Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > SPECIALTY FORUMS > Calgunners in Service
Register FAQ Members List Calendar Mark Forums Read

Calgunners in Service This forum is a place for our active duty and deployed members to share, request and have a bit of home where ever they are.

Reply
 
Thread Tools Display Modes
  #1  
Old 10-27-2021, 6:54 AM
xmikex xmikex is offline
Senior Member
 
Join Date: May 2013
Posts: 511
iTrader: 1 / 100%
Default VA Rating appeal

For my guys/gals

Has anyone ever appealed their VA rating? my rating decision just came in and think its little low. The breakdown gave me same rating for my back as my sore knees. I'm not looking to get 100% or anything like that but every little bit helps.

From reading it seems that hiring a VA lawyer seems to get the best results but the whole process can take up to a year for the appeal to be approved or denied. It also might not be worth it to hire and pay someone just to get a couple more % on my rating.

-Mike
Reply With Quote
  #2  
Old 10-27-2021, 7:21 AM
tigerpan's Avatar
tigerpan tigerpan is offline
Senior Member
 
Join Date: Aug 2012
Location: Pomona
Posts: 2,134
iTrader: 45 / 98%
Default

The lawyer is expensive, but there are plenty third party companies.
The company I used before no payment upfront, they only getting pay after the new rating. And it’s one time payment.
Reply With Quote
  #3  
Old 10-27-2021, 7:22 AM
tnlrat37 tnlrat37 is offline
Senior Member
 
Join Date: Dec 2010
Location: chino hills ca
Posts: 2,156
iTrader: 18 / 100%
Default

I was helping my father in law through the process, we got him 10% but they denied everything else. He had records but they said not-service connected. We were on an 18 month appeal process when he died, they immediately threw out the appeal even though his wife should get a portion of it went through, we’re still fighting it now a few months later.

Be prepared for a long haul they will deny you and deny you until you either give up or get some help most likely. Funny thing is when they give you ratings the numbers never add up, you can have 30% for one thing and 50% for another thing and somehow it comes out to 60%, gotta love VA math, good luck.

I have 10%, I’ve been thinking about going back for other issues but after seeing what they did with him and all the meetings and appointments and all the stuff he had to do I don’t know if it’s worth it.
Reply With Quote
  #4  
Old 10-27-2021, 7:22 AM
CartridgeCalls's Avatar
CartridgeCalls CartridgeCalls is offline
Senior Member
 
Join Date: Feb 2016
Location: Palmdale, CA
Posts: 1,156
iTrader: 42 / 100%
Default

Get the DAV on your side. Its free help and if you are worthy you will get bumped to 100%. It does take a while to get appeals approved and waivers but you will be happy with the results and back pay once it is done.
__________________
Cartridgecalls "Get them in close, get the job done"
Reply With Quote
  #5  
Old 10-27-2021, 7:35 AM
Milsurp1's Avatar
Milsurp1 Milsurp1 is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Aug 2016
Location: Not in California
Posts: 3,095
iTrader: 32 / 100%
Default

The DAV and VFW have representatives at the VA locations. Also watch the deadlines and set a reminder on your phone. They vary depending on which level of appeal you are at. Regional office versus Board, etc.
Reply With Quote
  #6  
Old 10-27-2021, 7:42 AM
3lsmc7's Avatar
3lsmc7 3lsmc7 is offline
Senior Member
 
Join Date: May 2011
Posts: 949
iTrader: 19 / 100%
Default

One of my former co workers did the appeal himself online through the website; he just kept appealing until he got the percentage he felt was correct. Although I am sure they (VA) would have eventually say this is the bottom line.

My buddy did his claim/appeal process through the county veteran center and was able to get a re-evaluation and was able to get a higher percentage. So I guess it is really YMMV but neither one of them did not hire a lawyer.
Reply With Quote
  #7  
Old 10-27-2021, 8:08 AM
xmikex xmikex is offline
Senior Member
 
Join Date: May 2013
Posts: 511
iTrader: 1 / 100%
Default

thanks for all the feedback! I am trying to avoid the whole lawyer situation and know there are certain groups out there (DAV) who help veterans with the process. Might just contact them and see what's up and maybe they can tell me whether or not I have a chance of getting a higher rating.

