Appeals Process

[Guest William75]

Tbird, I posted sometime ago that I had filed a claim and was waiting for the VA to make up its mind. Well the finally did and I do not agree with what they have done. I was already through with my C&P appointment when i found this site and wish I had found it alot sooner. When the VA info did come back the rated me at 20%. For lower back problems which I had surgery for while in the military. My problem is that i still have constant problems with my back. I would like to file an appeal but, Im not sure if I really deserve more of a rating. I still work and do not miss work, but that is only because at the most I work 3 days in a row. The last day I work I have to take pills to ease the pain to insure i can return in 2 days. Could you please tell me what you think. On the comp paperwork they sent me it stated that i had the Surgery after i was out of the service. That is not true. I also beleive that when I had the C&P examine that the doctor lead me to say what she wanted to hear. I tryed to countine on with my problems but it sure seemed like she did not want to listen to what i had to say. Any advice would be helpful.

Thanks

[Tbird]

moved your post to claims research i think you will get more responses here.

a couple of things and i'm sure folks will add more.

you probably should take a look at the schedule for rating disabilities located here http://www.access.gpo.gov/nara/cfr/waisidx_03/38cfr4_03.html look at you disability and see what the requirements are for a higher rating.

also check out the compnesation and pension exam worksheets and see if they did the proper exam on you http://www.vba.va.gov/bln/21/Benefits/exams/index.htm

you can file a notice of disagreement, but you need to have your ducks in a row. i hope this helps.

Tbird, I posted sometime ago that I had filed a claim and was waiting for the VA to make up its mind. Well the finally did and I do not agree with what they have done. I was already through with my C&P appointment when i found this site and wish I had found it alot sooner. When the VA info did come back the rated me at 20%. For lower back problems which I had surgery for while in the military. My problem is that i still have constant problems with my back. I would like to file an appeal but, Im not sure if I really deserve more of a rating. I still work and do not miss work, but that is only because at the most I work 3 days in a row. The last day I work I have to take pills to ease the pain to insure i can return in 2 days. Could you please tell me what you think. On the comp paperwork they sent me it stated that i had the Surgery after i was out of the service. That is not true. I also beleive that when I had the C&P examine that the doctor lead me to say what she wanted to hear. I tryed to countine on with my problems but it sure seemed like she did not want to listen to what i had to say. Any advice would be helpful.

Thanks

[Guest Berta]

Did you file a Notice of Disagreement with the rating?

Obviously if you can only work three days at a time and need medication for the pain- this disability is substantially affecting your employability.

You can expand on the NOD- I would send them -if I were you- anything to prove you do not have substantial full time employement because your SC disability prohibits that- also send them a list of your meds and anything they have as side affects that pohibit one from working- do they make you drowsy? or unable to sleep well? stuff like that---

also I am wondering what C & P they gave you-

do you have a copy of it (the results) and a copy of all of your VA med recs?

Also- can you drive? Do you need breaks from a sitting or standing position at work?

I am not sure how this should be rated- thank God TBird posted that link- I sure need it and can never find it fast. I would carefully read it over if I were you.

Is this affecting your knees, hips, or legs?

are you being treated for any other conditions?

Edited October 14, 2005 by Berta