Jump to content
  • 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

  • VA Watchdog

  • 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

  • Searches Community Forums, Blog and more

  • Ad Free Subscription.jpgOne Time Financial Gift.jpg

    Subscriptions and Gifts are NOT Tax Deductible. HadIt.com is NOT a Non Profit.

  • 0
Sign in to follow this  
acesup

I'm Going To Appeal, Wondering How To Proceed

Question

Long time since I've posted here, I kinda went into a deep case of the blues after my claim was destroyed in March.

I am going to appeal on 2 or 3 of the most imporatant conditions.

I did not have a VSO, but I just sent an email to a NOVA lawyer near here.

I'm sure if they take my case (and I hire them) they will advise me what to do, but meanwhile:

Should I go ahead and file an NOD? At what point would I request a DRO hearing?

And, so I need additional evidence for a DRO hearing? Or just point out why I feel the denials were unjust? Should I offer to expand on the reasons I think my SMR and my IMO's/Nexus letters (from board certified specialist M.D.s) should outweigh the opinions of the C&P N.P.?

Thanks in advance for the input.

Share this post


Link to post
Share on other sites

Recommended Posts

Acesup,

From all I've seen, probably Yes on file the NOD to get a spot in line, and you can submit any additional evidence later.

"Or just point out why I feel the denials were unjust?"

To be blunt, they don't care how you "feel"; this is a legal case, so ensure all of your statements are in legal form with clear evidence backing them up.

More knowledgeable members should add their points shortly.

Good luck! :smile:

Share this post


Link to post
Share on other sites

Ad

Thanks, N.K., you have a good point re: the "feel" thing. LOL I don't think the VA cares about feelings.

I am meeting with a NOVA attorney next week, will then decide how to handle the NOD. It is my understanding that they are free, and that they appeal to the DRO.

Share this post


Link to post
Share on other sites

Hello Aces,

I think it is wise to use your "legal" right to seek an attorney. A good VA lawyer will cover your bases and level the playing field for you. I personally would not file the NOD if you still have your one year time line in place from your decision letter from VA. If you have time try to get you that lawyer and let him/her file your NOD. That way you may have all your points covered and legal evidence presented in a way that may trigger something positive from the VA in their next decision. Also having a lawyer at this point of your claim , puts the VA on notice that some of their shenanagins will not be tolerated by your lawyer and could actually cut off some time for your decision. The VA could make a very ridiculous SOC on your NOD if you handled it yourself. Whereas the lawyer will close loopholes that maybe you or I might have missed. This could shorten the decision process and put you on the right path to your claim being granted and your award coming quicker.

After you get your lawyer then let the lawyer decide if you need to have a DRO hearing. It may be to your best interest to let the lawyer file the NOD then maybe let the DRO make the decision without the hearing. Especially if the lawyer can do the DRO's work for them and simplify the claim issues for them so they can render a decision favorable to you. It would speed up the process also , perhaps cutting the waiting period and much more correspondance between you and the DRO.

NK brings up the feelings issue and yes it is all about evidence and that would include a good Independent Medical Examination/Opinion from an outside doctor. This is what wins claims. You tipping the scales of the Benefit of a Doubt rule is what legally must be taken into consideration. Any other pertinent evidence would be to your advantage so I would cover all of my bases. I would make sure the Doctor that does the IME attacks the Nurse Prac C and P statements to point out their errors and make your cause stronger. As always though please remember to NEVER GIVE UP. God Bless, C.C.

Edited by Capt.Contaminate

Share this post


Link to post
Share on other sites

Thanks, yall. I am scheduled to meet the attorney tomorrow morning.

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
Sign in to follow this  

  • Our picks

    • Type 1 Diabetes recent onset!
      I was diagnosed with Type 1 diabetes in September 2017 OUT OF NOWHERE.

      i am a Navy Reservist and deployed in later 2009 to mid 2010 and again later 2014 to mid 2015; had a 2 year recall between those deployments.  

      Only healthcare received since commissioning in 2008 was from the Navy and no issues EVER.

      insulin dependent and have dietary restrictions and in a non deployable status.

      VA denied initial claim due to Type 1 not showing on active duty and now appealing.

      Anyone with successful experience getting a rating with my circumstances?  I live in Upstate New York.
      • 9 replies
    • Agent Orange Kadena Afb Okinawa
      I am looking for anyone who was on Kadena AFB, Okinawa or .Chanute AFB, IL. My dad was there from Oct. 68-April 70. He has ichemic heart disease, diabetes which has resulted in the amputation of his right leg below the knee and peripheral neuropathy. We were denied in 2002 AMVETS filed a claim on his behalf for heart condition, diabetes and back problems. I refiled in December 2011 and have just received the claim statements and medical release forms. I am familiar with filling out this paper work because my husband is a combat veteran of Iraqi Freedom. I have been reading articles from the Japan times and I am a member of the Agent Orange Okinawa facebook page. Another thing that helps make my dad's case is that he was on Chanute AFB, IL and it is on the EPA Superfund list and has PCBs/Pesticides and Dioxins/Furans listed as ground and water contaminants. I welcome any advice, tips or articles that I may have missed in my own research.
        • Like
      • 15 replies
    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 8 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
        • Like
      • 6 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×

Important Information

{terms] and Guidelines