Can the VA deny my appeal if both the VA doctor plus my C&P Doctor think it's service connected?

2019-02-02T11:50:11-05:00

Response by TSgt Private RallyPoint Member made Feb 2 at 2019 5:33 PM

2019-02-02T17:33:02-05:00

On my appeal hearing, I went in with both guns blazing. I was at Gitmo for national guard training January, 2010. While there the Haitian earthquake happened. My governor spun us up for humanitarian relief. In prep for the redeployment, they fed up antimalarial drugs. I had a reaction to on of them: it damaged my hearing. There was NO records of my taking the drugs, but I had my orders sending me there. I was initially denied the connection, but won on appeal due to my personal researching the drugs. I guess what I am saying here is: research, fight, and never give up. If you can show that the condition happened while in service, or made worse by your time in service is all you need. Remember, all doubt and ties goes to the service member.

Response by SGM Bill Frazer made Feb 3 at 2019 11:55 AM

2019-02-03T11:55:47-05:00

Hell yes, the review board pretty much does as it please's. Save their work for an appeal.

Response by SPC Chris Ison made Feb 3 at 2019 4:03 PM

2019-02-03T16:03:01-05:00

It is bad to speak in absolutes when dealing with ratings.

However, the VA is a PRESUMPTIVE disability, meaning that they are supposed to automatically assume the injury is service connected, it is up to the VA to prove otherwise, not you. Contrast that to SSA (Social Security), which was directed in the 1980's By Ronald Reagan to deny, deny, deny, to keep those "welfare bums" off the public dole. So, you can have fucking heart disease so bad you can't move out of bed, and the SSA will deny your claim the first go around.

So the easy answer is No, they shouldn't be able too. However, they denied it the first time for a reason. Therefore, you may not be giving ALL the information and as such i can not guarantee you a yes.