There is no substitute
for the veteran claimant who is involved and informed. Once you've learned how the system really works, filing correctly...getting it right the first time...isn't that hard to do. Educate yourself by reading what the experts have to say.
Robert Wilkie <robert.wilkie@va.gov> 855-948-2311
Drew Early, Veterans Law Attorney
West Point Graduate - 20 Years Army Service - Airborne - Explosive Ordnance Badge
Free Case Review - Nationwide Representation
BVA/DRO Appeals - Fiduciary & Caregiver Issues, Trusts, Wills
Appeals of Veterans & Survivor Claims
(770) 939-1939
Veterans Clinical Psychologist
Some Wounds Cannot Be Seen
Nexus Letters Independent Medical Opinions Psych DBQs
(303) 465-3147
VA Malpractice Attorneys Helping Veterans Harmed By The VA
Veterans Healthcare Rights - Federal Tort Claims - VA Medical Malpractice Claims,
Misdiagnosis, Hospital Negligence, Medical Errors
For a review of your VA malpractice case contact our lawyers today. Our firm serves throughout
the nation, and is one of the few firms to have specialized experience in VA malpractice cases.
(949) 640-8222.
Veterans Law Attorney OEF & OIF Air Force Veteran
A VETERAN FOR VETERANS
Proven Results • Direct Communication • No Fees Unless You Win
TDIU CUE Specializing in PTSD Disability Claims & Appeals MST TBI Hearing Loss & Tinnitus Appeals
Nationwide Representation Free Case Assessment (844) 385-5665
Hey Jim, What's a Personal Injury Claim?
VA Form 21-526EZ
Use For...
Disability Service Connection
Secondary Service Connection
Increased
Disability Compensation
Temporary Total Disability Rating
Individual Unemployability
Compensation under 38 U.S.C. 1151
Special Monthly Compensation
Special Home Adaptation
Automobile Allowance
/Adaptive Equipment
Benefits Based on a Veteran's
Seriously Disabled Child
Medical Malpractice Claims, VA 1151 Claims, Personal Injury Claims, Accident Claims, Civil Law Suits
Roger Hale, Veterans Law Attorney
Nationwide Representation
The Board of Veterans' Appeals
Legislation will help Pacific veterans
exposed to Agent Orange
How To Leak To ProPublica
Become a Freedom Fighter
Join the ACLU
VA starts domestic violence program
Department of Defense Extends
Shopping Privileges to Veterans
CIA Freedom of Information Act
Electronic Reading Room
Disability Compensation Benefits
C-123 Aircraft and
Agent Orange Exposure
DBQ's
TDIU Unemployability
MST
Presumptive Benefits
Special Monthly Compensation
(SMC)
The Benefits Navigator will:
Take less than 20 minutes -
Keep your personal information secure -
List benefits you may be eligible for.
Education and Training
The end of military service marks the start of something new.
The Law Offices of David Anaise, MD JD
Board Certified Physician/Surgeon Accredited Veterans Law Attorney Military Veteran
DRO, BVA, CAVC Appeals Nexus Letters Independent Medical Opinions
Has Your Claim Been Denied? Do you need an IMO or a DBQ?
You'll need to speak with an expert physician and then a veterans law attorney.
Why not speak with both at the same time?
(520) 219-7321 Free Case Evaluation (520) 219-7344
What's a VA 1151 Claim, Jim?
Aljazeera
British Broadcasting Corporation
Business Insider
Central Intelligence Agency
Electronic Reading Room
Billing Issues
1-877-881-7618
9 a.m. – 5 p.m. ET
The Code of Federal Regulations Title 38
Courthouse News
Ann Coulter
CNN Sources
"Contact Your Representative!!!"
Who are my representatives?
