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.

[k5one]

Ok, 'm sorry. I have my rating decision July 10, 2014 in front of me now.

Basically they all say the same thing.

Service connection may be established for a disability resulting from undiagnosed illness or a medically unexplained chronic multi-symptom illness that is defined by a cluster of symptoms, or a diagnosed illness that is determined by VA regulation to warrant a presumption of service connection which manifested itself either during active service in the Southwest Asia theater of operations during the Gulf War, or to a degree of ten percent or more after the date on which the veteran last performed service in the Southwest Asia theater of operations during the Gulf War.

The evidence does not support a change in our prior decision. Therefore we are confirming the previous denial of this claim. The evidence does not show a current diagnosed disability. While your service treatment records reflect complaints, treatment, or a diagnosis similar to that claimed, the medical evidence supports the conclusion that a persistent disability was not present in service.

There is no competent medical evidence diagnosing (whichever undiagnosed illness) to link to your active military service in Southwest Asia.

I knew I didn't have a current diagnosis, because I got tired of hearing, "I don't know what is wrong", and "there is nothing I can do to help you", so I quit trying over ten years ago. But I am currently in the process of getting diagnosed with CFS, Fibromyalgia, and IBS.

So I am a Gulf War/Desert Shield/Desert Storm Veteran, and I have presumptive. I need to get my c-file, and let my doctor review it, then just submit diagnosis, DBQ, and nexus statement, with a request for a DRO? Skip an attorney unless I have to file a NOD later?

Sorry I hope this answers your questions. My mind doesn't always work as good as it should.

[len56]

I have a real good attorney out of Salt Lake, her name is Dianna Cannon law firm Cannon & Match give them a call

[Rich p]

I was only at 50% for PTSD, 0% sinusitus. When I requested a DRO review in my nod. In the nod I stated my disagreement with their rating and my reasons. Then I explained that with an increase I would qualify to request ui. I've been unemployed three years at 53 years old. My anger issue finally got me in trouble and committed, but the med adjustment works ok. From this the DRO requested a new c&p exam with instructions to consider the condition and ui. With that in my nod the DRO choose to review it all at once vs just making an increase which would bring another appeal for ui. Wow that's nearly a years savings. I told one of the other vets in my PTSD class and he got the same result. He stated his reasons for disagreement and explained his objective and why he felt it was correct. Again, the DRO seems to be taking on all the issues at once. I'd be the last to venture why this happened or if it just an oddity. If anyone else tries it. Please share your experience.

[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.

Are you aware that your "local physician" will need to state they have reviewed your SMR's and refer to something

in the SMR's in part of the nexus for full medical rationale ?

jmho

[USMC_HVEQ]

please make sure you request your C-File. You are entitled to 1 Full Copy of it for Free from the RO. If you are being seen by a local doctor that has diagnosed you that is good start. No diagnosis, instant denial. They only want another medical professional who has expertise in those areas to connect the dots for the VA raters to potentially approve. So having the local guy diagnose is good to have. I'm sure you could provide them with you c-File to review, so during their medical write up (Nexus) they can relate it to your service. They may also give medical facts from your records as well as known cases that have been approved. Having merely had such and such occur in service doesn't necessarily get your service connection, I've been denied myself for knee injury that was aggrevated in service but since I didnt continue to complain, they said I was no longer effected but it. So I too would need a Nexus to overcome. I was merely giving an example. I wasn't trying to hijack your thread.

I would search for other BVA cases that were successful on appeal for the same disabilities. I would also seek, proven medical nexus doctors. Unfortuantely, they charge! So be prepared. I dont think you need to hire an attorney, they will be merely putting you within stacks upon stacks of other cases and they only want to take it if they can get paid off it, not ideal in my opinion, but that is just me.

if any information I gave was incorrect, I apologize. I am just trying to help. I admit, I'm no guru.

s/f

[Gastone]

K5one: Give thought to using your local VA Hospital for medical care, if possible. I have used the Detroit VAH since 2008, great source of medical care and SC claims information. Use all the tools available to prove your claim. A DBQ from a VAH Specialist could be a Deal Maker. You may have to try a few different Clinicians at the VAH but it could be worth your while. If you find one that agrees with "your condition is at least as likely as not, related to your time in service," request a DBQ from the Clinician. VA requires, when a DBQ is requested by the Vet, the Clinician must complete the DBQ while your there. I have had great success with VA Clinician provided DBQ's. Good Luck!

Semper Fi

Gastone