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Hello everyone. I filed an appeal this past October 28th. Since the appeals process has changed and I am new to this, has anyone appealed a denied decision or a low rating recently and has received a decision on the appeal? If so, how long did it take to get a decision from the date you filed? I am just wondering how long the appeal takes. My claim was pretty quick, it took about 3 months which wasn't bad. Thank you all.
Quick background; I injured my back severely in Kuwait in 2013(I was 22) no proper medical exam or treatment at the peek of the injury just pumped full of pain meds. Once back in the states it still took months before Someone decided I actually needed an xray just to be told I was fine. There were times where I’d experience temporary paralysis below the waist, daily pain levels above 5, numbness, pinching and burning sensations in lower back and to be told nothing was wrong made me want to give up and suffer in silence because no1 seem to take me serious. However the pain was so intense I found myself in the ER sometimes twice a week with strange knots in my back that were shrugged off as muscle spasms and just given more pain meds. I was given a 10% rating after separating in 2014. I didn’t know what that meant or why. Almost 7yrs later the pain is worse back and forth with the VA with treatment that either aggravates or just doesn’t work and I recently discovered that I was diagnosed with sciatic nerve pain BUT it stated it didn’t come from work. I couldn’t believe it. I now live in MD near DC and although terribly discouraged feel I need to fight what seems to be a system that hasn’t cared for me properly since day 1 and appeal. The question is. IS IT WORTH IT? I paid out of pocket for X-rays and made some discoveries about my back that make much more since than what the VA tells me. Has anyone experienced anything similar?
I was all set to use the 21-0958 for for my NOD when I happened to notice the decision I am disagreeing with said to use 21-0995. I looked up 21-0995 and it said it's the "new and improved" faster response form. If there is such a thing as a "faster response" form, I'd like to use it. The 20-0995 makes it sound as if it can be used for both CUE and NOD. I need to submit multiple of both and I don't want to screw it up. Have any of you use this form? thanks
So, as some know I have been having a little war with the VA and my VSO, the American Legion, about getting my DBQ's.
So today I went to the VSO's office in the VARO building during their "walk in" hours since I could not get them to give me an appointment.
On the door was as sign saying the office was closed for the week for training and left the 800 number for Washington DC office.
I knock on the door anyway. Two ladies answer.
Tell them what I want and that I need them to do it today.
They invite me into the office.
I hand them a typed sheet with the Dates and Dr's of my C&P's and a list of documents for each one that I need.
The first lady says she doesn't know why I am there. The second lady says she will help me. The first lady says show me how we do this.
I tell them again what I want and the 2nd lady says why do you want to file a NOD, I tell her. She says you don't need these files to file an appeal.......The VA already has them. I tell her I need to know exactly what the DBQ says and what the letters to and from VA says. I also need the code sheets as they existed at each point for each approved and denied C&P.
She tells me no i don't and if I insist on filing a NOD I should just file an HLR.. I told her no, that would not work for this and the HLR results are not typically veteran friendly.
She then spends 20 minutes more telling me that I need to listen to her because veterans don't know what they want and don't know anything about the VA and how to win their claim.
She then says "We work for the VA not for you, and the VA knows what it is doing".
this of course makes me mad and I say to her " I am asking you to get me these files. nothing more. I have heard your opinion and all you need to do is get me copies of these files." She then starts in again trying to convince me not to file.
I get more insistent and tell her that i heard her but I expect her to do exactly as I requested, nothing more.
She then says "Well you don't need those files so let me file the NOD" I tell her NO. Resoundingly empathically NO>
She then tells me I know how to file a NOD. She then remembers I am filing a CUE and says "you shouldn't file a CUE because you will never win and then the VA will be mad at you"......
Just f'ing wow.
Then I tell her once again to do what I asked her to do and to stop trying to dissuade me from what I want. I tell her she is wasting her time and mine and that all I want is her to get those documents.
She then yells to the other woman to get "Bill". Man comes in and says "those are VA files you don't get to have them".
I tell him he is wrong and ask who he is. He refuses to answer. I look at woman 2 and say Please tell me your full name so I have a record. She wants to know why. I tell her point blank, that the next time I speak to AL in DC I am going to reference her and what she has said and not done. I then look at "Bill" and ask his name. He tells me 'you don't need to know that". I tell him I do because saying "Bill from AL means nothing to anyone". He snaps back 'I don't work for AL I work for VFW".
I ask him why he is sticking his nose into an AL situation? He gets mad and leaves.
She writes down her name, at least I think it is her name, date and time .
Then says all she is going to do is fill out a FOIA. At this point I decide to let her do that and get a copy to submit with my complaint to the AL.
She then asks me what I want. Types that I want my C-file and the files on the attached sheet, prints it, shoves it at me and says to Sign it. I tell her no it is not accurate and ask for a pen and write explicitly what I want.
She literally tries to argue with me.
I tell her to stop arguing and write the FOIA the way I tell her.
She writes it wrong in her own phrasing and i made her redo it.
Then I made her add Time is of the essence on the form.
When she handed it to me. I initialed before and after the typing and drew a line threw the blank space.
She gasped and asked why I did that. I said "its blank space and anyone could add words to that blank space. She then started to say, and got half way through saying
'I needed to put more stuff...." and then shut up as she realized she was admitting to falsifying a FOIA over my signature.
I am not sure which is worse, having the people with my POA try and screw me over or having the VA which is supposed to be on my side try and Screw me over.
Tbird posted a question in VA Disability Compensation Benefits Claims Research Forum,if you have been thinking about subscribing to an ad-free forum or buying a mug now would a very helpful time to do that.
Thank you for your support
70%&sfsystem posted an answer to a question,OK everyone thanks for all the advice I need your help I called VSO complained about length of time on Wednesday of this week today I checked my E benefits and my ratings are in for my ankles that they were denying me 10% for each bilateral which makes 21% I was originally 80% now they’re still saying I’m 80%
I’m 50% pes planus 30% migraine headaches 20% lumbar 10% tinnitus and now bilateral 21% so 10% left and right ankle Can someone else please do the math because I come up with 86% which makes me 90 what am I missing please help and thank you
I was denied SC for IBS and GERD IN 2011. In 2019 I was awarded SC for GERD. This CUE is for 2011, both GERD and IBS. There are some odd aspects regarding the 2011 decision, the way it was written and the C&P report and the way it was written. I've tried to present this as clearly as I can. Note: the decision contradicts itself. the decision also contradicts the C&P Report. Honestly, I think the rater just got confused because the C&P was so poorly written. *THIS CUE HAS NOT YET BEEN SUBMITTED*Please let me know what you think. Appreciate all comments and suggestions. Thanks.
VA RATING DECISION MARCH 23 2011 GERD IBS.pdf C P REPORT 7312010 GERD IBS.pdf GERD IBS CUE 2011(1).pdf
C P ADDENDUM REQUEST RE DIAGNOSIS 7232010.pdf
When a Veteran starts considering whether or not to file a Veterans Affairs Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about when it comes to filing Veterans Affairs Disability Claims. [Reprinted here with permission from Veterans Law Blog]
A disabled veteran in Alabama may receive a full property tax exemption on his/her primary residence if the veteran is 100 percent disabled as a result of service and has a net annual income of $12,000 or less.