You discover a serous medical condition and believe it is related to your military service. What do you do next?
First, is this a 100 per cent disabling condition?
If it is, Rightrdia would suggest you file a claim with Social Security first because the claims process is faster and more automated. If Social Security (SS) validates the claim, this may have a positive impact on your VA claim.
What is your specific condition?
Get a board certified specialist to identify any primary and secondary conditions. For example if you have a pituitary disorder, you may have the secondary conditions of hypothyrodism, adrenal insufficiency, hyogonadism and diabetes insipidus. You can submit a claim for each condition.
Check 38 CFR, part C.
This lists all of the medical conditions and provides rating tables for all of the diseases and conditions the VA rates. See if you can find any of the diagnostic codes (DC) that fit your condition. For example, secondary adrenal insufficiency and Addison's disease are similar conditions. Let the VA know this. It may expedite he rating of your disability.
Is is hyper- or hypo condition.
If you too much of a certain chemical or hormone your blood, this is a hyper -condtion. if you don't have enough, use the hypo-prefix. There are big differences between hyperthyroidism and hypothyroidism.
Are you ambulatory?
This is a big issue with SS, but less of an issue with the VA. Of course, you are either 100 per cent disabled or not disabled in the eyes of SS and must submit your disability claim before you are 66.
In the VA there are shades of gray and you can be disabled between 0 and 100 per cent. Even a 0 per cent disability will get you VA medical service, equipment and pharmacy support.
Individual Unemployability (IU).
Congress passed this law probably because they knew the VA was institionally low balling a lot of veterans. If you have one disability of 40 per cent or more and an overall disability of 70 per cent, you can apply for IU. You can get statements from employers and co-workers to verfiy you job related poblems and also get your employment history from SS. The Board of Veteran Appeals (BVA) will not contest IU if you are 100 per cent disabled from Socail Security and meet the VA thrshold for an IU claim.
Watch out for temporary ratings.
The major was recently rated for the temporary conditions of polydispsia and polyurua which are excessive thirst and urination. These medical terms are actually symptoms of diabetes insipidus, a chronic condition.
A temporary condition means the VA can reevaluate the condtion and remove the disability rating. It also means the vet will have to provide continuous documentation to maintain the rating.
VA fuzzy math.
By the way, the Va uses 'fuzzy math" to determine the overall disability rating of a veteran. If you think that a 40 per cent disability for sleep apnea and a 30 per cent for Addison's adds up to a 70 per overall disability, think again!
Rightrdia suggests you be proactive in your VA claim and do not let your VA rep handle all aspects of it. Respond directly to VA letters and the VA timelines and provide an info copy of your response to the VA rep. Meet with you VA rep whenever you need help. There are also plenty of resources on the Internet for Va claims.
Social Security has a more automated and streamlined system than the VA that uses bar coded letters that can be faxed back to SS. However, one can now submit a VA claim online and the VA has also implemented the the disability claim questionnaires (DBQ) to expedite certain claims. Your doctor can even certify your DBQ online.
If you think getting a diability from the VA or Social Security is easy, think again. The major has found the SS disability staff to be more fact based than the VA. Many of the VA raters and C&P doctors write adversarial opnions that contain errors of omission. Some of these people can be confused by the facts.. If you want justice, you may not find it until you get a Decsion Review Officer or BVA review in the VA.
The Bay Pines VARO also appears to be populated by some right wing nitwits leftover from the Bush administration who are ideologically opposed to awarding disabilities regardless of the circumstances.
This is why filing appeals appeals to the BVA and to a Decision Review Officer (DRO) in a timely manner are essential. Most of the VARO rulings the major has reviewed contained errors of commission and omission.
If your condition is not covered by a DBQ, see the Rightrdia hyperlinks for some ideas on how to write the initial claim:
http://rightardia.blogspot.com/2010/07/part-1-va-disability-claim-checklist.html
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