How can I expedite an appeal that has been at the DRO for over 310 days?

CW2 Christopher Denney — Sat, 13 Apr 2019 00:07:03 -0400

My initial claim when I retired from active duty was awarded 70%, but they rejected the injury to my face and neck (thoroughly documented in my medical and dental records). I have a metal plate and six screws and a disc in my neck). The VA stated that there was no evidence provided. Which they got everything under the sun. I received two phones calls in the last 3.5 years stating they will not pick through that mound of documents (30 years of service). They verified they had the records on the phone and I was told on the second phone call to get witness statements and fax so they will have to make the decision. I have those statements coming some guys are deployed and can still get them to me, but I am pissed and DTA (they won't give me their name from the VA) and don't no what to do (a couple of Veterans I served with are swinging by to scour my records (they were Admin). I sent my Congresswoman an email stating these facts, but I need a Veteran's opinion. Any guidance?

Response by SFC George Smith made Apr 13 at 2019 12:16 AM

SFC George Smith — Sat, 13 Apr 2019 00:16:20 -0400

Did You Not Keep A Certified Copy Of Your Medical Records When You Retired...

Response by SPC William Simmonds, Esq. made Apr 13 at 2019 7:01 AM

SPC William Simmonds, Esq. — Sat, 13 Apr 2019 07:01:45 -0400

Hey Christopher:
My name is William Simmonds. I'm a 100% SC Veteran, former VA Rater, and Veterans Lawyer. I can certainly help you.

First Question: Who the hell is your POA??? 3.5 years pending and you have no clue where your case is in the process...YOU ARE NOT GETTING SERVICE YOU DESERVE!
Second Questions: Did you opt into the RAMP appeals process? You may have some options to expedite if that is the case...

My team and I are all disabled Vets, all former VA employees, and absolutely passionate about helping Vets get the benefits they deserve. We've collectively rated hundreds of thousands of claims and are experts at navigating the system. http://www.vahelp.claims

Veterans Law Attorney | Veterans Legal Advocates | United States

We're passionate about helping America's Veterans securethe disability benefits they deserve. Founded by a Veteran, former VA employee, and attorney, Veterans Legal Advocates provides real disability benefit advocacyservices to deserving Veterans across the United States.

Response by SPC William Simmonds, Esq. made Apr 13 at 2019 7:05 AM

SPC William Simmonds, Esq. — Sat, 13 Apr 2019 07:05:36 -0400

Expedition isn't really what you want to do here. What you REALLY want to do is distill your evidence to the point of showing the DRO (whenever you get your hearing) that the VA made a clear and unmistakeable error in denying your claim. You do this and you're gonna get your backpay and win your appeal... My team and I are happy to help.

Response by 1SG Private RallyPoint Member made Apr 13 at 2019 10:11 AM

1SG Private RallyPoint Member — Sat, 13 Apr 2019 10:11:17 -0400

From a VA perspective:
Send them only what they are looking for to make this specific decision. If your records are as voluminous as you say, I can see the pertinent fact - I was injured while on active duty to this extent on this date - is overlooked.
Honestly, they can search by key word, but you can help a DRO out substantially by just identifying the parts pertinent and sending them in separately.
And I'm with you. 310 days is rediculous. I've definitely seen longer, but those cases are pretty exotic.

Response by SSgt Robert Matlock made Apr 13 at 2019 10:28 AM

SSgt Robert Matlock — Sat, 13 Apr 2019 10:28:12 -0400

For my claims I provided information specific to my claim. I have ad to restart a claim when I failed to file an appeal in the 1 year time limit, but it's better to restart than to have a claim be shelved. What has helped me is that I googled the VA regulations on my issues, and used their words to describe my condition, to insure that I per-answered every question they would have. I also got eyewitness statements from my boss, my coworkers, and my relatives. If your congresswoman is less than helpful, inquire from your Senators, they carry more weight with the VA.

Response by SGT Jerry Cox made Apr 16 at 2019 5:27 PM

SGT Jerry Cox — Tue, 16 Apr 2019 17:27:27 -0400

Good luck I have been waiting 8 years... an appeal for three years back pay on a ptsd claim.. I am 80% but they act like I got PTSD off a commode seat! Was in Nam 881 days!!! Give me a break, they are waiting for me to die!!!

Response by U.S. Department of Veterans Affairs made May 7 at 2019 2:56 PM

U.S. Department of Veterans Affairs — Tue, 07 May 2019 14:56:42 -0400

There is nothing more you can do to expedite an appeal with a DRO. A DRO is the best possible person to oversee your claim disagreement, as they are the highest performing and most experienced raters in VBA. That said, under the legacy appeals process, appeals were averaging 3-7 years for decisions. This is due to the number of pending appeals and the antiquated laws governing that process--not the amount of time it takes to work an appeal. It's why Congress and POTUS passed the Appeals Modernization Act of 2017, allowing VA to create a modern process for Veterans to disagree with the decisions that VA makes on their claims. That new process has three lanes for Veterans to choose where they would like to have their claim decision looked at. Two of the lower lanes are, right now (May 2019), averaging under 40 days; the third lane (BVA) has a 365-day goal.