If anyone knows once my appeal is submitted does it stop my current rating until the case is settled?
Reply With Quote
  #8  
Old 10-27-2021, 9:34 AM
Milsurp1's Avatar
Milsurp1 Milsurp1 is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Aug 2016
Location: Not in California
Posts: 3,095
iTrader: 32 / 100%
Default

https://www.eventbrite.com/e/claims-...s-183033627507
CalVet seminar on claims and appeals
Reply With Quote
  #9  
Old 10-28-2021, 9:24 AM
SnWnMe SnWnMe is offline
Calguns Addict
 
Join Date: Feb 2007
Location: The 951
Posts: 6,902
iTrader: 15 / 100%
Default

DAV or VFW. They even have insiders. DAV sent me a letter saying it looks like you will be getting XX% before I received the VA letter.
__________________
Frank Da Tank
Reply With Quote
  #10  
Old 10-28-2021, 9:45 AM
DevilDawgJJ's Avatar
DevilDawgJJ DevilDawgJJ is offline
Pitbull Apologist
CGN Contributor
 
Join Date: Aug 2010
Location: Ventura County
Posts: 1,713
iTrader: 11 / 100%
Default

In your letter, they also tell you how to appeal the decision. I followed that. Took about 1yr to get a meeting with the adjudicator in LosAngeles. I provided my evidence (on-line and in person) and was awarded my increase on the spot.

Just play the game. They want you to give up.
__________________
Quote:
Originally Posted by Citadelgrad87 View Post
I pity your kids, because they are doomed.
Quote:
Originally Posted by FLIGHT762 View Post
Can I bring my Donkey? He loves Chunky Monkey.
Reply With Quote
  #11  
Old 10-28-2021, 11:56 AM
Unit74 Unit74 is offline
Senior Member
 
Join Date: Apr 2009
Location: Georgia-Free America
Posts: 2,365
iTrader: 37 / 100%
Default

Quote:
Originally Posted by CartridgeCalls View Post
Get the DAV on your side. Its free help and if you are worthy you will get bumped to 100%. It does take a while to get appeals approved and waivers but you will be happy with the results and back pay once it is done.
I'm a lifetime member. DAV can suck my..... I asked for help and they said, naw bruh, I have nothing to do and I'm not looking for work. I was porched by DAV. F-them. I get the mag and **** can it before Im at the end of the driveway.
Reply With Quote
  #12  
Old 10-28-2021, 11:58 AM
Milsurp1's Avatar
Milsurp1 Milsurp1 is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Aug 2016
Location: Not in California
Posts: 3,095
iTrader: 32 / 100%
Default

Try VFW
Reply With Quote
  #13  
Old 10-31-2021, 6:40 AM
Oxnard_Montalvo's Avatar
Oxnard_Montalvo Oxnard_Montalvo is offline
Senior Member
 
Join Date: Aug 2014
Location: NorCal
Posts: 1,044
iTrader: 2 / 100%
Default

I didn't see any mention if you had contacted / been working with your county VSO [Veteran Service Office] which could be INVALUABLE to your case. In my particular case I was VERY fortunate because one of the VSO's at my local office was my former 1SG / full time NG and he already had many contacts thru the state system before he moved to the VSO. Even w/o that 'personal touch' your local VSO has contacts in the VA system that the other organizations that have been mentioned likely do not have and which could make your case proceed WAY more smoothly than you've experienced so far.

Anywho, hope this helps, Ox
Reply With Quote
  #14  
Old 11-02-2021, 8:56 AM
ja308 ja308 is online now
I need a LIFE!!
 
