Disability Claims - PrePlanning

Someone once said, "If you fail to plan, you plan to fail".  This is very important when you decide to file a disability claim.  Make sure that you have everything you need to file a successful claim because unfortunately, if it is denied and goes to the Appeal process you may have to wait about 3-years to get an answer.

§3.102 Reasonable Doubt states that if "after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding service origin, the degree of disability, or any other point, such doubt will be resoled in favor of the claimant".  What this means is that you must prepare a case that would lead to reasonable doubt on the part of the examiner.  An example of this is that I have a knee problem.  When I first submitted my claim for it I didn't do any pre-work.  I believed that just because it was documented in my medical records that I would automatically be approved.  Wrong Answer!!! Okay, back to my example.  When I was in the military I went to the medic.  This was during boot camp.  I was diagnosed with something called chondromalacia and was told that there was nothing that could be done about it and that I should just put ice on it.  Since they told me this I didn't bother to go back so the only instance of my seeking treatment was this one time.

Fast forward to my submitting my claim and having it denied, even though my knees hurt like the dickens everyday.  Of course I submitted an appeal but this time I did something different than I did the first time.  My number one goal was to somehow prove that the chondromalacia was eventually the cause of my knees being in the shape that they are in and that my job in the Navy contributed to it.  In other words you have to make a connection somehow.

How do you do this?  First research what is wrong with you and the causes.  For me the running on the grinder and the constant walking only added to my pain.  While doing my research I found that my condition was treatable and that over-exercising and constant walking, with no treatment, would eventually lead to where I am now.  Print out everything you can find.

Another thing you MUST do is get copies of all civilian doctors appointments, tests, and opinions that you can.  Your medical records should always be available.  Some doctors may charge you a fee but in the end it is worth it.  Also, if you can find a doctor who can verify that the condition you are claiming was caused by your military service or that it is reasonable to believe that it did, then this is even better.  You have the option to upload as many documents as possible.  Take advantage of this.

One thing I must caution you about.  Before you submit your claim, please ensure that this was something that you were seen for while on active duty.  Do not waste your time submitting a claim for something you know did not occur while you were in the military.

While these steps won't guarantee that your claim is approved, it will definitely help your chances.  Tomorrow I will talk more about how to actually submit your claim and free assistance that is available to you.

TTYL - Have a great day!!