Appeal process

[foxcolt13]

I have been waiting on a appeal about six years now.

[RamblinWreck]

Originally Posted by Sharky

My understanding is that doing an appeal is not a good decision, and can take several months to a few years. I was told by my VSO that the better route is almost always to submit new evidence for re-evaluation as that typically gets results much faster than an appeal.

I am just getting started with the process so only repeating what I have been told, not what I know personally.

You are correct. Requesting a reconsideration is probably the most important thing my VSO taught me. After almost thirty years of being "stuck" at 10%, in six months, I went from 10% to 50%, 60%, 90%, and about to be 100%.

[Fu King Lawyer]

Originally Posted by Sharky

I'm guessing eventually nobody wanted to be near you overseas.....LOL Shit magnet.

George Conrad was a lead magnet.

[schibbs]

Originally Posted by Fu King Lawyer

George Conrad was a lead magnet.

Conrad, Mattoon, Rapp, Abramo, Mott, etc.....can't remember all the names. How the Nam Vets and many of you survived the pounding for so long is humbling. I was honored to chew some of the same ground as all you studs!

[Stopp700]

Originally Posted by schibbs

Conrad, Mattoon, Rapp, Abramo, Mott, etc.....can't remember all the names. How the Nam Vets and many of you survived the pounding for so long is humbling. I was honored to chew some of the same ground as all you studs!

Mattoon, now he could scare the shit out of you.... He wasn't even in my Company.

[foxcolt13]

I have learned that its better to file a Notice of Disagreement(NOD) and submit new evidence than to appeal.

[pavegnr]

My appeal took almost 12 years. My NOD took 3. My problems was they lost my paperwork and then the original judge I had for my appeal died, assigned a new judge, back in line. I waited on a travel board for almost 7 years.

[foxcolt13]

Originally Posted by pavegnr

My appeal took almost 12 years. My NOD took 3. My problems was they lost my paperwork and then the original judge I had for my appeal died, assigned a new judge, back in line. I waited on a travel board for almost 7 years.

Did you win?

[pavegnr]

Yes, basically had to send in all the paperwork I turned in originally.

[foxcolt13]

Originally Posted by pavegnr

Yes, basically had to send in all the paperwork I turned in originally.

Great. I hope I win. I am having a hard time making it on 70%.

[CAP MARINE]

Just read now—- those with disability claims that also have a Purple Heart go to the head of the line; will take place soon?

[madkatt1]

The VA just rolled out a new process in order to expedite the appeals process and lessen the burden in all who have engaged in this ridiculously lengthy process.
https://www.militarytimes.com/news/p...pier-veterans/

[Fu King Lawyer]

Until there is fundamental change in the VA's Office of General Counsel and with the lawyers at the Board of Veterans Appeals, I am afraid not much will happen. Since 1980 - 5 years after Vietnam ended, the number of VA lawyers has risen from about 200 to over 600. Check VA quick facts, during the past 40 years the number of Vets has fallen - precipitously. While the Courts have ruled that VA claims are supposed to be pro-claimant, pro se (you don't need a lawyer), and non-adversarial, the VA lawyers always litigate from the position that the Regional Office was right - rather than do what the Courts have said. Until a bunch of VA lawyers get disbarred for intentionally being adversarial, and for illegal failure to give the Vet the benefit of the doubt when the evidence "is as likely as not", I don't have much hope for change. My observation is that the VA lawyers want the back log - it keeps them in business, which is so wrong. YMMV. v/r fkl

[Mario7979]

I applied for 100% VA disability back in 2014 and it took about 1 year and a half.... And I received my back pay.... Her recently I have read and heard about the Veterans with 100% disability and they turn 65 the government is going to try and lower the pay.... Anyone no more about this....I will be 62 ext month....

[CAP MARINE]

Never say never when it comes to trying something like that, especially if you are a veteran with Unemployability built into your 100%; otherwise you are ok. I’ve had my 100% with UE over 20 straight years, mine can not go done.
VA doctor was shot yesterday in FL. Think he will be okay.

[ExSquid]

Update: I received a notice in the mail from my VSO that the VA has adjudicated my appeal. I checked with the VA and they have ruled in my favor. Took nine (9) months from appeal application to adjudication. VA states it will take 1-2 months to update my percentage. My claim was clearly mishandled initially because they ignored almost a decade's worth of treatment records in my file. It was an obvious mistake on their part. I was surprised how fast everything was processed.

x/S

[Fu King Lawyer]

^^^^
Well done! Your appeal moved swiftly.
Might I suggest you read the VA decision closely, compare what they granted (the percentages) against Title 38 CFR Part IV (Schedule for rating disabilities) - there is a link at VA's website - to make sure they didn't "low ball" what they have now determined is service-connected (s/c)? Sometimes in the euphoria following finally prevailing, one misses the fact that the injury is more disabling than noted in the decision. S/C is the majority of the battle so you are close to home with the claim.

[ExSquid]

My appeal was simply to the initial rating percentage of what they acknowledged was a service connected issue. They failed to follow their own guidelines and rated me at 30% (2nd highest rating for the condition) when I clearly met the criteria for 60% (highest rating for the condition). I have yet to receive the official findings from the VA but since they found in my favor, I will be maxed out on this issue.

x/S

[CV]

Originally Posted by Marcus85

I was shot twice and hit by 2 RPG's in my evaluation it say's those injuries are not related to my military service. I went after my discharge to the Phoenix VA in 2007.

Something's missing. If you were wounded in combat, you've got beyond reasonable documentation to show it's service-connected.

[Fu King Lawyer]

Originally Posted by CV

Something's missing. If you were wounded in combat, you've got beyond reasonable documentation to show it's service-connected.

Perhaps the injuries happened while working as a contractor, in which case for VA rating purposes they wouldn't be s/c?