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

Appeal Frustration And Lost And Confused

Rate this question


demeat

Question

Fellow hadit followers,

 

I am not sure where I could put this post because while I would like it to be a victory, there has been some bumps in the road.  I am trying to find out if there is something or someone that I could talk to who would be able to help me speed up an appeal that has been pending since 2007.  I have been informed as of recently that the reason that it keeps getting pushed back is because I have had other claims that was out and those seem to take precedence over an outstanding appeal. 

 

To speed forward, I have flat feet and have surgery on my left foot and I am in need on surgery on the right, plus they have to go back into my left foot to remove the pin in my ankle (that is now starting to protrude out).  At the present time I am not able to afford to be out of work for an extended period of time to have the surgeries but at the present time my ailments have put hindrance  on my day to day life.  The issue with my feet have not escalated more to my knees and cortisone shots and pain pills are not helping.  My private podiatrist keeps stressing that I need to have the surgery, but I am trying to hold out as long as I can.  I have contacted my local service organization (not sure if I can put the group down), as well as the VA case management in DC.  I am continuing to hear the same thing time and time again.  I am in the last stage of waiting for a date for the travel board hearing in Atlanta, but I don’t know how long that would be.  The last word I got was that I should hear something within the next 6 months, but I am not sure if that is some more of the VA stringing me along or accurate information. 

 

If anyone can help me with my dilemma, please help.  Also any additional information that is needed from me, please feel free to contact me. 

 

Thanks in advance !

Link to comment
Share on other sites

  • Answers 13
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

Hello everyone,

Thanks for the information that I received and I am trying to get my appeal moving as of right now... I have contacted the VA in DC and have gotten word that I would still have to wait to hear back from the regional office hear in Atlanta!!! ����. Also I have contacted my local congressman here and I am waiting to hear some word from them.

The DAV told me that my docket number was 9 (not sure what that means) and I should be hearing something by the end of this year to early next year. I have been informed not to file anymore claims or appeals until this one has cleared up due to all the confusion that I am going thru with this one.

So at the present moment I guess the wait continues while the health decreases ��. As I hear more I will continue to add to this post .. Thanks for the great and wise wisdom

D -

When did you file your appeal? What is your date of appeal according to the VA? I was told the same thing by the DAV over a year ago. I switched VSOs earlier this year, and still haven't seen/heard any motion. I was also told there were only 9 DROs in the ATL VARO (I asked for a DRO review) and I'm trying to at least get a better sence of when my appeal will be resolved.

Thanks!

Limbo is status quo for the VARO.

Link to comment
Share on other sites

Justrluk,

I contacted the congressman in my area and just found out yesterday that the Atlanta VA isn't doing anymore scheduling anymore appeals for the remaining of the year. I was informed that I would be coming up on the first quarter of 2013 so hopefully this will happen!!!

Link to comment
Share on other sites

The info is helpful, but disappointing. I'm so tired of the process of working through the VA systems being a part-time job. I'd rather have a colonoscopy prep than continue to deal with the VA appeals process. If I didn't have much at stake here, I'd kill the two I have on file. No more energy to deal with the buffoonery. Sorry for whining.

Limbo is status quo for the VARO.

Link to comment
Share on other sites

  • HadIt.com Elder

Justrluk

Hang in there! Is there any money left on the table in your appeals you might just look around for a lawyer to take it from here and hand it off to him/her. I could never have done my CUE without a lawyer. The VA appeals process would have just tied me up in knots. If you beat the BCMR then I think you can win with the VA.

John

Link to comment
Share on other sites

John,

Sorry; had a bad morning and the big "D" took over. I should have gone home for the day to re-group, but didn't have vacation to do it. Called the psych and he helped talk me out of the tree. The meds mix isn't working the way it should - too many valleys and the peaks are happening again. I sent you an IM, but again thanks. Sometimes even those of us that have been in the system for almost a decade (can't believe it's been that long already) get hung up once in a while.

Limbo is status quo for the VARO.

Link to comment
Share on other sites

  • Lead Moderator

Justrluck..

I LOVED your post. (about the colonoscopy the VA gives us when we file claims...I wonder why they need to look "up there" for reasons to deny us?). I also loved you referring to the claims process system as "buffoonery".

Its too bad we cant just email the VA a picture of our rectum so they can analyze that, instead of sticking a colonoscopy scope "up there", to try to find an excuse to deny.

After all, that would eliminate the infections caused by sticking their head up our rectums looking for an excuse to deny.

Maybe, as you said, you were depressed, but, as Berta said it, if you dont have PTSD you will by the time you get done dealing with the VA.

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

    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 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