Response by SFC Rose McGuire made May 8 at 2019 10:11 PM

SFC Rose McGuire — Wed, 08 May 2019 22:11:54 -0400

If they will accept wittness statements from you, why can't you fax them the evidence from your medical records. Do you have a copy of your medical records?

Response by FN Mike Coughlin made May 9 at 2019 12:13 AM

FN Mike Coughlin — Thu, 09 May 2019 00:13:27 -0400

Please do yourself a favor and get a hold of the disabled American veterans asked for it and that's all that is a national service officer there are paralegals make sure you have one assigned to you and keep her breasts on top of it. A lot of times the VA doesn't know any people don't even know about the paralegals for us that's their job. They work for us not the VA. Many people don't know this please pass that on. It helped me immensely they were awesome.

Response by FN Mike Coughlin made May 9 at 2019 12:16 AM

FN Mike Coughlin — Thu, 09 May 2019 00:16:58 -0400

I am adding additionally to my last set of comments. I realized you were at 70% and I rejecting you now. My question to you is are you working question mark obviously they will ask that question that's why I do that. I'm going to assume that you're not. You are absolutely entitled to put in for unemployability at 100%. Make sure when you go to disabled American veterans you let them put that special form in for unemployability due to your injuries. if your married make sure you get your benefits for your wife and your children also. if you are filing and eating food stamps or any state assistance give that to your NSO your national service officer once again any hardships any hardships note down. Make daily notes and also my question to you another one would be are they having you see anybody in mental health due to your injuries PTSD excetera this should all be evaluated all the time. The VA won't tell you this I'm telling you this is a disabled vet with PTSD and injuries. I'm a disabled vet at 100% and considered unemployable. due to my injury I was I was losing work eventually getting losing my will to live and almost became one of those 22 a day. They finally took me serious bro. That's still away it is so now I try to get my message best I can to brothers and sisters out there. Feel free to contact me at Mike cogs 43 @gmail sounds like your case needs some attention being paid to it.

Response by FN Mike Coughlin made May 9 at 2019 12:19 AM

FN Mike Coughlin — Thu, 09 May 2019 00:19:35 -0400

There are also attorneys out there that do VA claims. Kind of like an injury attorney out in the civil world they know how to navigate the VA might be something else to consider also if you're at your Wit's end and not into doing a lot of paperwork. I don't know how the fees work out. That scenario if you'll have to look into. I had a number for a lawyer not too long ago maybe I can find it you got my email

Response by CPL Gary Martin made May 9 at 2019 12:41 AM

CPL Gary Martin — Thu, 09 May 2019 00:41:40 -0400

Have similar issues. Was shot in back by a 203 smoke round in Ft. Hood in 76. Seen medical officer in the field. Said I had a couple of broke ribs. Plus my skin was purple from purple smoke round. Sent me to barracks for bed rest. Laid there for about a week. Then back to work in motorpool. No paper trail. Got 2 old army buddies statements plus my detailed statement. Got letter back saying not in medical records and did not happen. Big time coverup. Would look bad on military of someone shot stateside. Lucky I wasn't a Tillman. In to left would of been paralyzed. About 6 inches up would been dead. On appeal again.

Response by SFC Patrick McIntire made May 9 at 2019 6:34 AM

SFC Patrick McIntire — Thu, 09 May 2019 06:34:50 -0400

Get a lawyer like I did , Check out the with vet comp and pen medical consultants

Response by SPC Burton Burt made May 9 at 2019 7:16 AM

SPC Burton Burt — Thu, 09 May 2019 07:16:13 -0400

The process is slow, frustrating and painful at times. I submitted my claim in 2008 which was denied and appealed in 2010. In 2018the Board acknowledged my evidence (evidence found in my records) and remanded my appeal. I have heard nothing from VA since, even though the Board stated my claim should be handled “expeditiously”.

So here I am on the 11th year.... it’s almost criminal to be treated this way.

I wish you the best.

Response by SP5 Joseph Page made May 9 at 2019 9:37 AM

SP5 Joseph Page — Thu, 09 May 2019 09:37:40 -0400

Get a VA approved lawyer.

Response by SN Jerry Anthony made May 9 at 2019 11:13 AM

SN Jerry Anthony — Thu, 09 May 2019 11:13:29 -0400

I have letters from Senators that go back to 1983...none of them did anything. I've been trying to get the War time pension to a livable rate with this video .https://youtu.be/nex-p1Msebo

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Response by 1LT John Daniels made May 9 at 2019 2:31 PM

1LT John Daniels — Thu, 09 May 2019 14:31:24 -0400

I "SALUTE"! THIS CW2 FOR GETTING DOWN TO THE "NUTS AND BOLTS"! WHEREAS, THERE'S A "MAJOR PROBLEM WITH THE APPEAL PROCESS IN EVERY STATE". SOME THE CONGRESSMAN/WOMEN DOESN'T WANT TO GET THEIR HANDS.."DIRTY".
WITH VETERANS PROBLEMS ORESOLVED THE MEDICAL ISSUES/W VA. NOW, WHAT SHOULD A VET DO, TO RESOLVE THEIR ISSUES OR PROBLEMS.