Veterans Service Officer and a Lawyer

celect

celect

PEB Forum Regular Member
PEB Forum Veteran
I'm going to have to appeal my case to the VA boards of appeal.
My MEB/PEB found me unfit and service connected. The VA rating was 20% not service connected.
I asked for a reconsideration and they refused to change thier decsion.

I aready had a veterans service rep working my prior claims who they said they forwarded the decsion to. As of today he has not recieved anything.
I was told I have to appeal to the VA borad of appeals now; my question is can I have a lawyer involved as well as the veterans service officer.

I don't think this veterans service officer understands the pilot program one bit.
 
I would suggest that you file a Notice of Disagreement with the Department of Veterans Affairs first. That is the first step in the appeals process. This allows the Service Officer to make an argument that your disability meets the criteria for higher ratings. You can help yourself by looking in 38 Code of Federal Regulations, Part IV. This is the section that establishes what the VA can award based upon your disabilities caused by physical and other injuries or diseases/illneses.

As far as using both an attorney and a Service Officer that usually isn't done in a VA Claim. There can only be one person holding your Power of Attorney (POA) as exclusive contact for that claim. Check within the VA system (www.va.gov) for attorneys and/or claims representatives that are in your area.

This process is not a short process. No matter if you get an attorney or a Veterans Service Officer no one can shorten the process time. Not even a letter to your Congressional Representative or Senator.

I wish you luck. Make sure that you get the highest rating you can. Also file for everything that occurred on active duty that is still bothering you. The secret of getting a rating is that you were injured or had a chronic condition and that you have a CURRENT DIAGNOSIS.
 
How did the VA rate something they found not to be service connected? Did they rate it only because the military found it unfitting?
 
They would not Non-Service Connect (NSC) for a 20% rating. There may have been something in the rating other than the rating they granted. The only way to see what was NSCed would be to see the rating letter and the rationale for SC and NSC. If the condition was considered as congenital then they may have held it to be only 20% aggravated. This is why the veteran needs a VSO, Attorney who specializes in CAVC work or an Accredited Agent to help walk through this system. It's not an easy task. The veteran also needs to make sure that he has a good diagnosis that is clear under 38 CFR Part IV.
 
maparker said:
How did the VA rate something they found not to be service connected? Did they rate it only because the military found it unfitting?
Click to expand...

I was found unfit on two conditions, both MEB/PEB found both conditions service connected, one condition was assoicated with the other.

I filed my claim in 2006 after getting off active duty and returning to my Guard unit.
My unit told me to go to VA for treatment. VA gave me service connection at 0% for this condition.
I continued to have issues and treatments so VSO asked for an increase and file a claim for arthritis claimed as a secondary to the first condition.
In 2007 VA rasied to 30% the first condition but denied arthritis. They said I did not have arthritis.
Sent additional medical information again said I did'nt have arthrits.
In 2008 National Guard unit sent me for fit for duty, then MEB. The MEB was part of the pilot program with VA.
VA then reduce my 30% to 0, and said I have arthritis but is not a secondary condition not service connected.

So now I was given a 20% rating for DES purpose and nothing for VA purpose.
My PEBLO said my case is now closed because I exhausted all my choices with the MEB/PEB and now have to wait until my unit discharges me and appeal to the VA board of appeals. A lawyer for Walter Reed PEB services said they would look in to it and let me now if anything could be done prior to me being discharged.
 
You need to file a Notice of Disagreement immediately. Don't wait until you get off of duty. Once you file the NOD you should ask for a Decision Review Officer Personal Hearing and make sure you have a representative with you. As you can see this is not an easy process. The bureaucracy can wear you down. If you don't have "arthritis" then there was a misdiagnosis somewhere down the line and you should be service connected for the "misdiagnosed" disability.

The VA will probably say that you don't have arthritis. I would suggest that you go to a civilian doctor take all of your medical records (military and civilian) and have an examination and get another diagnosis. You would then submit this diagnosis to the VA. Just make sure that you file the Notice of Disagreement before a one year period from the last decision goes by.
 
Filed a NOD at the reconsideration; VA service rep who filed that NOD is now waiting for decsion from the reconsideration to come to him. PLEBO said everything is done at his level, I just have to wait for State to discharge me and then file the NOD when all the paper work comes down. Funny thing is I just extended because my ETS is next month. I was told to hope they prolong it until then because I'll have 15 good years then.
 
celect,

Hope you can extend until then so you can at least get the 15 year retirement. Make sure that you don't take a severance and that you request the DD2N (retired I.D.). There's a lot of bene's that are given up when you take a severance. Tri-care for life, benes for spouse and children. Talk to an expert about that. I think you have a lot together and if you want to communicate off this thread we'll figure a way to get in contact. Thanks for allowing me to at least give you some partial imput.
 
VA service rep called today and said he filed NOD today.
I should expect a letter from VA.

Does anybody know if I can use a lawyer to handle the VA rating so I can try and get up to 30%.
 
In what state do you live? Give me an e-mail at [email protected] and I will try to contact you with someone who can give you a hand in your State. You can use an attorney for an appeal. There are limitations that are put on them as far as what they can charge. The same goes for Accredited Agents. The max they can charge is 20% of past due benefits and "expenses". Watch out for the reasonable expenses. If there are any filing fees (later on if you get to the Court of Appeals Veterans Claims) you will be responsible for those. Don't be discouraged but contact me outside of this thread so we can talk one-on-one. I am not an attorney by the way. Am a combat disabled veteran.
 
Just recieved a letter from VA stating that have assigned a desision review officer (DRO) to handle my appeal.
 
Hanging in there

Just an update; I'm still waiting for my case to be reviewed by a VA DRO.

I'm still monitioring this fourm to stay informed.

I will update when my case is reviewed.

Oh yea...go Phillies.....
 
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