Join Date: Nov 2009
Posts: 12,637
iTrader: 0 / 0%
Default

Quote:
Originally Posted by xmikex View Post
For my guys/gals

Has anyone ever appealed their VA rating? my rating decision just came in and think its little low. The breakdown gave me same rating for my back as my sore knees. I'm not looking to get 100% or anything like that but every little bit helps.

From reading it seems that hiring a VA lawyer seems to get the best results but the whole process can take up to a year for the appeal to be approved or denied. It also might not be worth it to hire and pay someone just to get a couple more % on my rating.

-Mike
Look into Point man ministries. Their rep helped my buddy and lots of others.
Reply With Quote
  #15  
Old 11-03-2021, 9:46 AM
xmikex xmikex is offline
Senior Member
 
Join Date: May 2013
Posts: 511
iTrader: 1 / 100%
Default

Still waiting on my letter but was able to get my rating and some documentation. Idk if I am expecting too much but my main issues is chronic back pain with documented disc herniation and sciatic nerve issues. They awarded me 10% which seems pretty low for documented and confirmed (MRI) disc issues.

I'm not trying to make out with a bunch of money and I know guys/gals definitely have it worse than I do.
Reply With Quote
  #16  
Old 11-03-2021, 9:49 AM
CartridgeCalls's Avatar
CartridgeCalls CartridgeCalls is offline
Senior Member
 
Join Date: Feb 2016
Location: Palmdale, CA
Posts: 1,156
iTrader: 42 / 100%
Default

Quote:
Originally Posted by Unit74 View Post
I'm a lifetime member. DAV can suck my..... I asked for help and they said, naw bruh, I have nothing to do and I'm not looking for work. I was porched by DAV. F-them. I get the mag and **** can it before Im at the end of the driveway.
I have had nothing but a good experience with the DAV. But it has also been years since I have used them.
__________________
Cartridgecalls "Get them in close, get the job done"
Reply With Quote
  #17  
Old 11-03-2021, 9:58 AM
tigerpan's Avatar
tigerpan tigerpan is offline
Senior Member
 
Join Date: Aug 2012
Location: Pomona
Posts: 2,134
iTrader: 45 / 98%
Default

Quote:
Originally Posted by tnlrat37 View Post
I was helping my father in law through the process, we got him 10% but they denied everything else. He had records but they said not-service connected. We were on an 18 month appeal process when he died, they immediately threw out the appeal even though his wife should get a portion of it went through, we’re still fighting it now a few months later.

Be prepared for a long haul they will deny you and deny you until you either give up or get some help most likely. Funny thing is when they give you ratings the numbers never add up, you can have 30% for one thing and 50% for another thing and somehow it comes out to 60%, gotta love VA math, good luck.

I have 10%, I’ve been thinking about going back for other issues but after seeing what they did with him and all the meetings and appointments and all the stuff he had to do I don’t know if it’s worth it.
There is nothing with they math, they created a rating system to limited your total out rating.
Reply With Quote
  #18  
Old 11-03-2021, 10:08 AM
tigerpan's Avatar
tigerpan tigerpan is offline
Senior Member
 
Join Date: Aug 2012
Location: Pomona
Posts: 2,134
iTrader: 45 / 98%
Default

Quote:
Originally Posted by xmikex View Post
Still waiting on my letter but was able to get my rating and some documentation. Idk if I am expecting too much but my main issues is chronic back pain with documented disc herniation and sciatic nerve issues. They awarded me 10% which seems pretty low for documented and confirmed (MRI) disc issues.

I'm not trying to make out with a bunch of money and I know guys/gals definitely have it worse than I do.
as long as service connect you back pain is covered. The magic rating is 30% that when VA cover most your health care.
Tinnitus is automatic 10%.
Reply With Quote
  #19  
Old 11-04-2021, 8:08 AM
xmikex xmikex is offline
Senior Member
 
