Contact VAWatchdog
<jim912@gmail.com>
Fax us toll free
1-888-658-5058
Welcome to Military Disney Tips!
VA urges veterans to be
screened for hepatitis C
Veterans injured by service wait
years for compensation hearings
"Contact Your Representative!!!"
Who are my representatives?
New Outreach for Vets Regarding
Discharges & Military Records.
Vietnam War
Resources
VA’s Airborne Hazards and Open Burn
Pit Registry for Veterans and Servicemembers
Home Based Primary Care (HBPC)
Veterans Benefits Administration
Benefit Brochures
Veterans Benefits Administration
Fact Sheets
Things You'll Need
Mail your forms, documents
and evidence here...
Department of Veterans Affairs
Claims Intake Center
PO BOX 4444
JANESVILLE, WI 53547- 4444
Toll Free Fax: 844-531-7818
We recommend that you mail a copy and then
fax a copy! Yes, it's twice thework but maybe
VA will only lose oneand the other will
be processed. Remember: Use Certified Mail!
Forms
VA Form 21-526EZ
For...
Disability Service Connection
Secondary Service Connection
IncreasedDisability Compensation
Temporary Total Disability Rating
Individual Unemployability
Compensation under 38 U.S.C. 1151
Special Monthly Compensation
Specially Adapted Housing
Special Home Adaptation
Automobile Allowance/Adaptive Equipment
Benefits Based on a Veteran's
Seriously Disabled Child
VA Form 21-0958 - NOD
Notice of Disagreement
VA Form 21-534 EZ
Application for DIC, Death Pension
Change of Address
TDIU Annual - VA Form 4140
Declaration of Status of Dependents
VA form 21-686c
How To
How To Apply For SSDI
How To Apply For
TDIU Unemployability
How To Use
Disability Benefits Questionnaires
(DBQ's)
How To Apply For A Disability Rating
How To Apply For An Increase
to an existing rating
How To Retrieve Your
Military Personnel Records
Research Your Claim
The M21-1MR
The CFR
TDIU
SMC
The Schedule For Rating Disabilities
PROCEDURAL Guidance
requests to Add Dependents
Legislation will help Pacific veterans
exposed to Agent Orange
How To Leak To ProPublica
Tech Q&A
Finding veterans' records online
MRI twice as likely as biopsy to spot
prostate cancer, research shows
Become a Freedom Fighter
Join the ACLU
VA starts domestic violence program
Department of Defense Extends
Online Military Exchange
Shopping Privileges to Veterans
Department of Veterans Affairs Fast Facts
Choice Program Billing Issues
1-877-881-7618
9 a.m. – 5 p.m. ET
CIA Freedom of Information Act
Electronic Reading Room
Standard Claims and Appeals Forms Update
Disability Compensation Benefits
C-123 Aircraft andAgent Orange Exposure
Special Monthly Compensation
(SMC)
FOX
Guardian
Financial Times
Reuters
Gallup
Daily Beast
Gulf News
Drudge
Daily Caller
Free Beacon
World Public
OP/ED
Project-Syndicate
ChiTrib
Socialist Worker
Moscow Times
India Times
The Hill
Smoking Gun
Real Clear Politics
Mother Jones
World Net Daily
CSM
BBC
Business Insider
Infowars
JPost
The Sun
Coulter
CNN Sources
TPM
Limbaugh
Sky
VillageVoice
Politico
Pravda
Radio Garden
Xinhua
Aljazeera
Everything You Need To Survive
NICS Veterans 2nd Amendment Rights
Independent Expert Medical Opinions
Marijuana & VA DRUG TESTING & VA
Worried about burning some rope?
Guide to Federal Records
Records of the Veterans Administration [VA]
(DTRA)
Defense Threat Reduction Agency
VA Payment for Emergency Care
Patient Record Flags
VA Announces Community Care Call Center to Help Veterans with Choice Program Billing Issues
The Code of Federal Regulations
Title 38
Contact Your Representative
Discharges & Military Records
eBenefits
Law Library
M21-1 Adjudication Procedures Manual
M21-4 Manual
National Personnel Records Center
Courthouse News
VAWatchdog
America's Leading Resource For
Military Veterans News & Benefits Information
Over Ten Years of Service to America's Military Veterans
Since 2005 This Is The Site VA Reads When They
Want To Learn What They've Been Doing
Welcome Aboard!
Reasons to Appeal
1. You filed a claim for a disability benefit and were denied.
2. You filed a claim for a benefit and the rating is too low.
3.You've been denied a health care benefit, for example...prosthetics or dental services.
4. You have had a temporary rating and VA tells you that they are going to reduce that rating.
5. You've been notified that VA is proposing to appoint a fiduciary.
How to Appeal
1. You filed a claim for a disability benefit and were denied.
File a NOD
Use certified mail and send the form to:
Department of Veterans Affairs
Claims Intake Center
PO Box 5235
Janesville, WI 53547-5235
Also send a copy via fax to:
Toll Free Fax: 844-822-5246
Once you've done that,
talk with a veterans law attorney.
