Appeal Process

[tom91]

I have a number of claims that I need to appeal. I've been reassigned to a counselor with the Vet Affairs office that previously worked on my case. He wasn't then and isn't now receptive to my needs. After many attempts to reach him, I requested their office to provide me with contact info for a VFW counselor and was informed that they are one in the same...? Is that the case? I've been informed that a VFW counselor is more successful with appeals than the Vet Affairs office..? Should I go with the DAV?

One other question - the counselor indicated that I would need to initially write a letter to the VA with a list of my appeal requests, provide to him, and it would subsequently be given to a VA Specialist for a decision. If I did not agree with that decision, then I have the right to go before a judge. Is that indeed the process?

[rentalguy1]

I can attest to the DAV in Nashville not being worth a darn. I would not suggest using them. The only PVA chapter in TN is in the Memphis area, and I am not sure if they have a office at the Nashville VARO. I have no personal knowledge of any of the other organizations in the state. If you are fairly close to the Tri-Cities area of the state, I'd be glad to sit down and take a look at these claims with you.

[rentalguy1]

I just did a search and found a old post where you told me you live in Jonesborough. If you want, shoot me a PM and I'll give you my phone number. We can hook up down at the VA, or where ever, and I can help you through this process. I wouldn't mess with any of the SO's at the VA. They are all way too backed up.

[Commander Bob]

Thanks rentalguy.

[tom91]

I was told that the Tn. Vet. Aff. Office was the same as the VFW and that I had to use the tn. Vet. instead of the VFW, they used my ssn# to assign my couslor and I am a member of the VFW and feel that I should be able to use who I want, but fear that if I raise cane that there may be bad results, and I have heard good results about the Tn. VFW. The DAV, I have heard good and bad. What now ................

[Rockhound]

This is only a guess, but it may be that the TN Veteran Affairs Rep may be telling you that they must represent you, only because they have your POA (power of Attorney) to represent you and your claim.

You would have to recend/revoke this POA before one of the other SO orginizations, that you choose, can then accept your POA to represent you and your appeal. What ever you decide, you best get things rolling before your one year to appeal runs out. That time can pass faster than you think, if you don't keep track of it.

Make a list of those decisions that you disagree with and then taking them one by one, state why you disagree, listing the evidence in your claim that supports your position. You said that some items you disagreed with the percentage, so look up the rating schedule and compare it with your symptoms and impairments/disabilities to see if the rating does warrent a higher percentage and using this, to explain your position.

If you haven't already gotten one, you should think about getting an IMO to further support your position, or if you have, get the IMO Dr. to further clarify or to further support his own findings with a better or a more acceptable medical rational to your condition or problem. Plus show him the rating schedule so that it can help them determine the percentage of your disability. It may furhter help them to clarify and/or support their findings. Plus show him the rating schedule so that it can help them determine the percentage of your disability. It may further help them to clarify and/or support their findings.

Again, don't let any more time laps before trying to get your appeal perfected and delivered to your area VARO, (Veteran Affairs Regional Office) not the TN Veteran Affairs, unless you still wish to go through them.

Rockhound Rider ;)

p.s. My suggestions are not limited to what I have listed, their could be more that my limited knowledge may have left out, for you to consider doing.

Edited February 8, 2009 by Rockhound

[Commander Bob]

I was told that the Tn. Vet. Aff. Office was the same as the VFW and that I had to use the tn. Vet. instead of the VFW, they used my ssn# to assign my couslor and I am a member of the VFW and feel that I should be able to use who I want, but fear that if I raise cane that there may be bad results, and I have heard good results about the Tn. VFW. The DAV, I have heard good and bad. What now ................

I have heard good and bad about all the Veterans service organizations, over the years. I have changed my "power of attorney" several times over the last 4 decades. No problem. Visit the organization you want to change over to, sign a new POA, and they will do the rest. You don't have to raise cane or worry about bad treatment. Good luck.