Denied - Starting Appeals Process

[k5one]

I started a claim approximately 1 year ago. It was denied, which I expected, because I am still collecting evidence. I have been doing a lot of research, and learned a lot over the past year, but I think I am going to use an attorney to start my NOD/appeals process. I live in Georgia, and my claim is through the Atlanta Regional Office. Can someone recommend a good, experienced attorney. I live in Southeast Georgia, but can travel.

[georgiapapa]

Good advice given above. I would not hire an attorney who dabbles in everything. Find an attorney that specializes in VA disability claims.

[k5one]

Based on the ratings guides, I should be able to get more than 60% for Chronic Fatigue Syndrome/Gulf War Illness. I should get rated for IBS and Fibromyalgia also. I am in the process of being diagnosed by a private physician at the moment. I originally filed in the mid 90's but was denied, and did not appeal. This time I'm going to finish the fight.

[carlie]

I started a claim approximately 1 year ago. It was denied, which I expected, because I am still collecting evidence. I have been doing a lot of research, and learned a lot over the past year, but I think I am going to use an attorney to start my NOD/appeals process. I live in Georgia, and my claim is through the Atlanta Regional Office. Can someone recommend a good, experienced attorney. I live in Southeast Georgia, but can travel.

What exactly does it state in the Reasons and Bases Section ?

In the 90's decision

What exactly does it state for the denial ?

[k5one]

Both were denied as not service connected. I am working with a local physician now. I believe he is almost ready to diagnose me with CFS, Fibromyalgia, and IBS. Once he gets the diagnosis, DBQ, and the nexis statement, I will submit my NOD with that and hope for the best. I am also going to request my c-file, probably with a privacy act request. Hopefully I will find a good attorney, who can help me with all this. I've learned a lot, from this site and others, but I don't think I want to do it on my own.

Also I served in Gulf War 1990-1991 so they are presumptive. I just need to get everything together.

Edited July 25, 2014 by k5one

[carlie]

Both were denied as not service connected. I am working with a local physician now. I believe he is almost ready to diagnose me with CFS, Fibromyalgia, and IBS. Once he gets the diagnosis, DBQ, and the nexis statement, I will submit my NOD with that and hope for the best. I am also going to request my c-file, probably with a privacy act request. Hopefully I will find a good attorney, who can help me with all this. I've learned a lot, from this site and others, but I don't think I want to do it on my own.

Also I served in Gulf War 1990-1991 so they are presumptive. I just need to get everything together.

There is alot more to a denial in the 1990's than just "not service connected".

So, that really offers no help - to help you.

What exactly was stated in the Reasons and Bases Section or Narrative is of

utmost importance.

Someone will correct me on this if it is inaccurate but I believe to get a lawyer

there has to be a denial first, so I'm not quite sure whether a lawyer can represent you

on an issue that has not yet been denied.

jmho

[FormerMember]

Roger that, Carlie. If he "reopens" the mid-nineties claim, he needs to get a confirmed denial of the prior claimed CFS, Fibro and IBS on the books yet again to hire the rainmaker. You'll need your contemporary service medical records for the doctor to peruse and signify that he reviewed them. If you do not, the VA examiner will state that his opinion "is more probative' because s/he had access to the STRs whereas your doctor did not. I've had Vets get these letters and the doctor failed to note he'd reviewed them. Instant loss and appeal that will cost you, on average, 4 years to turn around.

a