Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Appeals A Mistake?

Rate this question


Cavman

Question

I`m hoping I didn`t make a mistake bringing attention to myself filing a couple appeals a few weeks ago.

I am getting 100% rate with all the benefits. I filed appeals to raise Gerd from 10% and I appealed AO. I only did this in case I checkout from conditions related to these disabilities. I`m trying to look out for the family.

Did I make a mistake appealing? My letter two and a half years ago did say no more exams and I am in my late 50`s.

Cavman

Edited by Cavman
Link to comment
Share on other sites

  • Answers 17
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

I have no idea, in your instance, whether you stirred up a hornet's nest.

After what most of us, including me, had to go through to achieve a 100% Permanent and Total, I do recall an old saying of my Grandpa's:

"Boy, sometimes it's best just to leave sleeping dogs lie, unless ya wanna git bit!"

"It is cold and we have no blankets.

The little children are freezing to death.

My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.

I want to have time to look for my children and see how many of them I can find.

Maybe I shall find them among the dead.

Hear me, my chiefs! I am tired; my heart is sick and sad.

From where the sun now stands, I will fight no more forever."

Chief Joseph

Link to comment
Share on other sites

You can always withdraw your appeal. You must do so in writing. All you need is 0% in order to be service connected. Are you claiming a condition presumptive of Agent Orange? Agent Orange itself is not a conditon.

"Don't give up. Don't ever give up." Jimmy V

Link to comment
Share on other sites

I`m hoping I didn`t make a mistake bringing attention to myself filing a couple appeals a few weeks ago.

I am getting 100% rate with all the benefits. I filed appeals to raise Gerd from 10% and I appealed AO. I only did this in case I checkout from conditions related to these disabilities. I`m trying to look out for the family.

Did I make a mistake appealing? My letter two and a half years ago did say no more exams and I am in my late 50`s.

Cavman

I think you did things exactly right. Your thinking is on track as far as if you do die from a service connected disability. The appeals will only cover the issues you are appealing, so I would not worry about anything. In fact, the higher over 100% you go, you don't have to worry if they try to lower one of your ratings. Good luck!

s/ Mags

We kept our promise and served honorably. Now it is time for the VA to keep their's!

I am not an attorney or VSO and offer my opinions free of charge. Any advice I provide in my posts is from experiences I have had with the VA or I have the knowledge that others have encoutered. I accept no liability for this advice should you chose to follow it.

Link to comment
Share on other sites

I have to agree with Larry's thinking. (Or his Grandpa's thinking). There are other conditions I could file a claim for....but I'm 100% so I figure why mess with a good thing...why give the VA a reason to go poking around my file???

But that's just me....

Link to comment
Share on other sites

I am only 10% and yeah thats what I was concerned about. Already having cancer previously and with Barretts Esophagus I thought if I got esophagus cancer and checked out that my wife would only get 10% because that was what the rating was.

Cavman

Link to comment
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


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • kidva earned a badge
      First Post
    • kidva earned a badge
      Conversation Starter
    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use