Intro

Welcome to our Military Disability blog! We encourage participation. Please feel free to comment on any post, including questions. We want to make sure we give you the information you need, so feel free to ask us anything about military disability, and we'll add it to our blog queu.

Our goal for this blog is to jump deeper into specific issues than we can on our website, www.MilitaryDisabilityMadeEasy.com. The site should still be the first place you go, though. It has an immense amount of information, and should be able to address the majority of your questions very well. If not, please let us know.

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Last but not least, this blog is going to deal just strictly with the specifics of the Military Disability system that is functioning right now. You might also want to follow our Top News stories for all current news about and future plans for the disability system.

Monday, April 27, 2015

How To Submit a Perfect VA Disability Claim

So it’s time to submit your VA Disability Claim, and you want to make it the best it can possibly be in order to decrease the processing time and ensure the most accurate ratings for your conditions. Good for you! You are already so much closer to success than the majority of Disabled Veterans out there.

We cover the basics of submitting a claim on our VA Disability Claim page, but there are two areas that, with a bit extra attention, can turn a good claim into an outstanding claim.

#1: Listing Your Conditions

How you list your conditions is very important. I’ve heard many theories on the best way to list your conditions, and I’ve come up with what I believe to be the best approach.

- List every condition you have. When you are putting together your claim, it is not your place to assume to know what the VA’s Rating Authorities will and won’t rate. Yes, you should definitely be knowledgeable about it and have a pretty good idea, but ultimately, it is the Rating Authority’s decision what will be rated, not yours. You may hear about things like the Pyramiding Principle that won’t allow conditions that affect the same body function to both be rated. This is a true principle, but don’t then say, “Well, if they won’t rate both, then I’ll only list one.”

NO. It’s very nice of you and everything to want to make the Rating Authority’s job easier, but this part of the claim is NOT the place to do it. By not listing the second condition, you have ensured that that condition will not be rated at all. There is no way. They will only rate conditions that you tell them to consider and rate. If you don’t list it, they won’t do it. There may be a special circumstance (the VASRD has many) that you don’t know about that makes an exception to the Pyramiding Principle in your particular case, and both of your conditions can, in fact, be rated. Since you chose to not list the one, however, you’ve taken this option off the table.

The Rating Authorities will look at every condition that you list and will break them down and combine them as needed to give you the best rating possible for all of your conditions. It’s their job. List EVERYTHING you have, and you’ll keep from limiting yourself at this stage.

- Only list diagnosed conditions. While you definitely need to list every condition you have, let’s not go overboard. List only conditions that have been officially diagnosed. There are two layers to this guidance.

First, you don’t want to list every single symptom that you have. A symptom is NOT a condition. If you list every single symptom you have, you will definitely annoy your Rating Authority, no question. Not a good idea. List only diagnosed conditions. So if you have GERD, don’t also list heartburn. Heartburn is a symptom of GERD and would thus be covered by a rating for GERD. It is NOT a condition in and of itself, but a product of the GERD. Just list GERD. Similarly, if you have arthritis in your elbow, don’t also list elbow pain. The number one symptom of arthritis is pain, so it’s already a given. Arthritis is the official diagnosis, so just list that.

Now all this being said, if you don’t know if a symptom is covered by a particular diagnosis, it is better to go ahead and list it separately than leave it off. Use your best judgement here.

Second, do NOT list a condition that has not been officially diagnosed. For example, if you personally think that you have PTSD, but nowhere in any official medical record has PTSD been diagnosed by a psychologist, then listing PTSD is a sure fire way to get your claim denied. If you disagree with a diagnosis that a physician has made, then you need to take that up with your physician and have him change the diagnosis. Never apply for a condition that has not been diagnosed or cannot be found in your medical record. Your claim for that condition will be denied.

