I’ve been trying to appeal my VA disability decision, but attorneys keep rejecting my case. I don’t understand why this is happening. Could it be because I’m close to the deadline or something with my discharge? I’ve got a general discharge under honorable conditions, and I’m trying to increase my 40% disability rating. Any advice on what to do or how to figure this out?
It might be the timing. If you’re close to the one-year deadline to file a Notice of Disagreement, some attorneys may not want to rush into it.
Reeve said:
It might be the timing. If you’re close to the one-year deadline to file a Notice of Disagreement, some attorneys may not want to rush into it.
Oh, I didn’t realize timing could be such a big deal. Do you know when the clock starts—when I get the letter or when I file?
Reeve said:
It might be the timing. If you’re close to the one-year deadline to file a Notice of Disagreement, some attorneys may not want to rush into it.
It starts from the date on the VA decision letter. So, if you got it in May, you’ve got until next May to file.
Reeve said:
It might be the timing. If you’re close to the one-year deadline to file a Notice of Disagreement, some attorneys may not want to rush into it.
Got it, thanks! I’ll double-check the date on my letter to be sure.
Attorneys can be picky about cases if there’s a potential complication, like the general discharge thing. Have you looked into contacting a Veterans Service Officer (VSO)?
Corey said:
Attorneys can be picky about cases if there’s a potential complication, like the general discharge thing. Have you looked into contacting a Veterans Service Officer (VSO)?
Not yet, but I’m considering it. Do VSOs handle appeals as well as attorneys do?
Corey said:
Attorneys can be picky about cases if there’s a potential complication, like the general discharge thing. Have you looked into contacting a Veterans Service Officer (VSO)?
Yeah, VSOs can be great for appeals and don’t charge fees. They’re experienced with VA processes. Give it a shot!
If the general discharge is due to a failed drug test, that could make it harder to find an attorney. You’ll want to focus on showing rehab efforts and your service record.
Ellington said:
If the general discharge is due to a failed drug test, that could make it harder to find an attorney. You’ll want to focus on showing rehab efforts and your service record.
Yeah, it was for a failed test. Do you think that would affect my disability appeal too?
Ellington said:
If the general discharge is due to a failed drug test, that could make it harder to find an attorney. You’ll want to focus on showing rehab efforts and your service record.
Not directly, but it could make attorneys more hesitant. For your appeal, just focus on the disability details and strong evidence.
Have you thought about filing for PTSD along with anxiety? You might be able to get a higher rating that way.
Francis said:
Have you thought about filing for PTSD along with anxiety? You might be able to get a higher rating that way.
I didn’t know I could file both. Would I need separate evidence for PTSD?
Francis said:
Have you thought about filing for PTSD along with anxiety? You might be able to get a higher rating that way.
Yeah, you’d need specific evidence, like medical records or statements linking PTSD to your service. Worth checking out though!
Try looking for a local attorney through sites like lawyers.com or avvo.com. Local attorneys might be more familiar with VA cases in your area.
Denim said:
Try looking for a local attorney through sites like lawyers.com or avvo.com. Local attorneys might be more familiar with VA cases in your area.
Thanks! Do you think a local attorney is better than just sticking with a VSO?
Denim said:
Try looking for a local attorney through sites like lawyers.com or avvo.com. Local attorneys might be more familiar with VA cases in your area.
Depends on your case. Attorneys can be more aggressive, but VSOs are free and know the VA system inside out. Maybe try both?