Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • 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

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Available Subscriptions

  • 0
jtg1966

Won My Appeal, I Think...

Question

got a response from an IRIS inquiry....i was hammering them hard about what kind of medical opinion was needed...they said they couldn't or wouldn't tell me exactly what kind of medical opinion was needed...told them that under the VCAA they were required to provide me and my represetative notice of what evidence was required.

I also stated that my VA psychiatrist provided a nexus letter on 04/03/09 and that any additional medical opinion would be considered an attempt by the VA to acquire evidence against my claim...and that if they were stating that my VA shrink was not competent to provide care to me or other veterans that they should please alert me so that i could petition the Sec of VA and the director of the wpbvamc to remove him from service before he did any irrepairable harm to me or other veterans that he is unqualified to treat....and this is how they responded verbatum:

Mr. :

I understand that you are extremely upset with they way your appeal has been handled. I am the Assistant Coach of the Public Contact Team. I have gotten with the Decision Review Officer in appeals and asked him to take a look at the information that has been submitted. He just contacted me and informed me that his decision is to grant you Service Connection for your bipolar disorder at 50%. and you will receive a letter within the next couple of weeks. Your file will need to go down to your POA (which is American Legion for them to review) so at this point there is no further information that we can provide. I sincerely hopes that this answers all of your questions. Thanks again for serving your country.

Share this post


Link to post
Share on other sites

Recommended Posts

Ad

Are you able to work. If so this looks like a fair rating it can be between 50% and 70%. At least you will get some back pay, not have to pay co pays and the VA is on the hook for your health care.

I think your letter got their attention.

Nice job

Share this post


Link to post
Share on other sites

you sound like me- when my patience runs out I hit them hard-with more evidence.AND VA case law.

.."told them that under the VCAA they were required to provide me and my represetative notice of what evidence was required."

YES you are right!

"I also stated that my VA psychiatrist provided a nexus letter on 04/03/09 and that any additional medical opinion would be considered an attempt by the VA to acquire evidence against my claim...and that if they were stating that my VA shrink was not competent to provide care to me or other veterans that they should please alert me so that i could petition the Sec of VA and the director of the wpbvamc to remove him from service before he did any irrepairable harm to me or other veterans that he is unqualified to treat....and this is how they responded verbatum"

NICE touch! VERY Interesting premise. *

"his decision is to grant you Service Connection for your bipolar disorder at 50%"

He read your evidence! It worked!!!!

If you feel that is too low rating-NOD them.

Are you able to work?

* (the VA with a strong IMO will always try to shop for a negative VA opinion.I really shouldn't put it that way-I should say VA opinion- This is so that they can justify an award under relative equipoise.It makes sense.

Relative Equipoise means evidence equally in weight for and against the claim.

Whether the C & P is negative or not ,it can be combatted equally with a strong favorable IMO that adheres to the IMO criteria.

In some cases when they get a IMO from a vet right away I would think they might not even need to obtain a C & P-it all depends on the claim and the IMO.

You did very well here.Congrats!

Share this post


Link to post
Share on other sites
Are you able to work. If so this looks like a fair rating it can be between 50% and 70%. At least you will get some back pay, not have to pay co pays and the VA is on the hook for your health care.

I think your letter got their attention.

Nice job

I am not able to work...but i will worry about that later on appeal...i find that it's easier to get an increase once a rating is assigned then to worry about an inappropriate rating...back on the merry-go-round i go....

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

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
×

Important Information

{terms] and Guidelines