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Advice On Appeal

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helman35

Question

My claim yesterday went from Gathering Evidence to Preparation for Decision to Pending Decision Approval. I wake up this morning to have this. Now the Claim states back at Gathering Evidence stage.

Rated Disabilities

Disability

Rating

Decision

Related To

Effective Date

left ankle condition (claimed as left ankle injury)

Not Service Connected

respiratory condition (also claimed as acute respiratory distress condition)

Not Service Connected

residuals, traumatic brain injury (claimed as head injury and nausea)

Not Service Connected

rhinitis (claimed as respiratory condition)

10%

Service Connected

01/21/2015

Meniere's Syndrome (also claimed as vertigo, dizziness, and bilateral peripheral dysfunction)

Not Service Connected

migraine headaches

Not Service Connected

tinnitus

Deferred

right ankle condition (claimed as right ankle injury)

Not Service Connected

chronic sinusitis

0%

Service Connected

01/21/2015

seizure condition (claimed as seizures)

Not Service Connected

What is the best way to Appeal. Hire an Attorney or go through American Legions? I did not even get a C&P exam on Bilateral Peripheral Dysfunction, Tinnitus. I am really supprised they did not Service Connect since I have several injuries, and one that had me off my feel for 3 months in Germany. At the C&P exam the Nurse Practioner didnt do much of an exam and didnt do any measurments. Asked me if I had swelling versus looking.

I have googled VA Disability Attorneys but Mississippi doesnt offer alot. Any suggestions.

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helman35,

if you decide to hire an attorney? Do research & check out there background.

Make sure there well qualified and experienced in VA Law.

There's a lot of good Attorneys out there.

one of the best attorneys in my opinion as for as VA Law experience and helping veterans would be ( Robert Walsh)

..................................Buck

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helman35

you may already know this but here it is again.

keep all correspondence with the VA & Always Always get sign return receipts on anything you send to the VA.

And if you requested your C-File back in 1996 and they have not got back with you or sent you copies?

Be sure and keep that record that you requested your C-File on that particular date (1996)

get a form called ''Report of Contact'' VA Form 119

you need your C-File before you have your DRO Hearing to help you represent your case with the records of medical evidence that's supposedly in it to support your claim's

jmo

........................Buck

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Ms Lotzaspotz thank you for the referal. I will look at their page.

Buck,

Thank you for the advice. When I filed the Claim in 1996 I did not know much about Veterans Benefits. I did not know there was such a thing as Compensation. I thought since I was being treated for free at the Biloxi VA that my claim had been approved. I just didnt understand while they were treated me for Seizures. My symptoms were loss of balance, vertigo, dizziness and spinning sensation, falling down. I told my neurologist 3 years later i had not gotten better. She did the ENG test in 1999 that showed I had a Bilateral Perpherial Dysfunction which support a bilateral weakness to the greatest degree. I didnt find out the results of this test till I was given a copy of my medical recrods in 2002. At that time I wasnt sure what all that medical terminology meant. I just dealt with my disabilities and how I felt and just lived. I didnt pursue the Claim for Disability until January 2015. I read on this web site to seek my entire 1996 C-File. Ms Hines with the New Orleans RO put in a request and I have sent 3 Request. The only thing the VA sent me was the actual rating decison for the 1996 Claim. They have not sent me the entier file. I will request the 2015 File as well.

I am new to this. Like I said I did not understand the VA Benefits and C&P. I didnt have a computer in 1996 to gain more knowledge. I am doing this now. Hadit.com has been a great source of information and advice. I may have pursued this years ago if I knew I wasnt the only one out there that experienced this type of challenges. Like I told my wife, I guess I got to a point that I felt if i didnt want to get sick I should have chosed another line of work than the Military.

Thank you again Buck

Kristin

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David Boelzner and Daniel Krasnegor, both with Goodman, Allen & Filetti.

I used Berry Law Firm out of Lincoln Nebraska, The founder is a Vietnam vet and son is Gulf war vet as well, give ya acouple to compare with, Take care

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