Jump to content
  • Searches Community Forums, Blog and more

  • 0

What To Do?


I have had an appeal in for over 2 years now. I have a new DAV rep and he said that my appeal is weak. Two C&Ps and one says I am ok, but the other clearly states that I fall into the 40% bracket. The one that says I fall in the 40% bracket was the latest one and done by the head of the C&P department. My first C&P was done by someone that was NOT local and had a lot of complaints against him. (I was not one of them) My rep said that I should get my doctors to write a letter stating that they agree with this latest C&P. Now here is the real kick in the ass......NONE of them will write one. I get ALL my care at the VA. Any advice, all the wise ones here have for me?


Share this post

Link to post
Share on other sites

Recommended Posts

Get an outside IMO from a Specialist. An Occupational Specilist woulf be the best as t hey can compare your issues with the working economy and give you a breakdown oif what you cna or cant do.


Share this post

Link to post
Share on other sites


The appeal is for an increase of my back. I am currently rated at 20% for Lumbar strain. After 15 years they finally gave me an MRI and I have a bunch of herniated discs and a bunch of bulging discs. I know I should have gone out to a private doctor and gotten it taken care of. I will give the Dav rep a call and see if he has a doctor for the IMO.


Share this post

Link to post
Share on other sites

Get an outside IMO from a Specialist. An Occupational Specilist woulf be the best as t hey can compare your issues with the working economy and give you a breakdown oif what you cna or cant do.


I totally agree with getting an Occupational Therapist to do an Physically Assessment of your current condition(s). This will help with getting an increase and/or TDIU!

Good Luck


Share this post

Link to post
Share on other sites

Do not listen to your DAV. I have heard many others have their VSO basically tell them to give up or forget it, and they persisted and won.

Your DAV has shown he is not doing his job. If you think you are entitled to benefits, then you know much more about your medical history than the DAV could ever know. Your VSO is supposed to be YOUR advocate, and that is not much of an advocate to suggest you quit.

DAV reps are rarely Doctors, they almost never rate claims, and many of them are neither experienced nor trained in VA law. Did he show you a Veterans Benefits manual where similar claimants denials were upheld by the courts?

Frankly it is appaling to me the DAV essentially is suggesting you quit. Quitters never win, and winners never quit.

Share this post

Link to post
Share on other sites

I would also point out there are regulations in your favor. That is, when there is conflicting medical opinions, the VA is supposed to use the one "most favorable" to the Veteran. Further, if there is one favorable, and two non favorable, remember this:

1. First, there is no guarntee the rater will read your entire file. It is possible he reads only one or two opinions and awards your benefits.

2. Even so, you have an opportunity to see other doctors, both in and out of the VA, who are more "Veteran friendly". You may find another doc side with you..you may just need to keep looking. You can ask the docs who gave you an unfavorable opinion why he did so, when doc......differed. Maybe its a misunderstanding, or maybe your unfavorable doc did not read your entire history and did not know what the other doc opined. Even if you get denied, you/your lawyer may be able to argue that the doc who offered the favorable opinion did a more thorough exam..reading your entire record, while the unfavorable doc, shot from the hip.

3. You can change docs! I changed docs, and the doc called me and asked my why. I told the doc that I was not pleased, and why. (I also happen to know other Vets did not like that doc either and complained). Well, now my doc pretty much gives me what I want. Frankly, I think she was under some sort of probation and maybe even fired if I persisted with my complaint, which I dropped.

Edited by broncovet

Share this post

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Advertisemnt

  • Latest News
  • Our picks

    • Survivors- a Must read
      If you are new to hadit and have DIC questions it would help us tremendously if you can answer the following questions right away in your first post.

      What was the Primary Cause of Death (# 1) as listed on your spouse’s death certificate?

      What,if anything, was listed as a contributing cause under # 2?

      Was an autopsy done and if so do you have a complete copy of it?

       It can be obtained through the Medical Examiner’s office in your locale.

      What was the deceased veteran service connected for in his/her lifetime?

      Did they have a claim pending at death and if so what for?

      If they died from anything on the Agent Orange Presumptive list ( available here under a search) when did they serve and where? If outside of Vietnam, what was their MOS and also if they served onboard a ship in the South Pacific what ship were they on and when? Also did they have any major  physical  contact with C 123s during the Vietnam War?

      And how soon after their death was the DIC form filed…if filed within one year of death, the date of death will be the EED for DIC and also satisfy the accrued regulation criteria.
        • Like
      • 17 replies
    • If you are a Veteran, represented by MOPH, you need to know that MOPH is closing down its offices.  This can have a drastic effect on your claim, and it wont be good for you.  You likely need to get a new representative.  

      This station confirms MOPH is closing its doors:


      • 0 replies
    • Retroactive Back Pay.
      Retroactive Back Pay - #1Viewed Post Week of March 19. 2018

      My claim is scheduled to close tomorrow for my backpay.
      Does anyone know if it does close how long till the backpay hits the bank?
      Also does information only get updated on our claims whenever the site is down?
      • 44 replies
    • Examining your service medical records...
      * First thing I do after receiving a service medical record is number each page when I get to the end I go back and add 1 of 100 and so on.

      * Second I then make a copy of my service medical records on a different color paper, yellow or buff something easy to read, but it will distinguish it from the original.

      * I then put my original away and work off the copy.

      * Now if you know the specific date it's fairly easy to find. 

      * If on the other hand you don't know specifically or you had symptoms leading up to it. Well this may take some detective work and so Watson the game is afoot.

      * Let's say it's Irritable Syndrome 

      * I would start page by page from page 1, if the first thing I run across an entry that supports my claim for IBS, I number it #1, I Bracket it in Red, and then on a separate piece of paper I start to compile my medical evidence log. So I would write Page 10 #1 and a brief summary of the evidence, do this has you go through all the your medical records and when you are finished you will have an index and easy way to find your evidence. 

      Study your diagnosis symptoms look them up. Check common medications for your IBS and look for the symptoms noted in your evidence that seem to point to IBS, if your doctor prescribes meds for IBS, but doesn't call it that make those a reference also.
      • 9 replies
    • How to get your questions answered on the forum
      Do not post your question in someone else's thread. If you are reading a topic that sounds similar to your question, start a new topic and post your question. When you add your question to a topic someone else started both your questions get lost in the thread. So best to start your own thread so you can follow your question and the other member can follow theirs.

      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.

      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.

      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.

      Leading to:

      Post clear questions and then give background info on them.


      A. I was previously denied for apnea – Should I refile a claim?

      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?

      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.


      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
  • latest-posts-activity.pngstart-new-topic.pngsearch.png

  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading


Important Information

{terms] and Guidelines