Join Date: May 2013
Posts: 511
iTrader: 1 / 100%
Default

Quote:
Originally Posted by tigerpan View Post
as long as service connect you back pain is covered. The magic rating is 30% that when VA cover most your health care.
Tinnitus is automatic 10%.
30% total or for back? I was rated higher then that already but seems like they left off some stuff from my claim, unless they roll things into one body part. From what I was told Tinnitus isn't covered anymore since everyone was claiming it and the army issued you ear pro which is on the soldier to protect themselves. So I have been told...
Reply With Quote
  #20  
Old 11-04-2021, 8:33 AM
tigerpan's Avatar
tigerpan tigerpan is offline
Senior Member
 
Join Date: Aug 2012
Location: Pomona
Posts: 2,134
iTrader: 45 / 98%
Default

Quote:
Originally Posted by xmikex View Post
30% total or for back? I was rated higher then that already but seems like they left off some stuff from my claim, unless they roll things into one body part. From what I was told Tinnitus isn't covered anymore since everyone was claiming it and the army issued you ear pro which is on the soldier to protect themselves. So I have been told...
30% total rating you will cover most health care by VA.
However, even you back rate 30%. You will not get it base on VA rating system. Sometime you only need extra % to going next tier.
https://lowincomerelief.com/va-combined-ratings-table/

Normally claims will be denies if there is not new information provided. If they missing some rating, you have better chance.
I guess for Tinnitus you have to service between “3m earplug lawsuit”. Since those earplugs will not work
Reply With Quote
  #21  
Old 11-04-2021, 9:52 AM
xmikex xmikex is offline
Senior Member
 
Join Date: May 2013
Posts: 511
iTrader: 1 / 100%
Default

Quote:
Originally Posted by tigerpan View Post
30% total rating you will cover most health care by VA.
However, even you back rate 30%. You will not get it base on VA rating system. Sometime you only need extra % to going next tier.
https://lowincomerelief.com/va-combined-ratings-table/

Normally claims will be denies if there is not new information provided. If they missing some rating, you have better chance.
I guess for Tinnitus you have to service between “3m earplug lawsuit”. Since those earplugs will not work
Got ya, thank!

Here is how its broken down right now. I have a bulging disc which is from an AB jump. It has caused bad mobility and pain. It has also caused sciatic nerve pain which radiates down my left leg. I cant carry anything heavy or hold anything that heavy for an extended amount of time without feeling like my spine is getting compressed. This also gives me issues with sleeping since I cant sleep in one position for too long before I have to wake up and rotate my sleeping position to stop by back from hurting. I cant workout like I use to or want to. I have to squat very low weight and forget about deadlifting any heavy weight. If I do anything that requires a lot of hinging the next couple days to week my back is sore and killing me. Its also frustrating because I have a 18 month old baby and I cant hold her for to long before my lower back starts killing me.

I was given 10% "spondylosis to include disc herniation and schmorl’s nodes" just for my back. To me it just seems like all that pain alone and issues would net a higher rating.
Reply With Quote
  #22  
Old 11-04-2021, 9:12 PM
tigerpan's Avatar
tigerpan tigerpan is offline
Senior Member
 
Join Date: Aug 2012
Location: Pomona
Posts: 2,134
iTrader: 45 / 98%
Default

Quote:
Originally Posted by xmikex View Post
Got ya, thank!

Here is how its broken down right now. I have a bulging disc which is from an AB jump. It has caused bad mobility and pain. It has also caused sciatic nerve pain which radiates down my left leg. I cant carry anything heavy or hold anything that heavy for an extended amount of time without feeling like my spine is getting compressed. This also gives me issues with sleeping since I cant sleep in one position for too long before I have to wake up and rotate my sleeping position to stop by back from hurting. I cant workout like I use to or want to. I have to squat very low weight and forget about deadlifting any heavy weight. If I do anything that requires a lot of hinging the next couple days to week my back is sore and killing me. Its also frustrating because I have a 18 month old baby and I cant hold her for to long before my lower back starts killing me.

