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Sample Va Disability Appeals Letter


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9 replies to this topic

#1 gnwjr

 
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Posted 07 February 2008 - 11:25 AM

I just got my disability rating and have an issue with two of the ratings: 1), C6-C7 herniated disk, service-related, but no compensation and 2), Left hip pain, "service connection denied because the mediacal evidence of record fails to show that this disability has been clinically diagnosed." My issues are as follows:

1. The doctor failed to ask some questions regarding other issues with my neck such as "cricks," other symptoms, etc. I have a recurring issue with cricks which has increased substantially in the recent years.

2. My military records do indicate both a reported pain in my hip as well as a diagnosis by the flight surgeon.

I am planning to appeal these findings, but rather than reinvent the wheel. I am looking for sample letters. If you have any that you think might be of some use, please let me know via this site. Also, any suggestions you might have regarding the appeals process would be most aPPRECIATED.

I also think that the Tools section might be a good place to put these "sample letters" so other Vets can use them.

Thanks a lot...

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#2 Berta

 
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Posted 07 February 2008 - 11:56 AM

"2. My military records do indicate both a reported pain in my hip as well as a diagnosis by the flight surgeon"

Did they say in the denail that they had your SMRs available?

I would sure use a copy of this as part of your appeal-
more and more these days I see possible reason for a vet to file a Reconsideration Request-before they formally appeal with a Notice of Disagreement.As long as you have or are willing to obtain string medical evidence that shows they are wrong-

HOWEVER- this type of request does NOT stop the year clock for the formal NOD to be received within by the VA.

Question- did you get a letter saying Important Reply Requested that specifically told you what they needed?
And did you get a VCAA election notice that said check Box one or Box two?

Either way you just Put Reconsideration Request or
Notice of Disagreement on top of the letter with your c file number etc-
refer to the initials and numbers on the VA letter upper right hand corner (make copies of everything you send them and send this priority or certified with tracking slip)

Then tell them exactly what you told us and refer them directly to the SMRS that support this- (and tell them you are attaching a copy of the specific SMRs with this info in it-as to the hip pain.
On the SC "0" (better then NSC "0")
go to the schedule of ratings (they should have put all these regs in with the decision you got) and tell them how the medical evidence supports a higher rating then "0".

I would think but am not a doc- that the hip pain is directly related to the C6-C7 disability as a secondary condition.

#3 Berta

 
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Posted 07 February 2008 - 12:01 PM

I wonder if this BVA decision would help-

http://www.va.gov/ve...es3/0728410.txt

of course this is for another vet and each disability is unique but I wonder if they fully determined if any stenosis involvement etc-could raise that rating from Zero.

#4 gnwjr

 
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Posted 07 February 2008 - 12:09 PM

You used a few acronyms that I am not familiar with such as SMR, NOD, NSC, SC...

I will assume they are as I use them:

In my rating sdecision - blue pages included with the decision letter - service connection (SC) was granted for the C6-C7 issue, but not for the hip issue. The SC for the hip issue was due to the "medical evidence fails to show that this disability has been clinically diagnosed." As I said in the previous post, my Service Medical Record (SMR) shows a diagnosis from my flight doc.

I assume the NOD is a Notice of Disagreement and that is the letter I am planning to write. Again, if anyone has a sample of such a letter (delete or <snip> the personal information) I would be very interested.

#5 deanbrt

 
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Posted 22 May 2008 - 07:41 PM

My appeal just went to The Appeals Management Center after the law judge gave my appeal a favorable review. Is this good???

#6 deanbrt

 
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Posted 22 May 2008 - 07:47 PM

After receiving a favorable review of my appeal from the law judge and remand my appeal has been refered to the Appeals Management Center, rather than the regional office. Is that good???

#7 Ricky

 
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Posted 23 May 2008 - 12:17 AM

I just got my disability rating and have an issue with two of the ratings: 1), C6-C7 herniated disk, service-related, but no compensation and 2), Left hip pain, "service connection denied because the mediacal evidence of record fails to show that this disability has been clinically diagnosed." My issues are as follows:

1. The doctor failed to ask some questions regarding other issues with my neck such as "cricks," other symptoms, etc. I have a recurring issue with cricks which has increased substantially in the recent years.

2. My military records do indicate both a reported pain in my hip as well as a diagnosis by the flight surgeon.

I am planning to appeal these findings, but rather than reinvent the wheel. I am looking for sample letters. If you have any that you think might be of some use, please let me know via this site. Also, any suggestions you might have regarding the appeals process would be most aPPRECIATED.

I also think that the Tools section might be a good place to put these "sample letters" so other Vets can use them.

Thanks a lot...


What was the diagnosis provided in the SMR's? Were there any xrays, MRI's etc..... If not then this is what they are hanging their hat on. For to have a clinical diagnosis a study of the signs and symptoms must have been done. Example (example only) I tell doc my hip has been hurting for the past six months. The next entry in my records the doc says diagnosis broken hip. There is no way he could have determined such a diagnosis without supporting evidence so there would be no true clinical diagnosis. I hope this is understandable. So if you have evidence of such via xray etc.... then you should succeed without much problem. If not then you are going to have to push the envelope in order to have at least xrays conducted then have the doc say that what ever he determines to be the current diagnosis is at least as likely as not the same issue that was present during your active duty.

#8 firedawgs

 
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Posted 28 June 2008 - 10:21 PM

I have a SCD for Degenerative Disc Disease; which was caused when I fracture two vertibae in the military. I gave them every X-ray, MRI, and records I ever had.

The smartest thing I ever did was copy all my military records when I got out of active duty Air Force.

#9 carlie

 
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Posted 29 June 2008 - 11:01 AM

deanbrt,
Welcome. Please start a new thread with your question.
carlie

#10 carlie

 
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Posted 29 June 2008 - 11:04 AM

gnwjr,
Welcome. Hadit's Home page http://www.hadit.com/, has some sample letters and definitions
that maybe helpful to you.
carlie




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