VA Apeals for disability

[justjeff]

Has anyone went through the process of appealing the VA? If anyone has info on this can you please point me in the right direction I was going to try the DAV or VFW but I have no clue on what to do.

Thanks

[todd2968]

You need help go to DAV

[epilepticninja]

The DAV sucked when I went to them for help on an appeal. I ended up using AMVETS. Got a letter from the VA telling me to shove my appeal. Then about 8 months later, I get a direct deposit for thousands of dollars of back pay as AMVETS had somehow gotten me another 10%. Didn't even know they were still working on it. Go figure.

[justjeff]

Thanks guys this is so frustrating. Any time frame on how long the appeals take?

[epilepticninja]

Mine took about a year and a half. Appeals are so hit and miss. I finally got a chance to look at the documentation for mine, and they actually gave me the additional percentage based on something that was on hold with them why they investigated it. All my other stuff was denied. I'm thinking about filing another one, but want to talk to AMVETS first.

[Unit74]

I went with the dav in 2008 and was happy with them. I have donated clothes and stuff to AMVETS as well.

Get a veterans advocate and fight it all. The VA wants nothing more than to short change vets after they get lifetime of problems from service.

[VetteRacer]

I went through American Legion (not impressed) for my initial claims.. That was end of 2011, just got decision letter from VA, service connected 4 out of 5 that I asked for, denied the last (Expected, still waiting on Line Of Duty to be taken care of). Only rated 10% on one of them, the other 3 are at 0%, but at least they are rated and not denied, huge relief there! I am about to start the appeal process as well, so no experience, just some research so far...


OP: Have you received your decision on claims you put in for?

The pack of the packet they gave me has appeal information, VA Form 4107 (http://www.va.gov/CENTERFORMINORITYV...ata/VA4107.pdf). It has an outdated link in it that should point to http://www.bva.va.gov/docs/Pamphlets/010202A.pdf

I was told that for the appeal to use VA Form 21-4138, and state something like "This refers to the rating decision dated 7 Aug 2012. I would like to file for a notice of disagreement for the following ratings. 1. Right Knee, 2. Left Knee, etc.."

Unit74
"The VA wants nothing more than to short change vets after they get lifetime of problems from service."
I waited 3.5 years to put in my initial claim because of comments like this. They way my dad was treated (Applied after recent update on VA Agent Orange stuff) changed my mind on that and finally convinced me to apply. As I stated above I was granted service connection for 4 of the 5 I applied for, the denial was expected because its still in process of being sorted out on military side. I am more than pleased with how the process went so far, yes I need to appeal some of the ratings but overall I do not feel like the VA is trying to screw me, as so many others try to state.
I wish I had not let comments like that from other people deter me from making my claim, would have been done with it years ago and saved a lot of money (house purchase)...

Matt

[justjeff]

I got my initial claim but one of the major things was deferred. Now I have a denial letter from the deferred condition. I went and got every medical record from all the hospitals I have been seen at for this condition and I'm going to submit them with my appeal.

Thanks again guys I have an appointment with the DAV on Monday so we'll see how it goes.

[HokeySon]

You guys know that you can hire an atty now (and are not required to go through the VSOs only anymore)? There are also a few programs where attys volunteer to rep Vets on a pro bono basis.

PS: I am scheduled to go through training soon so that I will be qualified to do VA appeals. As soon as I do, I will take on some pro bono cases, but I know that doesn't help you right now.

[VetteRacer]

You guys know that you can hire an atty now (and are not required to go through the VSOs only anymore)? There are also a few programs where attys volunteer to rep Vets on a pro bono basis.

PS: I am scheduled to go through training soon so that I will be qualified to do VA appeals. As soon as I do, I will take on some pro bono cases, but I know that doesn't help you right now.

That is awesome that you will be willing to do that for people. Best of luck with training.
Be sure to offer tips when you learn them.
I did know about the attorney, but for me it is too early to get that hardcore.

Jeff, good luck.

Matt

[llamatrnr]

I had a great book I gave to a buddy entitled (something like) The Veterans Survival... etc. You'd probably have some luck on Amazon.

It takes you through all the processes. My claim took 14 months; they put me at 80%, but I didn't appeal.

Good luck, brother, hurry up and wait ;-)

[ch47gunner]

Don't quit, don't give up.
That's their plan - to make things so time intensive & frustrating that you give up.
For my initial claim I used the DAV tho my rep (retired Marine) was rather reluctant to process my PTSD claim. I got 70% first pass and let it drop. After getting involved with my local Vets Center, I refiled for the same issue two years later with the Vets Center's rep.
I, fortunately, had plenty of documentation for hours and missions flown and awards earned. That appeared to be the ticket - DOCUMENTATION - gather as much as you are able to.
It had taken my claim approx. 4 years to complete and that includes time I had given up and had to actually file a new claim. I finally got my 100% thru the VA then filed for SSD and with the documentation used with the VA, the SSD was a piece of cake.

Don't quit, don't give up.

Bruce