I was given 10% "spondylosis to include disc herniation and schmorl’s nodes" just for my back. To me it just seems like all that pain alone and issues would net a higher rating.
My old roommates have a accident during the training and broken or shift his spine disk. After years med board he only got 30 or 40% total rating.
And I have 3 degenerative disc and only getting 20% for it. And I have about 1 year medical record for physical therapy, MRI etc.
the best solution for you is find a third party company redo your paper work. And there is not cost upfront, they will charger your once you got increase rating.
Reply With Quote
  #23  
Old 11-11-2021, 11:01 AM
green grunt's Avatar
green grunt green grunt is offline
Senior Member
 
Join Date: Oct 2008
Location: The Left Coast...
Posts: 1,513
iTrader: 53 / 100%
Default

Quote:
Originally Posted by CartridgeCalls View Post
Get the DAV on your side. Its free help and if you are worthy you will get bumped to 100%. It does take a while to get appeals approved and waivers but you will be happy with the results and back pay once it is done.

THIS !
__________________
Semper Fi.
Reply With Quote
  #24  
Old 11-28-2021, 1:32 PM
Zamble's Avatar
Zamble Zamble is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Jul 2011
Location: Athol, ID
Posts: 2,317
iTrader: 25 / 100%
Default

I recently received 10% for my tinnitus. I filed for my back in 2014. They denied it. Saying there was no record of injury during my time in service. I had hurt it twice and went to the medics and get “prescribed” the usual, Motrin. I have had issues with numerous back related issues since I left the Army.
I recently went to the VSO in Post Falls, ID. I am in the process of appealing that decision. We just submitted a request for my medical record. And now I am going to see a orthopedic specialist, I was told I need to to say there is a 50% or greater likely hood my current ailments were caused by my job (armor crewman). The VSO said the ortho needs to write a strong Nexus letter. Told me to write a good outline of a day in the life of a tanker.
We have no resources up here other than the VSO or so the American Legion says.
Reply With Quote
  #25  
Old 12-30-2021, 10:42 AM
Supersapper's Avatar
Supersapper Supersapper is offline
Senior Member
 
Join Date: Jan 2014
Location: San Diego, CA
Posts: 865
iTrader: 62 / 100%
Default

Quote:
Originally Posted by Zamble View Post
I recently received 10% for my tinnitus. I filed for my back in 2014. They denied it. Saying there was no record of injury during my time in service. I had hurt it twice and went to the medics and get “prescribed” the usual, Motrin. I have had issues with numerous back related issues since I left the Army.
I recently went to the VSO in Post Falls, ID. I am in the process of appealing that decision. We just submitted a request for my medical record. And now I am going to see a orthopedic specialist, I was told I need to to say there is a 50% or greater likely hood my current ailments were caused by my job (armor crewman). The VSO said the ortho needs to write a strong Nexus letter. Told me to write a good outline of a day in the life of a tanker.
We have no resources up here other than the VSO or so the American Legion says.
This is actually correct. I just got out of my first appointment with DAV yesterday and they told me all the same. I have upper back/neck issues that were there, plus knees owing to an impact while on trainingm tinnitus, etc. One thing to note:

They're going to say you need a history of care for that injury. I'm not sure about that, as some injuries do not appear until later, so just because it was mentioned some years ago, does not mean that it doesn't (or won't) appear later. So don't just buy that line without checking into it.
__________________
--Walther P-38. Prefer Pre 1945
--Luger P08

Quote:
Originally Posted by ar15barrels View Post
Don't attempt to inject common sense into an internet pissing contest.
Reply With Quote
  #26  
Old 12-30-2021, 10:48 AM
middleofnowhere's Avatar
middleofnowhere middleofnowhere is offline
Senior Member
 
Join Date: Aug 2010
Posts: 522
iTrader: 1 / 100%
Default

Quote:
Originally Posted by DevilDawgJJ View Post
…They want you to give up.
True statement ^^^
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 3:36 AM.




Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2023, vBulletin Solutions Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2021, Calguns.net an Incorporated Company All Rights Reserved.
All opinions, statements and remarks made by Calguns.net on this web site and elsewhere are solely attributable to Calguns.net.



Seams2SewBySusy