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Appeal Letter

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frosty69

Question

Here is a copy of letter, I plan on giving to the VARO this week, on my appeals, don't know how much else I could put down.

11/1/2005

VA File Number

To Whom It May Concern:

I disagree with your decisions of my cases and would like a statement of all the cases that are listed below. I would like to get VA Form 9, to appeal to the Board of Veteran Appeals. As for the reasons why, that is pretty simple, as no one there is a medical Doctor and without C&P Exams, there is no way to deny my claims on lack of medical evidence, that is why C&P exams are required by VA law, which the VA likes to ignore, and even with medical evidence, no one seems to know how to read.

1.) Earlier effective date for service connected diabetes mellitus type 2.

2.) Entitlement to an earlier effective date for the grant of individual unemployability.

3.) Service connection for Porphyria Cutanea Tarda.

4.) Service connection for hemorrhoids.

5.) Service connection for Diabetic Retinopathy.

6.) Service connection for fungal infection (jock itch), Diabetic Dermopathy, Acanthosis Nigricans, Polyuria, Polyphagia, Polydipsia, blurred vision, Fatigue, Nausea, Dry Mouth, Excessive Sweating, Abdominal pain, leg and arm pain as secondary to the service-connected disability of diabetes mellitus, type 2.

7.) Entitlement to special monthly compensation based on Aid and Attendance/Housebound.

8.) Entitlement for service connected back injury, on account of curvature of the spine and back injuries.

9.) Service connection for a lung condition.

10.) Service connection for refractive error

11.) Service connection for headaches.

12.) Service connection for Bruxism, as a stand alone or secondary to service connected PTSD.

13.) Service connection for obesity/eating disorder as a stand alone, or secondary to service connected PTSD.

14.) Service connected for Gastroesophageal reflux disease as secondary to service connected PTSD.

15.) Service connected for gout.

16.) Service connection benign positional vertigo (Meniere’s Syndrome)

In your denial letter you say I am being paid as a single veteran with no Dependents, that is totally wrong, I am still married, and just celebrated my 35th wedding anniversary, October 31, 2005, so someone screw up again. And I expect if I got screwed out of any money, I would appreciate it by return mail.

“I certify that the information, I have given is true to the best of my knowledge and belief”

Thank you,

Edited by frosty69
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  • HadIt.com Elder

My suggestions for what they are worth is to cut out the comments about the VA and add boiler plate for anything else that is not specifically mentioned. No use closing the door on something you overlooked.

Good Luck

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My suggestions for what they are worth is to cut out the comments about the VA and add boiler plate for anything else that is not specifically mentioned. No use closing the door on something you overlooked.

Good Luck

Pete:

You got me again what does this statement mean? (add boiler plate for anything else that is not specifically mentioned.

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Frosty,

Did you ever fill out, sign and submit a VA dependent form and hopefully

have a copy of it with a VA date stamp on it ?

I think it's VA form 21-686c. I've been fighting for my dependent pay

(for daughter) since 1980.

Hope you get yours.

carlie

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Frosty,

Did you ever fill out, sign and submit a VA dependent form and hopefully

have a copy of it with a VA date stamp on it ?

I think it's VA form 21-686c. I've been fighting for my dependent pay

(for daughter) since 1980.

Hope you get yours.

carlie

can't remember if I fill that form or not, but was getting money for my dependents all along, I thought.

Edited by frosty69
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  • HadIt.com Elder

Frosty

I know how much satisfaction it can give to tell the VA what you think of them. However, all it does it to make sure that your file gets put at the bottom of every pile they can find.

Cut out all the remarks, they only cause problems.

"Boiler plate" is pre-written, covers all eventualities, material, that you should use to include any individual claims or items that you may have missed. You can find some examples on the home page. (I think)

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My suggestions for what they are worth is to cut out the comments about the VA and add boiler plate for anything else that is not specifically mentioned. No use closing the door on something you overlooked.

Good Luck

Frosty- are you a Vietnam vet? If so when did you file the DMII claim and what retro date did they give you?

The Nehmer decision allows for much retro but it depends on when the claim was filed-if filed after the regs- only back to date of claim-

if filed and denied long ago, and DMII is listed as NSC prior to the regs- that could kick in much retro-

I understand your frustration and I have been guilty of sending VA some very strong statements over the years-

however-

I could back up my statements with medical evidence---or with their own regs that they were overlooking-

I sure would fight on those secondary conditions that are related to the DMII-as well as the TDIU by the way why did they deny the TDIU? and the earlier DMII date?

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