Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

Any law firms represent less than 100%?


USMCNASA

Question

I am currently rated at 30% combined.  I submit a new claim for disabilities not on my original claim.  I got denied.

I've reached put to several firms for help, and all of them have said they either only represent low income/unemployed vets or vets seeking 100% or Total Disability.

Anyone know of firms that help for less than 100%?

I'm pretty mad about my denial, as QTC was contracted for my appointments.  I had 3 C&P appointments in 2021, during September.  There was no mention of any additional appointments.  Then out of nowhere I was emailed on Feb 7th about an appointment on the 9th (which went to junk mail).  I received a paper packet in the mail from QTC postmarked on the 9th, for said appointment on the 9th.  I was out of town, so i did not see the packet until March, but even if I was home I wouldn't have seen the packet until the afternoon, on the 9th, which would have been too late.  So, I missed the appointment. On Feb 14th a decision was made.

I went into this with hopes I would get fair treatment, but this experience really makes me feel like the cards are stacked against me, and I need help from someone else to have a chance.

Thanks for any info,

 

Rob

Link to comment
Share on other sites

Recommended Posts

  • 0
8 minutes ago, asdf said:

You can refile and explain on a 4138 why the appointment was missed and the VA will reschedule it.

I tried to reply before, so I apologize if this is a double post.

I called the VA a few days ago to see if I could reschedule the appointment, and the rep told me that because the decision was made on Feb 14, it is final and there is nothing I can do.

Are you saying I can file form 4138 even though a decision has been made?

I do have extenuating circumstances, as my work sent me to Alaska for a month (Feb 8 - Mar 9) and I had spotty internet.  The QTC email went to junk, so no guarantee I would have caught it even with stellar internet, but still.  I feel like I have a legitimate reason why I missed the appointment.

 

Thanks

Link to comment
Share on other sites

  • 0

You will have to file an appeal to the denial and attach a  4138 to explain why you missed the appointment.  Since you are within a year of the decision you will not lose your claim date.

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

I had the same thing happen. I had a claim awaiting a C&P exam. While at the VAMC, the scheduling clerk told me not to miss my C&P exam. It was for the same day in another building. Fortunately, I called them and was able to reschedule. When I got home, the appointment letter was waiting in my mailbox and postmarked the preceding day.

A couple of years, I had an LHI exam and I was able to get a copy of the exam quickly (can't really do that any more). The examiner opined on an unrelated issue. I called LHI and they said they could do nothing, but I needed to contact the VA. I called them and told my claim was still open w/o decision yet, but they would send a message over to the rater. I also submitted an IRIS request informing them the exam was inadequate. The next day the decision letter was inserted into the system, claim denied, and I had to refile.

Lately, the VA has worked to try and turn around claims much faster than 10 years ago. Personally, I believe that the VA should make three attempts to get exams scheduled and completed. This one and done approach is clearly anti-veteran and pro-VA to help them make their numbers look more appealing. Heck, even if the post office attempts to deliver a package requiring a signature, they make three attempts.

  • Like 2
Link to comment
Share on other sites

  • 0

I agree completely.  I just got off the phone with the VA again.  The rep I spoke to was phenomenal, which has not always been my experience.  She was so great, I actually wanted to let her supervisor know.  Well, wouldn't you know even something as simple as that could not be done.  Instead, the rep needed to flag our conversation, which then prompts her supervisor to listen to the conversation.  I made sure I stated very clearly how well she did!

Why I mention this, is because she explained to me that the appointment I missed was a secondary opinion appointment.  She said those are scheduled when the ratesr needs additional information, but that an appointment with the veteran is not always required.  She said that because I missed it, the rater made the decision based on the information at hand.  What gets me though, if they thought it was important enough to schedule an appointment with me to hear what I have to say, why are they able to make a decision without listening to me?

I guess this can be a good thing though, as now I can see why I was denied and try to provide more info in the areas where they felt my claim was lacking.

  • Like 1
Link to comment
Share on other sites

  • 0
  • Moderator

USMCNASA Hats off to you my friend. Why in particular? Because you went the extra mile. When the VA rep went above and beyond in helping you, you did the right thing and made sure her supervisor knew you were a happy camper. Facts be known, not every VA rep we talk to is an ace, but we should make it known when  they should be recognized for a job well done. Some would say, naw, I ain't going to do that extra; I got mine so I'm good. But the veteran that has his head screwed on straight also understands that making it better for the rep who just did a great job for you will encourage more of the same behavior from him.  Soooo, you are helping out other veterans by encouraging great service. Like I said, my hat's off to you.

  • Like 1
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA 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 ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines