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BabyFace

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What is the best way to appeal? Should I go to the VA, or send paperwork from my podiatrist? My medical records were lost in the St. Louis fire and all I have is 20 year old copies. I am in the process of contacting all of my duty station hospitals for my records. 

I now have heel spurs that are affecting my Achilles tendon. Having to wear a boot, possible surgery.

I served in the Navy from 1989 to 1997. I entered with high arches.

Help, please.

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If you are appealing a VARO decision, then file a NOD, on the applicable Form, within a year of the decision.  Sooner is better than later.  

If you are appealing a BVA decision, you should hire an attorney, and appeal to the CAVC.  

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PS.  You are a victim of VA's lies:  

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Since you served from 1989 to 1997, its impossible your service records were destroyed in the 1973 fire.   Your (military records) did not exist in 1973, because you did not even join the service until 16 years later, so its impossible that your records were destroyed in the 1973 fire.  They could not have burned up then, because they did not exist until 16 years later.  

I have heard of VA pulling this bull before.   Don't buy the lie.  

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On 10/2/2018 at 10:36 AM, broncovet said:

I have heard of VA pulling this bull before.   Don't buy the lie.  

@broncovet

They did that same stunt to me for almost 2 decades across 12 different VARO's and VAMC's.

I walked in with DD214's in hand and the Jax RO denied I was ever in the service. Which was hilarious because I was discharged from NAS Cecil Field and spent almost 6 of my years attached to NAS Jax. I had all those records in hand and the VA said 'we can't find you" DERP DERP DERP

 

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On 10/2/2018 at 8:23 AM, BabyFace said:

What is the best way to appeal?

@babyface

It depends on where you are at in the process and what you current status is.

Have you ever made a claim prior to this? if so is it rated as Service Connected?

Is this claim related to any other claim?

Have you requested your C-File? if not when you apply for it make sure to state you want EVERYTHING. It may take longer but you will then have a full copy.

Broncovet is right, it depends on where in the process you are. If this is a first time claim, either for this issue or any issue at all, and you are at the very beginning of the process you would likely file a NOD to start the initial dispute.

If you post more specifics clearer answers might be available.

Be aware there are time limits for each type of filing so you need to know which way to go. For example the VA is required to send you a denial that states the specific and clear reasons for denial. Did you get that? what does it say?

If your service record clearly shows you had these problems in service or that service aggravated a condition that the military knew about when you entered, and they still denied you a CUE may be your best path.

If you are just starting this stuff, please KEEP EVERY PIECE OF PAPER the VA sends you, including the envelopes they come in! this can become evidence and show timelines if it has to get that far. Prepare to keep this stuff for life. scan in copies to a computer and backup to to several places.

this forum has lots of information but you need to supply more to the wise old elders here so they can offer you suggestions and pointers. Find the page with Abbreviations used, and bookmark it so when a poster uses one you can look up what they mean.

learn how to access the relevant sections of 38 CFR which includes all our possible benefits and claims information including rating schedules etc.

it is a long road and a lot of learning to manage this by yourself. Ask questions and take notes.

Good luck. let us know your progress.

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