I am in desperate need of getting help with my disability claims. I'm in need of a law firm to help me. I need suggestions/reommendations?

Most of the claims that are submitted directly by the claimant fail to get recognized as there is insufficient medical information and other information on which to base an acceptance of a claim... You don't need an attorney as there are certified resources in the DAV in your area to assist you with filing a claim...they can help and advise you what VA forms you need to provide and if you provide the information on requested on the form, the correct documentation will be forwarded directly to the correct VA claim center and the Service Officer will follow it through...More information may be needed, but they will assist you...but you have to maintain contact with your designated Service Officer working with you... Message me if you want to contact a DAV Service Officer near you.

Kerry Harkins
Commander and CSO
DAV Chapter 90
Norwood, Massachusetts

You have to provide medical documentation I was always told. Can you request a copy of your medical records? I turned in a copy and have my original copy and x-rays as well.

I want to second what Sgt Kerry Harkins said about the DAV (Disabled American Veterans) Those folks are ROCK STARS & fought for me for over 25 years. I know I'm an odd case--but I CONTINUALLY had all my claims denied by the VA for 25 years. I had a hearing with a VA judge on 14 Feb 2014 & my representative for that hearing was a DAV fellow up in Denver I'd never met or talked to before. He POURED over my claims & records--even working on them overnight. This man, Steve was his name--was absolutely AMAZING. I asked him if he thought the VA kept denying all my claims because I refused my ETS physical & he said YES & wondered why would I do such a thing. Well...in the last physical of my life decades ago, I went to a "demand" physical (I had no choice but to go) when I was pregnant with my daughter & the physician sexually assaulted me during the "physical." Steve explained that to the VA judge--her eyes got HUGE & he told her we're not filing on that today & will get to that later. WELL in November of the same year I started going to Comp & Pens (compensation & pension exams) and in the new year, I started winning. Started off at 30% & in 5 years, made it to 100%. I know you're frustrated with the 3 years, but the VA tends not to move quickly or very well for the most part. Here's the upside: You will get back pay! I got 7 years back pay & used the $$$ as a down payment on my ranch. So--get in touch with the DAV & let them help you. Another group of folks who helped me were at the VBA which has an office in the VA I go to in Colorado Springs. The important thing is to not give up.

As Kerry Hawkins stated, the DAV is an excellent organisation to help with your Disability claims. And the best part is they do not charge you for their help. Every DAV officer I have worked with has done everything they can to assist in so many ways, not just with my Disability claims. As far as someone from the VA saying you get no disability because you got treatment at an active duty hospital? Run from them! Report them! Doesn't matter of you were treated by the Air Force.or a civilian doctor. If you have issues that are documented in your service medical records, then you have the right to file a claim. Do go to a lawyer who will charge you for the service so many service organizations provide for free, and they do it well! There are others who provide this free service as well but I believe DAV is best. Barring that, there are also state officers and, in some cases, county officers, whose entire function is to assist veterans with their benefits (GI Bill, VA Loans, etc) at no cost to the veteran.

I'm really sorry you are learning the hard way. Go to your local DAV. They WILL happily straighten out the issues ans file all necessary forms to the correct office so you can get the benefits you EARNED. They are jot a priveledge to be taken away. You served honorably so you are entitled to them. Get them. Good luck

Possibly wasting your money, since if you win- they get a cu up front. Almost all veteran groups have advocates that are trained to chart the Map of VA requirements and it is free. American Legion, DAV are 2 of the best.

Petty Officer Peoples, there are many good resources posted. The local DAV Officer may be able to help with the paperwork and submissions for you. The VA makes their decisions off the 32 CFR Book C. If the language is in your file to support a percentage of disability, they’re likely to grant it. If not, you may need to go to your current medical provider to make sure the language is there to support your claim. I needed to hire someone to help because I wasn’t mentally in a place to deal. I ended up going with a private company that takes a portion of the back pay and handles it for you. Here is her email, she did great work for me, you can let her know I referred you and she’ll take a good look at your file and let you know. They don’t work unless they think you have a case and facilitate. Jennifer Thomas [login to see]

All the best!