When you are denied a benefit, you have the right to retain a veterans law
attorney at no out of pocket cost to yourself.
We urge you to talk to a lawyer as soon as you're able to.
How to Appeal
5. You've been notified that VA is proposing to appoint a fiduciary.
Your best bet is to talk with a veterans law attorney.
How to Appeal
3. You've been denied a health care benefit,
for example...prosthetics or dental services.
You must appeal in writing to the director of your health care facility.
To appeal a denial of a health care benefit, you'll have to contact the
director of your facility, usually at the VA hospital that
is the hub for the facility that denied your benefit.
You must send the letter to the director at the VAMC address
and you must use certified mail.
In your letter you should be as brief as you can when describing
the problem you're having with your health care benefits.
How to Appeal
4. You have had a temporary rating and VA
tells you that they are going to reduce that rating.
Prostate cancer is the most frequent rating VA tries to lower.
Many, many VA ratings are assigned as temporary ratings during recuperation
or are conditions that VA believes will improve with treatment over time.
The term "future exams are scheduled" is your signal that a benefit rating is temporary.
The term "permanent & total" is the signal that the benefit is permanent
although "permanent" may not mean what you think it does.
Click here for our statement on P & T.
All cancer diagnoses are rated as temporary.
VA assumes you will get treatment and be cured.
This is why there is a conflict when prostate cancer (PC) is service connected.
The prostate cancer rated veteran is usually a Vietnam vet who has a
presumptive agent orange associated cancer. The usual course of the claim
is that the RVN veteran gets a diagnosis of PC and then files a claim.
There is always a perfunctory C & P exam.
The VA will respond with a temporary 100% service connected rating. The veterans file
will be flagged to schedule a future exam, usually 6 months or so after the assumed
treatment. If the veteran chooses treatment such as surgery, radiation or chemotherapy,
the C & P exam will determine the residual effects of treatment and the
100% temporary rating will usually adjust downward to reflect any disabilities
caused by treatment of the service connected condition.
Prostate Cancer Evaluations
Many veterans who are diagnosed with PC choose a new way to deal with it. Men are
more and more often choosing "watchful waiting" or "active surveillance." Men who choose
this option receive no treatment and their cancer remains active. Thus, they
are entitled to the 100% temporary rating for the duration of their disease process.
Simple enough, right? But VA will still manage to screw this up.
If during the follow-up exam (this may be a phone call exam) the examiner doesn't
understand that your cancer is active, he may rate you as 0% disabled because
you aren't having the typical post-procedure problems like frequent urination
or erectile dysfunction. If you are taking any medicine for your benign
prostate hypertrophy (BPH) the examiner may note that as prostate cancer treatment
and VA will propose to reduce your 100% rating. Common medicines for BPH are
tamsulosin (Flomax) or terazosin (Hytrin) dutasteride (Avodart) or finasteride (Proscar).
If you take any of the above medicines for BPH the VA is likely
to try and reduce your 100% PC rating to 0%.
If you are a veteran who is service connected for prostate cancer and you have
chosen watchful waiting and VA proposes to lower your rating, you must take action right now.
Nobody will help you with this, you must DIY.
VA usually encloses instructions of what to do if you disagree with their decision or proposal.
Carefully read any instructions. Read them again.
You must notify VA in writing that you still have cancer.
You must notify VA in writing that they made the wrong decision.
You should tell them that due to an inadequate examination,
they are making a mistake attempting to lower your 100% rating.
Be brief, be courteous, stick to the facts in your letter. One single page is enough.
Use certified mail to send your letter to:
Department of Veterans Affairs
Claims Intake Center
PO Box 5235
Janesville, WI 53547-5235
Then fax a copy to:
Toll Free Fax: 844-822-5246
We've used prostate cancer as our example here but the above instructions
apply to other conditions as well.
How to Appeal
2. You filed a claim for a benefit and the rating is too low.
File a NOD
Use certified mail and send the form to:
Department of Veterans Affairs
Claims Intake Center
PO Box 5235
Janesville, WI 53547-5235
Also send a copy via fax to:
Toll Free Fax: 844-822-5246
If you have applied for a disability benefit and the benefit is awarded but the rating is too
low, you're probably going to have to manage the appeal yourself. Since you weren't
denied the benefit, a veterans law attorney won't be able to help in most cases.
You can manage your own appeal. File the NOD as above.
As you fill in the NOD form, tell VA that you believe you should have a higher rating.
Explain why you believe your rating should be higher.
Compare ratings at The Schedule For Rating Disabilities.
Use examples from The Schedule to support your appeal for a higher rating.
We urge vets to talk with an attorney.
It doesn't cost anything to discover your options.