Instead, list whatever HAS been diagnosed. In the case of PTSD, if your psychologist only listed Anxiety Disorder as a mental health diagnosis in your medical records, then by all means list Anxiety Disorder on your claim. The Rating Authority will see that it was clearly diagnosed and will rate it accordingly. In this particular case, as well, although PTSD may sound more severe, both PTSD and Anxiety Disorder are rated on the exact same criteria, so regardless of the name, this vet will receive the same rating. The name doesn’t make a difference in this case except that a claim for undiagnosed PTSD will be denied while a claim for Anxiety Disorder will not. List whatever conditions you have been diagnosed with, and your claim will be processed correctly.

- Don’t be vague. I’ve heard some people say to just list a generic idea like “stomach condition.” What?! What is a stomach condition? Can you be any more vague? What kind of condition? No doctor will ever diagnose someone with a “stomach condition.” Again, list your diagnoses. You aren’t covering more territory by being vague, instead you are making the Rating Authority’s job harder by having to figure out what the heck you mean by “stomach condition.” List what you have.

If you have something that has been recorded in your medical record, like stomach pain, but no official diagnosis was ever made, then just list it as found in your medical record. Don’t be vague and call it a “stomach condition.” List it as it appears in your records: “stomach pain.”

Believe it or not, “pain” is a legit thing when it comes to Military Disability. In some cases, like pain with motion in the joints, it can even be rated without an official diagnosis. Regardless, you have nothing to lose by listing it, so if you don’t have a diagnosis, but do have pain recorded, list it on your claim.


#2: Your Supporting Materials

The other day, I was contacted by a service member who was preparing to submit his VA Disability Claim, and he was wondering if there was a preferred way of organizing his medical records, like by condition or chronologically. Now the majority of veterans have probably never thought a thought like this. As long as they have my records, who cares? But I say kudos to this service member! I predict that this man’s VA Disability Process is going to go very smoothly. Why? Because not only is he trying to be prepared and submit a good claim, he is going above and beyond and ultimately showing RESPECT.

The Rating Authorities who review the claims and make the rating decisions are very powerful people with the ability to make a big difference in your future. While they are required to follow the laws in place, there are many instances where they do have to make judgement calls. While personal feelings are never supposed to have any sway in their decisions, I don’t think any of you would argue that a person wanting to get you the best they can because they like you could in any way be bad, right?

So how do you make friends with someone you can’t see or talk to? Showing them respect by submitting a superb claim that is organized to make their job as easy and quick as possible is a great start. Coming across a claim like this when I worked for the PDBR would definitely have put me in the right mood…

So, after listing your diagnosed conditions clearly and succinctly, organizing your supporting material in an easily accessible fashion will entitle your claim to a smiley sticker.

There is no ultimately right or wrong way to organize your materials, but here are my recommendations based on my experiences sorting through thousands of medical records for the PDBR. This is what I would have liked to see and what I would do if I were submitting my own claim.

1. Only include medical records that are for the conditions that you are listing on your claim. The VA asks you to submit your entire military medical record to make sure that you don’t miss submitting essential information that will then cause the process to stop while they scramble to get the right info. In reality, however, an entire medical record can consists of THOUSANDS of pages, many of which probably have nothing to do with your claim.

For example, if you are claiming a stomach ulcer, don’t include all your dental records. Your Rating Authority does NOT want to have to go through each of your dental records to find the pages that actually matter for your stomach ulcer. Do include everything you have on your stomach, but leave out anything that has no relation at all.

If you are in doubt about whether or not a record is relevant, then definitely include it. It isn’t worth leaving out something that could end up being really important. Just get rid of the things are clearly unrelated, and you will have a much happier Rating Authority.

2. Organize your medical records chronologically by condition. Sort through all your documents and put them in piles for each of the conditions that you are claiming. Then organize each pile in chronological order. If submitting a paper claim, paper clip all the records for each condition together and label the pile for the condition. Then put the piles in the order you listed the conditions on the claim. If submitting an electronic claim, try organizing the files in a similar fashion. Make sure to name each file so that it is clear without having to open it what the file contains. This will make it super easy for the Rating Authority to find all the evidence needed for each condition, and they will be very happy.



That’s it. With clearly listed diagnosed conditions and easily accessible medical records, the Rating Authority’s job will be much easier and proceed much more quickly, thus making your VA Disability Claim the best it can be.