Everything You Need To Survive
Contact Your Representative
Discharges & Military Records
(DTRA)
Defense Threat Reduction Agency
My HealtheVet Website
ebenefits
NICS Veterans 2nd Amendment Rights
Home Based Primary Care (HBPC)
Independent Expert Medical Opinions
Marijuana & VA DRUG TESTING & VA
M21-1 Adjudication Procedures Manual
National Personnel Records Center
New Outreach for Vets Regarding
Discharges & Military Records.
Project-Syndicate
Records of the Veterans Administration [VA]
U.S. Medicine
Veterans Benefits Administration
Fact Sheets
VA urges veterans to be
screened for hepatitis C
VA’s Airborne Hazards and Open Burn
Pit Registry for Veterans and Servicemembers
VA Payment for Emergency Care
Veterans Benefits Administration
Benefit Brochures
Veterans injured by service wait
years for compensation hearings
Washington Post
Washington Times
Welcome to Military Disney Tips!
The Veterans Medical Advisor
Independent Medical Opinions Nexus Letters Records Review
Nationwide Representation Free Consultation
(240) 506-1556
FREE case evaluation.
The attorneys and doctors
you'll meet here will be happy to review your case for free. It will
only cost you a little of your time
to speak with an expert.
What are you waiting for?
VAWatchdog Dot Org
Claims Go Here
V A Claims Intake Center
PO BOX 4444
JANESVILLE, WI 53547- 4444
Toll Free Fax: 844-531-7818
VA Form 21-0958 - NOD
Notice of Disagreement
VA Form 21-534 EZ
Application for DIC,
Death Pension
Change of Address
Military Records DD 214
Official Military Personnel Files (OMPFs)
Official Personnel Folders (OPF)
Selective Service Records
Deceased Veteran's Claim Files
Individual Deceased Personnel File
Vet Friendly Law...as it should be.
Julie L. Glover, Veterans Law Attorney GLOVERLUCK Adam R. Luck, Veterans Law Attorney
Veterans Law At Your Service
Unemployability (TDIU) Appeals,
Agent Orange Exposure, Death Benefits, PTSD & Mental Health Appeals,
Gulf War Syndrome, BVA % CAVC Appeals,
Asbestos or Radiation exposure, Traumatic Brain Injury
Nationwide Representation Free Claim Evaluation
844 244 VETS (8387)
Five 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
5. You've been notified that VA is proposing to appoint a fiduciary.
You have the right to appeal any benefits decision made by the Veterans Benefits Administration.
The VA appeals process is set in law and is different from other judicial appeals processes.
Have you already filed an appeal? When the Veterans Benefits Administration Regional Office receives your
Notice of Disagreement, you’ll be able to check the status of your appeal on Vets.gov.
How long does it take VA to make a decision? 12-18 months.
The Veterans Benefits Administration usually takes 12-18 months to review new appeals and decide whether to grant some or all of the appeal.
5-7 years When you request a review from a Veterans Law Judge at the Board of Veterans’ Appeals, it could take 5-7 years for you to get a decision.
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.
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.
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.
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.
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.
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.
How To File An Appeal Of A Benefit Denial
Notice of Disagreement NOD
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.
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.
Personal Injury Lawyer - Free Consultation For Veterans
Industrial Accidents Nursing Home Negligence Car Accidents Workers Compensation
Veterans Law Pain & Suffering Emotional & Mental Anguish
Roger Hale, Veterans Law Attorney
(405) 531-9983
Veterans Social Security Disability Lawyer
Roger Hale, Veterans Law Attorney
SSDI & TDIU Claims
Personal Injury Claims Nationwide Representation Free Claim Evaluation
(405) 531-9983
Serving Disabled Veterans Nationwide
PTSD, MST, TBI, Agent Orange Exposure, Back Injuries
Gulf War Syndrome, Migraines, Heart & Vascular Disease, DIC, Unemployability TDIU
Free Veterans Disability Consultation! (800) 742-5035
VA Disability - When the initial decision finds no "nexus"
What is the "nexus" and why is it important?
We Are Encrypted
To 256-bit Encryption
Secure Site