VAWatchdog does not recommend that any veteran proceed beyond the DRO
Process unless he/she is represented by a skilled attorney.
Appeals, indeed all claims, have become much more complex.
This has opened a door to the VBA making more mistakes than ever before.
Along with all this is the fact that VBA has become more willing to fight appeals.
Veterans need an advocate who is trained in law and skilled at the task.
The Court of Appeals for Veterans Claims (CAVC)
How To Appeal a Board of Veterans' Appeals Decision
You must have a final decision from the Board of Veterans' Appeals before appealing
to this Court. (The VA Regional Office is not the Board of Veterans' Appeals.)
If you are not sure of the status of your claim at the VA or BVA, please call the BVA status line at 202-565-5436.
Required Steps for Filing an Appeal:
1. The appellant must file a written Notice of Appeal (NOA) that
includes all of the following information:
A. Current name
B. Current address
C. Current telephone number
D. Current e-mail address
E. VA claims file number
F. Date of Board decision being appealed
2. The Notice of Appeal (NOA) must be received not later than 120 days after the date
on which the Board mailed the notice of the decision to the last known address of the appellant.
Please Note: The date stamped on the front of the BVA's decision is the date it was mailed.
3. A $50 nonrefundable filing fee, paid by check or money order payable to the
"U.S. Court of Appeals for Veterans Claims," or a Declaration of Financial
Hardship must be received by the Court no later than
14 days after you send the Notice of Appeal (NOA).
4. File the Notice of Appeal (NOA) and filing fee or Declaration of Financial
Hardship with the Court by mail, fax, or e-mail to the following address:
Clerk of the Court
United States Court of Appeals for Veterans Claims
625 Indiana Ave. NW, Suite 900
Washington DC, 20004-2950
Fax: (202) 501-5848
E-mail: e-submission@uscourts.cavc.gov
E-mailed pleadings must be in separate PDF files.
5. Once the appeal has been docketed, the Clerk will send a Notice of Docketing
to all parties advising them of the date the Clerk received the Notice of Appeal (NOA).
The Clerk will also note what is next required of both the appellant and the Secretary.
The Board of Veterans Appeals (BVA)
The Board of Veterans' Appeals (also known as "BVA" or "the Board") is a part of the VA,
located in Washington, D.C. Members of the Board review benefit claims determinations
made by local VA offices and issue decision on appeals. These Law Judges, attorneys
experienced in veterans law and in reviewing benefit claims, are the only ones who can
issue Board decisions. Staff attorneys, also trained in veterans law, review the facts of
each appeal and assist the Board members. {38 U.S.C. §§ 7103, 7104} Anyone who
is not satisfied with the results of a claim for veterans benefits (determined by a
VA regional office, medical center, or other local VA office) should read the "How do I
Appeal" pamphlet. It is intended to explain the steps involved in filing an appeal and to
serve as a reference for the terms and abbreviations used in the appeal process. Considering
a BVA Hearing? Select a Video Hearing. Board of Veterans' Appeals Decisions Search To
conduct a search of BVA's decisions, enter the word or group of words you are looking for
in the fields below. From the resulting list, you can connect directly to individual decision
texts or you can return to this page to conduct additional searches. Personally identifying
information has been removed, so searching by the Veteran's name, C-File or
Social Security Number will not be effective. Decisions are loaded
monthly, usually within 45 days after the end of
each month. VA Pamphlet 01-02-02A, April 2002 " How Do I Appeal " (PDF)
The Steps To An Appeal
* Veteran files a claim the usual way.
* The usual process occurs; This may take 12 to 24 months.
* The veteran receives the letter from VA that denies the benefit.
* The veteran then chooses how to appeal. There is a one year time limit.
* The veteran may then retain a lawyer, tell VA that a DRO Process
appeal is desired or the vet may seek a BVA hearing.
* If DRO Process is the chosen, the appeal is handled at the Regional Office.
* If BVA is desired, the claim will be "perfected" by the RO prior to being sent to BVA.
This may equal DRO Process.
* If BVA claim is denied, the veteran may proceed to the CAVC.
* VAWatchdog does not recommend reconsideration.
* VAWatchdog recommends that almost all appeals
be handled by an expert attorney.
How To Appeal A Claim That Is Denied By The
Department of Veterans Affairs (VA)
We believe that most applications for benefits will
be wrongly denied or the rating will be too low.
It doesn't matter if the claim is well grounded or not. It is likely that your claim will
require an appeal. VAWatchdog advises that veterans must expect that their benefit
application will be denied and that the veteran should be prepared to appeal.
This is a routine and ordinary part of the process. Denial of the initial claim should not
cause the veteran undue anxiety. Many, if not most, claims are won on appeal.
In every award (denial of award) letter there is information about why the veteran
was denied. Now is the time to carefully read through that. You may want to
read it a number of times. The information contained in the letter may be full of
errors itself and it won't always be easy to understand.