Jump to content
VA Disability Community via Hadit.com

 Click To Ask Your VA Claims Question 

 Click To Read Current Posts  

  Read Disability Claims Articles 
View All Forums | Chats and Other Events | Donate | Blogs | New Users |  Search  | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Help Me Develop My Strategy For Appeal

Rate this question


NoMoreShaving

Question

Good evening,

This is my first post to this forum and i'm here because you seem like you know how to help people and possibly with enough research through this process i will be able to help others as well.

A little bit of history: US Army Infantry, CIB holder, Two deployments to Iraq totalling over 26 months, Four years and some change active duty, stoplossed, other various nonsense awards issued nowadays.

Recently I was rated by the VA at a 40% overall disability. 30% for PTSD and 10% for Tinnitus. All other claims were basically overlooked and given a 'Noncompensational Evaluation' of 0%. All of these injuries were documented while in the Military, however, and were included with my medical records as evidence. The other service connected disabilities I claimed and was diagnosed for are as follows:

-Degenerative Disc Disease Cervical Spine c5-6

-Degenerative Disc Disease Lumbosacral Spine L5-S1 with mild Thoracolumbar Levoscoliosis

-Bilateral Hallux Valgus and Pes Planus

-Osteoarthritis of left great toe

-Right Rotator Cuff tendonitis

-Right Patello-Femoral syndrome

Each of these have been proven as a service connection, but apparently I didn't cry enough for them during the C&P evaluation. What i need to know is how I should develop my plan. Should I send in 6 separate NOD's? Should I file Claims separately for each of these? I ETS'd september of last year, and under the good guidance of the VA staff on post, filed my claim before my ETS date, so as to expedite it. My question would be, If I file all of the paperwork, do I get another C&P evaluation? How long does this process take in years now that they think it's been 'settled'? Why did they overlook such evidence anyway, is this their effort to try to curtail their claim spending, or to weed out the truly injured from the people simply wanting money? I dont get it but it's fairly aggravating because ALL of the things that hurt right now physically got overlooked like i didn't even have them.

Anyway, all opinions, direction, comments, and advice are welcome, as I'm trying to formulate a strategy fairly quickly to fix this situation.

One last question, should i seek the help of a VA rep's office locally to help me fix this?

thanks,

AJ.

Link to comment
Share on other sites

  • Answers 1
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

1 answer to this question

Recommended Posts

Good evening,

This is my first post to this forum and i'm here because you seem like you know how to help people and possibly with enough research through this process i will be able to help others as well.

A little bit of history: US Army Infantry, CIB holder, Two deployments to Iraq totalling over 26 months, Four years and some change active duty, stoplossed, other various nonsense awards issued nowadays.

Recently I was rated by the VA at a 40% overall disability. 30% for PTSD and 10% for Tinnitus. All other claims were basically overlooked and given a 'Noncompensational Evaluation' of 0%. All of these injuries were documented while in the Military, however, and were included with my medical records as evidence. The other service connected disabilities I claimed and was diagnosed for are as follows:

-Degenerative Disc Disease Cervical Spine c5-6

-Degenerative Disc Disease Lumbosacral Spine L5-S1 with mild Thoracolumbar Levoscoliosis

-Bilateral Hallux Valgus and Pes Planus

-Osteoarthritis of left great toe

-Right Rotator Cuff tendonitis

-Right Patello-Femoral syndrome

Each of these have been proven as a service connection, but apparently I didn't cry enough for them during the C&P evaluation. What i need to know is how I should develop my plan. Should I send in 6 separate NOD's? Should I file Claims separately for each of these? I ETS'd september of last year, and under the good guidance of the VA staff on post, filed my claim before my ETS date, so as to expedite it. My question would be, If I file all of the paperwork, do I get another C&P evaluation? How long does this process take in years now that they think it's been 'settled'? Why did they overlook such evidence anyway, is this their effort to try to curtail their claim spending, or to weed out the truly injured from the people simply wanting money? I dont get it but it's fairly aggravating because ALL of the things that hurt right now physically got overlooked like i didn't even have them.

Anyway, all opinions, direction, comments, and advice are welcome, as I'm trying to formulate a strategy fairly quickly to fix this situation.

One last question, should i seek the help of a VA rep's office locally to help me fix this?

thanks,

AJ.

Get the DAV rep if you can.

My back is very messed up C-spine and L-spine and S-spine. I drag my left leg, but at least I still have one. It trips me sometimes and I fall down. Had a lot of cuts and bruises so far, but no broken bones when I fell. Pain in both legs, back and hips and I have to worry if it is something else or not such as PAD etc.

Pain in both shoulders, arms, hands, neck and chest. Severe headaches. Difficulty swallowing etc. VA has shown that when I do anything my blood pressure and pulse go up due to my pain increasing. After sitting for 5-10 minutes blood pressure starts to go down, but is still more than normal. I have a constant low level temp also around 100. Laying down and getting pressure off back helps the most.

I also have the arthritis and bone spurs. Narrowing of the foramina. Will I get it operated on? No chance since I had a doctor almost kill me with a an injection for back pain. Punctured lung, lung deflated, I left the pain clinic and never made it out of military hospital and I was told 15 minutes longer I would have been dead. Nightmares over this? Yes.

I have listed SC problems from my head to my toes. My medical record when I retired was an encyclopedia.

Now the VA wants to take away my P&T over one sentnce out of a three page award. I have lawyer. Lawyer says I have good case and he took it. Now just waiting.

Have had P&T for over 5 years and I am over 55, but that is a guideline in the VA regs. VA says 100% IU was correct though.

I never received anything official. Just 2 fax cover pages through my senator not even signed.

So never stop. If you disagree file a NOD or an appeal.

We can even protest outside the VA where this happened. Not many vets protest. Where my VA is they told my wife she does not need any permit and just go and protest as long as she does not block the road or a driveway. She has a lot of people that will do this with her and maybe more if she puts this in the newspapers.

The VA has now affected her and my daughters benefits. Not just mine.

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
×
×
  • Create New...

Important Information

Guidelines and Terms of Use