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.




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.

How To Hire A Lawyer  

How To Appeal A Claim That Is Denied By The

​Department of Veterans Affairs (VA)



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society. We are a non-partisan, not-for-profit civic initiative and have no political agenda or commercial motive. We provide this

information as a free public service and are committed to maintaining

and expanding it in the future.



Veterans Benefits

Administration

(VBA)

Benefit Brochures

The Fully Developed Claim

eClaim Disability

Compensation Brochure

eBenefits

Your VA & DoD Benefits. Online

Summary of VA Home Loan

Guaranty Benefits

Summary of VA Benefits

Summary of VA Benefits

for Disabled Veterans



The Veterans Voice

International


Opinion   Editorial

News & Views


(Under Construction)




How to Appeal


2. You filed a claim for a benefit and the rating is too low.


File a NOD

Use this form

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 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.








Many VA Benefits aren't.


Read why and what you

should do about


Permanent & Total (P & T)



VAWatchdog​

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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!


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.




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.  


C & P Exams & the

Claims Process

New data sheets from VA

http://www.benefits.va.gov

/compensation/claimexam.asp.
If you’ve already been scheduled for a VA

claim exam, but need to reschedule the date

and time, be sure to change your

appointment using the phone number

given to you as soon as possible. For more

information about the claim process, go to www.benefits.va.gov/compensation


VA Claim Exam Factsheet

VA Claim Exam Tips

Frequently Asked Questions (FAQs)

VA Claim Process Step-by-Step

Mental Health Exam Factsheet

Review Exams Factsheet



Speak With A

Veterans Law Attorney

An Expert Physician

or a

Veterans

Clinical Psychologist

TODAY!

Case Evaluations Are

Always Free!



How to Appeal


1. You filed a claim for a disability benefit and were denied.


File a NOD

Use this form

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.


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.




Contact VAWatchdog

Email Jim Strickland

<jim912@gmail.com>

Fax us toll free

1-888-658-5058

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Things You'll Need














Mail your forms, documents
and evidence here...
Department of Veterans Affairs
Claims Intake Center
PO Box 5235
Janesville, WI 53547-5235


Toll Free Fax: 844-822-5246


We recommend that you mail a copy
and then fax a copy!  Yes, it's twice the
work but maybe VA will only lose one
and the other will be processed.
Remember: Use Certified Mail!

Forms to File Claims

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




Guide to Federal Records

Records of the Veterans Administration [VA]

(DTRA)

Defense Threat Reduction Agency

VA Payment for Emergency Care

Patient Record Flags



OBSTRUCTIVE SLEEP APNEA

VA Benefits for Sleep Apnea

as a service

connection to PTSD
Brett Valette, Ph.D.
Licensed Clinical Psychologist









* Can veterans sue the United States for medical malpractice?
* Is there a special process for suing the government?
* Where do you file a lawsuit?
* Isn't it impossible to win a lawsuit against the United States?
* Do I need a local lawyer to file a claim against my local VA or military
health care facility for malpractice?
* Do I need a lot of money to hire a firm such as RawlsMcNelis to bring
a medical malpractice claim against the United States?


Click here for the answers to these and other questions.



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)



Veterans Benefits

Administration

(VBA)

Fact Sheets

Standard Claims and

Appeals Forms Update

Disability Compensation Benefits

C-123 Aircraft and

Agent Orange Exposure

DBQ's

TDIU

Unemployability

MST

Presumptive Benefits

Special Monthly

Compensation

(SMC)



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

Here's What Medicare Part A

Costs and Covers in 2017



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.



VA SPOTLIGHT

Brett Valette, PhD


UPDATED...April 2017

This is a series of stories

bringing light to the dark side of the

VA’s treatment of some Veterans

applying for disability.  Whether out

of frustration, desperation, anger, or

‘just to make it right” they contacted me, and together, we fought the injustice. 

These are actual cases and claims. 

I have changed names and identifying

information for confidentiality reasons.


Spotlight March 2017

This is the first in a series of stories bringing

light to the dark side of the VA’s treatment

of some Veterans applying for disability. 


Spotlight April 2017

Claim Killer DBQ Questions.
VA Spotlight is a series of stories bringing

light to the dark side of the VA’s treatment

of some Veterans applying for disability.

Whether out of frustration, desperation,

anger, or ‘just to makeit right” they contacted

me, and together, we fought the injustice.


Click Here To Contact Dr. Valette