ptsd How To Go About Starting My Appeal?

[lysol]

So, last August, my claim was completed at 30%. I was not happy because they did not rate me on my knees. Since then, I have been too busy to start my Appeal on the matter with the wife and I getting out of the military and what not. Now, we are settled in the DC area and I'm still having the same issues with my knees.

in May, I hit my 12 month mark from getting out of the military so I don't expect any retro because I'm sure it will be long after that before this all gets done. (My fault).

So I was rated at 30% (10% PTSD, 10% Tinnitus, 10% left eye).

I was denied my knees due to insufficient documentation on my part I guess. I have bad knees and I cannot do active sports such as basketball because they will pop out of socket. My first job in the AF was in a warehouse lifting and moving heavy objects around for over 2 years. I had a few mishaps with both knees popping out, but I failed to do anything about it. Then I fell out of the back of an MRAP in the desert and twisted them pretty badly. Again, I was with the Army and didn't want to complain out in the middle of nowhere. I went to physical therapy after my last deployment and it didn't help. Other than that, I don't know what else to do. During my C&P exam, they x-rayed my knees. I had them x-rayed in the military once before physical therapy and they were clearly loose and still are.

I've been trying the workouts that I learned in physical therapy again and no dice. The pain is flaring up.

I'm guessing my main problem is that in my C&P, I was only experiencing mild pain... I told the truth and that's what was written down. I do have limited rotation on my knees due to pain so during this next C&P, i'm going to stick with that.

My question is how do I go about getting this started? I've been calling the 1-800-827-1000 number and they are always busy and suggest calling after hours. Then I call after hours and it hangs up... That is a very clever way to ensure to not get any calls... I want to get scheduled for another C&P exam but I don't know the process. Am I even supposed to call?

[broncovet]

It sounds like this was a Regional Office denial. To initiate your appeal, you simply fill out a 21-4138 and state:

I disagree with the decision dated (insert date of decision), on all issues. I request a DRO Review.

(Here you can state why you disagree, and how you feel entltled to SC or a higher rating. Best is if you cite a doc's opinion or other medical evidence).

Be sure to SIGN and DATE you 21-4138 AND send it certified mail, return receipt requested.

The best way to do this is to take your time and clearly state your medical evidence in the NOD. You can also submit evidence LATER, but, count on the VA losing your evidence. If your evidence is enclosed with the NOD, then its hard for the VA to say.."oh, we dont have any record of that".

The worst thing you can do is to wait past a year after the VARO denial. If you wait past a year, the VA will automatically deny your appeal based on untimeliness. If its already been more than a year, then you need to do something different.

[lysol]

It sounds like this was a Regional Office denial. To initiate your appeal, you simply fill out a 21-4138 and state:

I disagree with the decision dated (insert date of decision), on all issues. I request a DRO Review.

(Here you can state why you disagree, and how you feel entltled to SC or a higher rating. Best is if you cite a doc's opinion or other medical evidence).

Be sure to SIGN and DATE you 21-4138 AND send it certified mail, return receipt requested.

The best way to do this is to take your time and clearly state your medical evidence in the NOD. You can also submit evidence LATER, but, count on the VA losing your evidence. If your evidence is enclosed with the NOD, then its hard for the VA to say.."oh, we dont have any record of that".

The worst thing you can do is to wait past a year after the VARO denial. If you wait past a year, the VA will automatically deny your appeal based on untimeliness. If its already been more than a year, then you need to do something different.

Thanks!! Do you know the address in which to mail it?

[broncovet]

No. There are 57 Regional Offices, and I do not know which one applies to you. To find out, you should be able to locate this at www.va.gov or do a google search of

"VA Regional Office address (near your city, state)"

[lysol]

It sounds like this was a Regional Office denial. To initiate your appeal, you simply fill out a 21-4138 and state:

I disagree with the decision dated (insert date of decision), on all issues. I request a DRO Review.

(Here you can state why you disagree, and how you feel entltled to SC or a higher rating. Best is if you cite a doc's opinion or other medical evidence).

Be sure to SIGN and DATE you 21-4138 AND send it certified mail, return receipt requested.

The best way to do this is to take your time and clearly state your medical evidence in the NOD. You can also submit evidence LATER, but, count on the VA losing your evidence. If your evidence is enclosed with the NOD, then its hard for the VA to say.."oh, we dont have any record of that".

The worst thing you can do is to wait past a year after the VARO denial. If you wait past a year, the VA will automatically deny your appeal based on untimeliness. If its already been more than a year, then you need to do something different.

Thank you for you reply broncovet. I have pretty much filled out my 21-4138 and have the mailing address and fax number to the regional office that my file currently resides at. On question thoug, You typed:

I disagree with the decision dated (insert date of decision), on all issues.

Since I'm appealing only the "bilateral knee patellofemoral syndrome" that I had originally claimed, I would put that right?

[jcolwell]

_{If you want to meet with the DRO prior to a decision on your claim be sure and state that on your NOD or in separate letter. Jim}

[lysol]

_{If you want to meet with the DRO prior to a decision on your claim be sure and state that on your NOD or in separate letter. Jim}

In the body I typed "Notice Of Disagreement DRO" accross the top and bottom. Does this suffice?