What is the remedy for VA violation of 38 U.S.C.; 1703 (d), (e), Clinical Appeals?

2023-01-05T12:41:22-05:00

What is the remedy for VA violation of 38 U.S.C.; 1703 (d), (e), Clinical Appeals ?

Response by SFC Casey O'Mally made Jan 5 at 2023 12:46 PM

2023-01-05T12:46:49-05:00

We're gonna need more details. With what is posted here, all I can answer is "talk to a lawyer."

Of course, even with details, that's probably still all *I* can answer, because this is not my area of expertise. But we have quite a few on here who can probably give you some good advice if they know what is going on.

Response by MSgt Private RallyPoint Member made Jan 5 at 2023 2:31 PM

2023-01-05T14:31:29-05:00

Your question is very vague with no information. After reading 38 U.S. Code 1703 I would suggest contacting an attorney if you feel you have been wronged. I will add some tags and maybe some of our JAG folks will pop in with a response.

Response by COL Randall C. made Jan 5 at 2023 2:49 PM

2023-01-05T14:49:58-05:00

In general, if you disagree with a clinical determination the process for appealing that determination is covered under VA's directive 1041*

As SFC Casey O'Mally and MSgt Private RallyPoint Member stated, without more details that's the best you're going to get.
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* Veterans Health Administration (Appeal of Clinical Decision) - https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9041

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