of the upcoming new rating requirements. You are focused too much on 0% and not on the potential that it can be used for, regarding secondary claims due to service connected hearing loss. Don't let anyone downplay your service connection.

[@NavCom209]

@@alexdinero8284 I haven't worked since 2009, due to service connected lower back and sciatica in both legs, Tinnitus, I didn't file for service connection until April 2018.. didn't know about it. After I got granted 40% for back and 20% for both legs, vso submitted hearing loss and other claims on appeal, this took 3 years for remand to be sent back to RO on Atlanta, judge granted hearing loss, RO granted 0%. I now know they should have requested a higher level review instead of appeal. VA is working slowly on remanded claims. I need some good help, we have a bunch of idiots here in ga. I can't work! and I haven't since 2009...

[@NavCom209]

@@Broommaker19 VBA didn't Grant it, the regional office did on remand....I know why they did, they look at the wrong hearing test, I had one when I first filed, but I had another while claim was on appeal from Dublin VA hospital, which resulted in hearing aids with tinnitus programs, sound modules programmed with white noise and other sounds to fight Tinnitus as well as a device to hook to my TV to stream to my hearing aids. All of this from a VA hospital and they did not consider that one, only the first one I had outside of VA ..

[@StephenRicket]

If the VA did it's job then there would be no need for external C&P exams. My record is getting some traction base off of MAJOR misconduct by the VA so my external C&P exams (and internal VA exams) were fairly painless. The worst thing that I experienced was the VA's malpractice (willful, deliberate and intentional) failure to identify, report, and treat many of my conditions (including various cancers). VA like VSOs can look down upon the claimant as you are a malingerer, its all in your head or even VSOs who have combat time and look down upon Veterans who make claims as being DENIED before it even leaves their office. In my case I (being 57) have Agent Orange exposure even though I did not serve in Vietnam. However, my sons birth defects (post 1991) proves Agent Orange exposure. This make the VA SHUT MY CASE FILE and put it onto the permanent DEFERRED status. Where was I exposed to Agent Orange? I was in Okinawa in 1987-1988 and 1990-1991 (watch Agent Orange Okinawa Documentary). But if the VA wants to deny Agent Orange in Okinawa then they will have to open Kuwait, Camp Pendleton, Mare Island, Fort Lee, Fort Irwin, Millington, 29 Palms, and other bases, ships and operations that I participated in. If it wasn't for my children's birth defects then the VA could easily just deny my claim. So now they are making as much red tape, rules, and regulations as they can to prevent my claim (and others from 1990-2000 who also have children with birth defects that are linked to Agent Orange.

[@wecountingmoneyoverhere2517]

If you sign with one of the claims companies to do your claim, PAY THEM FOLKS. Don't be a lil B. Without them you wouldn't have gotten 💩

[@TheCivDiv]

Crazy part about this is the veteran's evidence and their evidence alone is what pushed the increase and/or SC. No more, no less. These companies understand that better than anyone else. - Clay

[@Juanvaldez-u5j]

Can you explain the logic used here. " Your claim is denied. Without chronicity, your in service event is less likley than not connected to your diagnosed disability and a post service illness, event, or accident is a more likley etiology."

[@alexdinero8284]

Chronicity is established in the context of service-connected VA disability benefits when a disability has been present since the in-service disease, injury, or event occurred. In other words, it means that you have had this residual condition to some degree since the disability occurred and you left active duty. The second element to prove a nexus (connection) is continuity. Continuity refers to receiving treatment for the condition since leaving active duty. In summary: Chronicity: The disability has been present since the in-service event. Continuity: Treatment for the condition has been ongoing since leaving active duty. These factors are crucial for establishing a connection between the in-service illness or injury and the service-connected disability. If clear evidence of continuity and chronicity is lacking, the VA may order an opinion examination to determine if the current disability is “at least as likely as not” related to the in-service disease or injury.

[@erimarar690]

Acute=one time event. Chronic=seen while in service 3-5 times. I write lay evidence letters that include the phrase "continuity of symtomology". T I used this phrase when I applied for tinnitus. I also use "I declare this under penalty of perjury". Signed it and have it notarized. When you do this, be sure you are telling "your story/timeline" to the best of your recollection.

[@Juanvaldez-u5j]

@@alexdinero8284 Thank you. I'm old now and never knew about claiming disabilities until one of my grandsons who just got out told me. I've had back problems since I left the military. I've mostly self treated, but have been treated at a VA clinic a few times over the last 50 years. I had to quit working in 1993, I just couldn't do it anymore. " Will a lay statement carry equal weight in "equipoise verses a negative CP exam denial for connection? Or should I get a nexus letter from a qualified Doctor stateing my disability is " at least as likley as not due to the in service event"' My wife and I are on social security so we don't have a lot of cash. Paying for a nexus will be difficult.

[@alexdinero8284]

@@Juanvaldez-u5j You come across the "nexus industrial complex" You need a body repair technician who wasn't at the event to write for you that you are broken at the event. US Congress workers couldnt just believe you. No you are not "credible." (Liar or dumb). Get va accredited attorney. Get a Va accredited attorney, you pay if the win. If you do it youself: Go to a doctor that will treat you for your back problem 3 to 5 times. Important get the doctor "to put the words of what you problem" Like back pain. Tell the story to your doctor about you records and memories about the "event' when and where and who cause your problem. Ask him her to please put your story in his her medical notes that you can turn into VA. I am guessing you flied an appeal to "supplement' Clay got one here kzbin.info/www/bejne/iWnUhKKiYt-Iq9E Submit a statement I have not had "post service illness, event, or accident" post service. Get your family to make one also. Make a statement you had back problems from this date at this location because of whatever and you had the problem every day till the now. Make a statement why you did not got to the doctor more while in the service> I self medicated, doctor visits cause me anxiety, I went to the doctor once but did not get instructions to return and get check up (no treatment plan) I thought going to sick call I would risk not get career advancement/promotion. Okay got get it.

[@alexdinero8284]

@@Juanvaldez-u5j Looks like CivDiv is editing comments. Let's see if he answers you.

[@alwaysbrown75]

I couldn’t watch the whole video because the first minute was like wow, I highly disagree. First the VA should be educating Veterans how to properly find a claim and not Veterans having to educate themselves. Next C&P exams seems be the VA’s method to deny or not provide the proper compensation to Veterans. These exams are flawed and over burden, with many examiners not even reviewing the medical records prior to even understand why you are there. Next many raters or just trying to meet the job’s Q&A standards and are not experts per se as you as the Veteran have to educate them as well too. In the end, the burden is left on the Veteran and this is where the system is failing.

[@stormvet91]

Late to the ballpark but who is this guy?

[@TheCivDiv]

VFW National Legislative Director - Clay

[@warriorsascension6163]

I appreciate a good portion of your videos and think that you have some good points, but I think at this point you really need to weigh whether helping veterans is more important to you than content creation. You have made your point clear. You're not bringing anything new to the table with rehashing this. Continuing to make this your personal mission in life to publicly ride the fence on an issue that you've personally clearly decided on is getting really old. I think at this point you really might be doing more harm for the veteran community than good with this. It's as if you're not trusting your fellow veterans to make their own right decisions with all of the info that you've already laid out.... over... and over. These companies do help some veterans. You inform the Veteran community, but don't be delusional to the fact that you speak for them. I get that after the tremendous amounts of videos you've done on the C&P process you, as a content creator, might be looking for a new 'issue' to target, but I don't think you're going in the right direction. That being said... thank you for your content. It's mostly been very helpful. Do what's best for you, but also don't do more harm in this community than you're doing good. God bless you and your family.