VA Disability Appeals

[1IDVET]

Has anyone gone through the VA disability appeals process?
I need to know what my options are. I am really getting screwed by these guys.
I am sure that I am not alone here.

I just got the letter in the mail stating that all I am getting is 20%.
For all the problems and pain I have, it doesn't compute. Especially since I know other vets that have fewer ailments and are getting 60%, or better.
On some issues, they granted a disability of 0% and others just outright denied.

3 of the issues they denied were directly related to the Gulf War.

Any recommendations?
Experiences?

[PHO127]

Send me an email to psycosid@psycovets.com, What you applied for, ETC, details and we will try to help.

[Gimpy]

world of the VA disability claims process 1IDVET!

I fought those a$$holes for more than 30 years before I was finally awarded 100% permanent & total disability. Started out in 1970 with 50% and have been fighting them ever since then.

I recommed you seek out a competent service organizations service rep to help with your appeal. Regardless, plan on somewhere between one year and three years to get an "answer" on your appeal, if you're lucky! We have an excellent "resource" right here on this forum by the name of "billr" who is a veterans county service organization representative that may be able to guide you towards a good service rep in your area.You can go to the "members list" and find him there and then send him a PM (private e-Mail) about your case if you don't feel posting the particulars of your claim is appropriate for this format.

Anyway, good luck!

[Andy]

Send a PM to Billr. I know he can answer your questions.

Stay healthy,
Andy

[reconeil]

HOT-DAMN...man,..."Over 30 years"?!?!?

Still Friend, be glad that you were able to outlast their lords, beaurocrats and lawyers . Other Veterans were not so lucky. Hell,...some never even got the chance to fight such.

Though, it's truly mindboggling in Modern America that Veterans needing Medical Care & Assistance already pre-paid for by the blood of MANY, need the equivolent of A Clarence Darrow to receive same. Whereas civilians in similar circumstances don't even have to speak any English whatsoever to receive Medical Care and Assistance. Hell, "They" don't even have to prove they're here legally.

Neil

[billr]

1IDVET -

In order to start the Appeals process you must submit what is called a "Notice Of Disagreement" (NOD). You have one year from the date of the letter notifying you of the VA's decision to file the NOD. Simply state that you disagree with VA Rating Decision dated ...... and then outline the decisions you disagree with. At the same time you want to request that your claim be submitted to the Decision Review Officer (DRO) for consideration. The DRO is someone who had no role in the initial decision and is supposed to look at the claim with a fresh set of eyes. You should try and present some additional evidence/arguments to the DRO in support of your contentions. The DRO can then decide whether to grant all, part, or none of the issues you raise. Those issues that aren't granted then continue on appeal. The VA then issues a Statement Of the Case (SOC) that outlines the issues, the evidence, the appropriate laws and regulations, the decisions and the bases for the decisions. You then must file the VA Form 9, which is the actual Appeal. The VA Form 9 also must be filed within one year of the original notification letter or within 60 days of the SOC, whichever is later.

That is the process. If you would like some advice on how to present your case, I would need to know more about the issues.
Do you disagree with disabilities that VA did not grant Service Connection for, or with the percentage of disability assigned for particular disabilities? If you want to e-mail me or send me a Private Message I can possibly give you some info on how to proceed with your appeal. Also, I notice that you live down in Barstow. I'm not sure what county that's in but you can go to my association's home page at: www.cacvso.org and find your county listed under CVSOs. You should contact someone at that County Veterans Service Office for assistance.

Bill

[1IDVET]

Thanks all.
I will persue as many avenues of approach as I can.
I am at work right now, and probably won't be able to post details until later on today.

PHO127 I sent you an email, if you responded, I won't be able to check 'til this afternoon.

Thanks again guys.