Wednesday, April 15, 2015

You Spoke, We Listened—The Comments Submitted on Your Behalf Regarding the Female Reproductive System Changes

At the beginning of March, we reported that the VA had made public their Proposed Changes to the Ratings for the Female Reproductive System. Full details about their proposed changes can be found in that article.

Whenever the VA makes changes like this, they always allow for comments on the proposed changes. We asked for feedback from you, our veterans, so that we could compile and submit a report detailing the main issues that you brought up. We had many people participate and submit comments, and we are excited to now report that we have submitted the following comments to the VA.

Thank you to all who replied. There were many great circumstances and arguments raised, and we feel that there is a good chance that our comments could make changes to the laws and have a hand in ensuring more fair and accurate ratings for our female veterans. We hope to be able to soon report a successful outcome after the VA has taken all comments into consideration and made the final ruling on the proposed changes. We’ll keep you updated.

The VA is rewriting the entire VASRD over the course of 2015 (it will most likely spill into 2016 as well), so many more opportunities will be coming to comment and make your voice be heard. As soon as each section of proposed changes is published, we’ll get a blog up and invite comments, so check back regularly to make sure that you have the chance to make a difference in your life and the lives of other disabled veterans.

Here is the report we filed with the VA in full:


As a national veterans’ organization, we at www.MilitaryDisabilityMadeEasy.com have the great opportunity to interact with a large number of disabled veterans, many of which are female. After blogging about the proposed changes to the Gynecological Conditions and Disorders of the Breast, we received numerous comments and opinions about the proposed changes. The following comments are compilations of the main issues our veterans brought to our attention. Thank you for taking our comments into consideration.

Item #1:

We would like to propose adding a new code or adjusting the proposed codes to include infertility due to the loss or loss of use of other organs besides the uterus and ovaries. While the uterus and ovaries provide the main source of female reproductive capabilities, the malfunctioning of other parts of the female reproductive system can also cause similar outcomes and significantly affect the ability of a woman to conceive and bear children.

While the use of analogous ratings could provide fair ratings for veterans, we have been familiarized with the stories of many veterans who have been denied a fair rating because of this flaw in the VASRD rating criteria.

In one particular instance, a veteran developed a severe infection while on active duty that resulted in the removal of one fallopian tube and the complete loss of use of the other. She was declared infertile at age 19. After leaving the military, she applied for disability benefits, but was only awarded a 0% rating under code 7614 for injury of the fallopian tubes. The rating criteria under this code only provides a compensable rating if there are active symptoms, but doesn’t take into account the loss of reproductive abilities. Looking at the codes (7617 – 7620) for loss or loss of use of the uterus or ovaries, the minimum rating for a condition that causes infertility is 20%. This rating does not take into account any symptoms at all, just whether or not the organs are able to function reproductively. As such, it would only make sense to have any damage to any part of the female reproductive system that causes infertility to be rated at least 20%. After 25 years and repeated appeals, this veteran is still only receiving a 0% rating for a condition that made her infertile, while many other veterans with the exact same symptoms, just different organs damaged, have ratings of 20% or more.

Item #2:

Although not directly related to the rating criteria, we would like to propose adding repeated miscarriages to the presumptive list for female veterans who have been exposed to radiation, herbicides, or other environments that could negatively impact the ability of a fetus to properly develop and carry to full term.

There is a large amount of direct evidence that exposure to radiation and other agents can have a huge impact on the life of an unborn child, even years after the mother was exposed. The largest cache of supportive data for this argument is undoubtedly the massive amount of birth defects found in children of Vietnamese mothers and female Vietnam veterans who had been exposed to Agent Orange. While the VA offers benefits for children born with birth defects of such female veterans, there are no direct benefits offered to veterans who are unable to bear children at all after the same exposure.  

Item #3:

One of our veterans argued the issue that “repeated miscarriages from an unknown etiology while on Active Duty should be considered as potentially ratable, and awarded Special Monthly Compensation (k).”


Item #4:

Finally, a question: With female sexual arousal disorder now recognized, how powerful will it be as supporting evidence for military sexual trauma?