LT

I was diagnosed by the VA initially for hearing loss and tinnitus. I filled out the paperwork, and attached necessary documentation to support my claim. Five months later I received notice from the VA that my claim had been approved. Now I was in the “system”. During a screening for Agent Orange the psychologist diagnosed me with PTSD. At my local VA health clinic I was interviewed by the psychiatrist, who diagnosed me with PTSD. Accordingly I submitted the claim forms and documentation to support my claim. Some months later I was notified that I had been approved for a disability rating for PTSD. At this time my PTSD was becoming worse, and my psychiatrist was worried about my workplace environment. He had been treating me with a prescription drug. Because of his concern he increased the dosage level, and during the session he typed a letter to the VA benefits office outlining his opinion, and concern regarding my outlook. I attached the letter to the new claim for my condition, and sent it to the DAV service officer for delivery to the VA. Six weeks later I received the notice from the benefits adjudicator giving me a 100% disability rating for PTSD. During all this process, several years, I completed all my paperwork, excluding official documents. No you do not need a lawyer. The DAV, VFW, and other service organizations have people who can assist you with the process. The responsibility lies with you to make sure you have all the official documentation to support your claim. Failure to not provide the documentation supporting your claim, will result in denial.

Google your State Veterans Affairs office, for example if you live in Virginia then Google Virginia Veterans Affair Office, that office will help you with filing your claim, get medical documents, etc.l

PO3 Shauneille Peoples, I'm skeptical of that being the correct interpretation of whatever the VA told you unless you have a new claims processor that is completely out of their element. The VA is required to assist in getting the government records so someone at the VA saying that they won't do it doesn't sound right. I'm not talking about how much REAL assistance they gave in getting the records, I'm just referring to someone actually telling you that "we're not going to ask for them".

Regarding the injuries, I assume you are having ongoing issues because of those injuries - if not, then there is no claim to make with the VA (I'm not saying this does apply to you - I'm just stating in case it might). For example, if you broke you leg in the Navy but it recovered fully and you had no ongoing issues (pain, limited range of motion, etc.), then there's no compensation to be made regarding your military service.

Back to the records (I assume you don't have a copy and that you already checked the box of "Navy junk" in your basement) - If the VA tried to find the records and couldn't, another possibility is that the Navy (when you separated) or the Air Force (where you were treated) screwed-up and sent your records to someplace they weren't supposed to.

You have 1987 to 1996 listed as your dates of service with the Navy which means your medical records should have been sent by them to the VA's Records Management Center (the Navy sent them there between 1994 and 2013). You can double-check with them, but it would be pretty gross negligence for the claims processor not to see your records were onsite.

If for some reason your records weren't sent there, they may (not likely, but possible) still be at Andrews AFB*. They SHOULDN'T be there as standard DoD policy is to move them to the archive spot (which at that time would still have been the VA Records Management Center) if they haven't been accessed in over five years.

As Sgt (Join to see) mentioned below (I'm partial to the DAV as well), you should never go through the VA process yourself. Veteran Service Organizations (DAV, VFW, etc.) all have VA accredited* individuals who can help with your claim and it won't cost you anything. If you DO go the lawyer route, make absolutely sure you go with one that is accredited by the VA* as ONLY accredited individuals can legally represent you to the VA (basically if they aren't accredited, you're just paying them for advice in putting together a claim).

Another place to try for your medical records is to contact the National Personnel Records Center (NPRC)* at the National Archives. The records SHOULDN'T be there, but assuming there were mistakes that occurred and those mistakes were cosmically aligned, they could have ended up there.

Again, two steps you should do - Contact a VSO for assistance (again, partial to the DAV, but any accredited one can help) and try to find the records yourself.

Good Luck!
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* VA Duty to Assist - https://www.va.gov/resources/vas-duty-to-assist/
* Andrews AFB - the 316th Medical Group runs the hospital there and would have had your records when you were treated. Contact them to see if they are still there ( [login to see] / Phone: [login to see] / Fax: [login to see] ) - https://andrews.tricare.mil/
* VA Accreditation - https://www.va.gov/disability/get-help-filing-claim/
* Search for VA accredited attorneys, claims agents, or Veterans Service Organizations (VSO) Representatives - https://www.va.gov/ogc/apps/accreditation/index.asp
* NPRC - https://www.archives.gov/veterans/military-service-records/medical-records.html

OK, let me get a bit of additional information. I assume that if you were treated at Andrews that you were still on Active Duty, is that correct? Did those surgeries correct the damage from your injuries? Do you have documentation that the injuries were service related?