VA disability claim

[The_Yetti]

Anyone here ever go back and have their VA disability claim redone? If so did you use a VSO or a law firm? If so how did it go?

 

[SouthernCharm]

Use your VSO, do your due diligence on what you’re applying for and make sure your I are dotted and Ts are crossed. My VSO listened to my disabilities that I was having, reviewed my case, gave me good feedback, then filed paperwork with intend to file (very important). I took my assignment to gather additional medical documentation and filed the claim later. The majority was all accepted. In my opinion, the lawyer will only take money. I would only use that as a last resort when you know u have the ball in your court, I’ve been through a higher level review so that’s my opinion to my interactions and outcome.

 

[Colorado Cowboy]

Yes I did several times. I used the Disabled American Veterans (DAV) as my advocate. I am 50%.

I fought with the VA for 30 years over my rating. I filed my first claim in 1966. they said I was disabled with a 0% rating. Finally after 10 years or so, I got 10%. During that time I had no help at the hearings, I was by myself. Finally I got the DAV involved. After several more hearings I was ready to give up. I received a letter from the DAV's legal department saying they review all VA denials and mine was wrong and suggested we go to court. I filed a letter allowing the DAV to represent me and they sued the VA in Washington DC Federal Appeals Court in my behalf. After about 6 months I received a letter from the DAV saying we won! The VA sent me back to the Albuquerque Hospital for a complete physical. The head of the Orthopedics said after he looked at all my paperwork, "You have been getting screwed for 30 years and I am going to fix it". I heard nothing for 5 months and I wrote a letter to my Congressman asking him to take a look at the situation. About 3 weeks later I got a registered letter from the VA asking me if I was willing to settle for 40% retroactive for 30 years. I agreed.
About 5 years later I was having more problems and I went to my county veterans rep (VSO) and he helped me file the claim. 3 months later I was bumped up to 50%.

If you havn't been to you local VSO, go..... The best thing Congress ever did was authorize and fund this program.
If you want any more info, PM me. Good Luck!

 

[ctafoya]

Yes, I went through the DAV. 1st one always denied right away but keep up the fight. It took several years but I got up to 50% now. Don't give up!

 

[Dave Sims]

Use your VSO. And like stated, have all documentation.

 

[Hydra6]

I started with myself and later added a lawyer group for my appeal. Not impressed with the lawyer group.

 

[stratofisher]

In the middle of pushing back. This time I am using a lawyer. VA is using AI to decide claims now and getting some really bad results. Had my thyroid removed because of large growths. They gave me a a zero percent rating for the surgical scar, but nothing for the actual major organ removed due to toxic exposure. Defies logic. Like others have said keep pushing.

 

[Jbehredt]

I see you’re in CO. I had good luck with the VFW guys in the Lakewood VA regional center. Obie seemed to enjoy the fight. And he won.

 

[Fullfan]

You can do it all yourself. I received 230% rating; Va only pays 100% rating. I went to my local Va office and was told there was nothing they could do for me. I Gathered all the evidence and submitted a claim myself.

As mentioned, make sure you have all your ducks in a row, it took 10 months and one C&P exam to receive my rating.

File everything online and mail a copy just to CYA.

Bud of mine used a firm from Tx, when he received his new rating, the firm took 6 months of whatever increase he received.

 

[Hydra6]

Be aware that the whole VA process is extremely subjective - same vet, same claim, etc. will be decided completely different depending on who in the VA reviews your claim.

 

[Colorado Cowboy]

I guess that I am probably older than the rest of you posting here (84 this month). Us Viet Nam era vets had to fight and fight with the VA. It was like they were your enemy and you were trying to steal their money. Things got a whole lot better after the Gulf situations. Today it's kinda backsliding a little, but still not too bad. As I stated before, the best thing that happened is that we have a Veteran Service Officer in every county in the US. It boils down to how good your VSO is. The main thing is don't give up and let them wear you down.

 

[fatbacks]

I used a VSO in another state. A buddy recommended him and we did everything over the phone. Was blessed to update my rating pretty easily.

 

[Bugger]

VFW handled mine right out the gate and were very thorough.

 

[tradman]

Semper Fi Americas Fund helped me get the 100% after years of trying with other groups.

 

[amassi]

For original claims, new presumptive claims, new claims or claims for increase your VSO should be your first stop. Also supplemental claims with new/ relevant evidence and higher level reviews with an informal conference.

Once you’ve exhausted those avenues and remained timely, within 1 year of a decision, then it might be time to hire a lawyer and head to the bva.

Make sure before you file anything you review the rating criteria and meet those requisites. Too often veterans are filing claims for increase for issues that are maxed out, attending an exam and being reduced as they no longer meet the criteria( maybe never did)

If you’re a GWOT or Vietnam veteran filing a claim for an exposure related condition you should get the diagnosis prior to filing or they will assign a later effective date, typically the exam, as the date the issue was clinically diagnosed. Some shitty examiners will also fail to render a diagnosis and deny for no DX.


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[amassi]

In the middle of pushing back. This time I am using a lawyer. VA is using AI to decide claims now and getting some really bad results. Had my thyroid removed because of large growths. They gave me a a zero percent rating for the surgical scar, but nothing for the actual major organ removed due to toxic exposure. Defies logic. Like others have said keep pushing.

Under 38 cfr you could have received a temporary 100% rating while you convalesced from the surgery but the issue would then be rated for residuals.
If you don’t explicitly spell out the residuals ie “Hypothyroidism” the examiner will rate under the diagnostic code that your symptoms most closely align with. Surprise surprise they are often wrong.

38 CFR § 4.119 - endocrine system.

www.law.cornell.edu

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