Does "No" mean "No" with regard to the VA and disability?

2019-04-23T13:39:30-04:00

I seriously injured my knee in the line of duty, underwent a medical board and requested a permant profile instead of being medically retired. This was granted and I was put on a no running profile but I gained weight and was eventually chaptered out for weight control failure.
I have never been fully mobile since. I requested evaluation for disability in 2003(ish) and was denied. Now it looks like I need knee replacement if I want to avoid a wheelchair. I am only 56.
Does the VA's "no" mean no forever?

Response by LTC Stephan Porter made Apr 23 at 2019 1:45 PM

2019-04-23T13:45:57-04:00

What was the “no”? Was it, 0% or no service connection?

Response by SFC William Farrell made Apr 23 at 2019 1:54 PM

2019-04-23T13:54:54-04:00

SSG Dale London you should have immediately appealed it. It might be too late to appeal it now but perhaps with new evidence you can submit a new claim. I can not see why you were denied for a service connected injury.

Response by SGM Bill Frazer made Apr 23 at 2019 2:10 PM

2019-04-23T14:10:35-04:00

1- 1st get to A VSO- preferrably from the DAV or Am. Legion. 2.Get all your paperwork to them. 3. See if it can be refiled using the VSO.

Response by SFC Casey O'Mally made Apr 23 at 2019 2:41 PM

2019-04-23T14:41:34-04:00

Unless I am seriously mistaken, 0% service connected still means you are entitled to treatment for that ailment, just you don't get paid for it (or any of the other perks fancy schmancy perks). If you are, indeed rated at 0, you should be able to go to the VA clinic and get treatment, but only for the knee (or whatever you are rated 0% for). While you are there, get upgraded.

Response by 1SG Private RallyPoint Member made Apr 23 at 2019 2:49 PM

2019-04-23T14:49:54-04:00

SSG Dale London reading through what you've posted, you should submit a VA 21-526EZ and get your knee injury reevaluated. Chances are good that the symptoms you describe would merit an upgrade.
You already have a 0% rating, so SC is established. It just comes down to the severity of impairment in determining the rating. and an exam will get fidelity on that.

Response by SFC Private RallyPoint Member made Apr 23 at 2019 3:15 PM

2019-04-23T15:15:07-04:00

Not at all. Have several people I know, including my wife, that fought for and received disability or increases in percentages over time.. Easiest way to ensure this is by 1-contacting a Service officer and have them look at your case and file the paper work. And 2- Ensure that you are continually updating and sending in new medical documents.

Response by SSG Douglas Hunter made May 8 at 2019 8:07 AM

2019-05-08T08:07:12-04:00

No, it's weed out those that are not seriously looking for help (in my opinion). Never quite the prosses and be the squeaky wheel. It sounds like you have one anyway, lol — the more documentation you can provide the better.

Good luck

Response by SN Jerome Pernell made May 9 at 2019 7:37 AM

2019-05-09T07:37:31-04:00

Go to va.gov. with President Trumps streamlined claim for disability it is supposed to be easier. You only have a short time to appeal and I believe your time has passed. But you can file a new claim. Ask for a c&p exam.
I was denied 4 years ago, I appealed it and have been on (old system) waiting list for 3 years. I was told it could be 5 or 6. Good news is if I win my appeal they will owe me back compensation to the date I originally filed. Dont give up.

Response by SP6 John Simons made May 9 at 2019 8:43 AM

2019-05-09T08:43:45-04:00

No it doesn't. I would locate a valuable Veterans Service Officer and reopen your claim along with any other disabilities that occurred to you in the military.

Response by SrA Travis Griffin made May 9 at 2019 10:17 AM

2019-05-09T10:17:46-04:00

No. What you do is put in an appeal and let them know why you disagree with their decision.

Response by SSG Dale London made May 9 at 2019 10:29 AM

2019-05-09T10:29:22-04:00

I don't want to shut this question down because I think a lot of good advice is coming through but I do want to update everybody on my situation.
I have contacted a VSO and am putting together a request for increase (I have two S/C disabilities currently rated at 0%). In the discussion it appears I also have grounds to make new claims as well. It is probably going to take some time to get this all sorted but I'll update you as it happens.
Meantime, I am learning great gobs about the application process and I will try to come in and drop some nuggets as I find them.
Thanks again and God bless.

Response by SSG Dale London made May 18 at 2019 3:49 PM

2019-05-18T15:49:40-04:00

Here's my first nugget of wisdom: Never file for VA benefits without getting advice from a VSO or at least somebody who knows the system.
It turns out that, had I known in 2003 what I know now, I could have been collecting 60% disability this whole time. I was diagnosed with gout (a form of arthritis) 4 months after I left the service. I have between 4 and 6 incapacitating episodes a year and it has ruined my life.
Here's the rub: there's a whole list of diseases and conditions in 38 CFR 3.309 that are subject to presumptive service connection in particular circumstances. If you are diagnosed with arthritis -- like I was -- to at least a 10% compensable level within 1 year of separation the VA will presume it is service connected. No nexus beyond 38 CFR 3.309 is necessary and my level of disability rates at 60% according to the regs.
My life is filled with if-only's.

Response by SFC Jimmy Arocho made May 20 at 2019 3:24 PM

2019-05-20T15:24:26-04:00

https://benefits.va.gov/BENEFITS/factsheets/appeals/Appeals-FactSheet.pdf

Appeals-FactSheet.pdf

Response by SFC Ralph L Coleman Jr made Apr 30 at 2020 9:37 AM

2020-04-30T09:37:10-04:00

The kind folks who work for VA have generally been trained to DENY claims for benefits. It is any potentially disabled veteran to solicit the help of a servive officer from DAV, VFW, American Legion or other similarly oriented organization when first submitting an application for VA benefits OR when appealing any VA denials. Most applications will be denied at least twice. Sometimes three times. I left service with 10% disability; appealed and raised to 40%; appealed and raised to 90%; appealed and raised then to 100%. The struggle took 14 years total. Had I not had the professional help of a DAV service officer over the course of those years I would still be at 10%. FYI: these services are FREE via organizational service officers. The legal, commercial advocates you see advertized under various names will cost YOU 25% of any accrued back benefits to which you are entitled! Use the FREE assistance; they have a lot of cliut with VA. And you do NOT have to be a member of the organization which represents you. I am very partial in support of the Disabled Veterans of America, that being said. My benefits income went from $49 monthly to $3229 monthly due to their efforts.