When do you give up in C&P - Compensation & Pension Exams, DBQ's and Appeals. Forum

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When do you give up

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dna0425	When do you give up		Lead	[-]
Posts: 84 Feb 24 12 1:14 AM	At what point do you just give up on the appeals process. I have had an appeal in since 2009. I realize that things take a while, but at what point do you just give up. It seems like they don't want to help you. I am honestly not trying to cheat the system or get things that are not wrong with me. There is nothing on my claim that I am making up, in fact there are things that are not on my claim that probably should be. I just never really know what to do with all of it. It seems like the VSO's I go to either are not really understanding me or I am not understanding them. Not to use it as an excuse but I have had my brain rattled afew times. I am really just to the point where I just want it to all be over. I have not worked since Jul of 2009 but I will just keep trying to find something and continue to make due. It just seems like it is not worth the hassle of all of this. So as I said when do you say okay it is time to say that I am done with this process?
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RLTW64		#1	[url]	[-]
Posts: 959 Feb 24 12 1:30 AM	You never give up on your VA claim or any benefits dealing with the government!!!! We have all been down that road that you are down right now including myself. I have been waiting on an appeal since 2009, but what you have to think is that it's like a savings account that just keeps building every month that goes by. Have veterans lost everything including their families over how long it takes the VA to process claims...absolutely and it sucks really bad. You have to continue your battle with the VA until the end otherwise the government will win every time you give up!!! The main thing is continue treatment and keep building your medical file to clearly state the obvious with your disabilities. Without medical documentation a claim is worthless....Hang in there my friend!!! RLTW 70% TBI 50% MDD (currently appealing) 30% Migraines 10% Lumbar strain Combined overall rating @ 90% Lifetime member of DAV since 2004
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dna0425		#2	[url]	[-]
Posts: 84 Feb 24 12 2:10 AM	I really appreciate the comment. Im sure you understand but it just seems like it never ends sometimes. I completely get what you are saying. And I do get it. It just seems like there is a point that is the end. But you are right.
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ibjammin.tunicams		#3	[url]	[-]
Posts: 363 Feb 24 12 6:22 AM	Parts of my claim are going into their 9th year. Don't let that get you down thou...mine is not the norm. To borrow from another expression...I will stop when they pry my cold dead hands off of my case! Hang in there. 20% DDD 20% Right Lumbar Radiculopathy 30% Anxiety Disorder 60% Combined
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jpapa		#4	[url]	[-]
Posts: 1954 Feb 24 12 9:06 AM	ibjammin wrote: Don't let that get you down thou...To borrow from another expression...I will stop when they pry my cold dead hands off of my case! Hang in there. Stay on the top of your meds & treaments...Stay with the ride.... Honor Bound To Defend Freedom! Retired USN 70% PTSD/ 90% SC, 100% TDIU SSDI
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cruiser		#5	[url]	[-]
Posts: 17471 Feb 24 12 9:23 AM	dna0425 wrote: It just seems like it is not worth the hassle of all of this. So as I said when do you say okay it is time to say that I am done with this process? If you've had an appeal in progress since 2009 everything on your part should be done. As soon as you filed the VA Form 9 everything from that point on is optional on your part. Just do nothing and let your appeal go to BVA. If you think that you've made your case, there is nothing for you to do so there should be no more or less "hassle" on your part whether you have a pending appeal or not. And keep in mind while you wait that the BVA is very veteran friendly. Cruiser
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greatbigblock		#6	[url]	[-]
Posts: 578 Feb 25 12 12:16 AM	Dna, If you can't work, have you filed for your SSI? The social security administration works much quicker than the VA. I do not think that you can actually give up with the VA anyway. I filed a several claims at one time while I had a claim on appeal. I got awarded 100% on that claim and they deferred one of the claims. After six months of waiting for a decision on the deferred claim, I sent the VA a letter withdrawing the deferred claim so that my appeal could move forward. Four months later (10 months post decision) I finally got a decision letter on the deferred claim. Of course the deferred claim was denied, but it held up my appeal for ten months. I filed my appeal in June 2009. Waiting wouldn't be so bad if the VA would set a maximum time limit on the different stages of claims processing. Of course, there is a backlog that we all know about and have been knowing about for at least five years now. I would seem to me by now that the VA could have come up with a procedure to assign a docket number to an appeal at the same time it receives the NOD. If the claims are worked in the order received as we have been told, a veteran could at least figure out if his claim was moving. The current method of the VA telling us that they have received our NOD and the NOD has been assigned a DRO and that we will be notified when a decision is made does nothing to make waiting any easier. Files are sometimes (hopefully not too often) lost, misplaced, misfiled or simply overlooked. I refuse to believe that they are lost, misplaced, misfiled or simply overlooked on purpose. ( I have to add that disclaimer because I may be accused of beating up on the VA.) There may be one or two lazy or inept raters out of the thousands that work for the VA and my file could be assigned to one of them. So how can I ever be assured that nothing untoward has happened to my claim. How do I determine if one, two or three years is an unreasonable time for my appeal to be decided with the information available to me from the VA via ebenefits or the toll free number. Sometimes it is like looking at a clock without hands or a compass without a needle. Without some reference point, there is no way to begin to gauge the time frame in which a claim appeal will be decided. So, as far as you giving up with the VA. YOU CAN"T! THEY WON'T LET YOU! (The last part is my futile attempt at sarcasm.) Edited 1 time by greatbigblock Feb 25 12 12:20 AM.
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CW2 Lucky		#7	[url]	[-]
Posts: 177 Feb 25 12 12:37 PM	dna0425, You "never" give up on your VA claim. If this can be of any encouragement to you, I waited "7 long years" to receive a positive decision from the BVA on my claim. It was for a condition that I had been treated for, throughout my military career, and well documented in my medical records. It was worth the hard work and wait, when I was awarded the service connection. Don't despair, continue with your claim. Best wishes. CW2 Lucky
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dna0425		#8	[url]	[-]
Posts: 84 Feb 26 12 11:27 PM	Thank you everyone for the positive reenforcement I do appreciate it. Hope will continue to be there and I will just continue to wait. Thank you for the verification that the process does work.
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WhoopAssSmitty		#9	[url]	[-]
Posts: 2837 Feb 27 12 3:00 AM	Hi DNA, You asked "when to give up?" The better question is at what point and time does your claim no longer matter to you? What I mean is, if its your claim, your benefits you're fighting for you should NEVER give up and only YOU will ever be your best advocate. Here's a few things that may help your claim and your issues and give you something to do. Do you have in your claims, supporting medical records as well as documentation from service regarding the injury, illness or accident? Do you have supporting lay person statements of knowledge of the issue that happened in service as well as what these issues cause in side effects from the time of your discharge up to current date? Do you have an "Independent Medical Opinion" from a specialist in the field of medicine concerning your issue, connecting the injury, illness or accident to your current medical issues you're still having and suffering from today? Do you have copies of all your C-file and medical records to check for it being accurate and up to date? If you've answered yes to all these questions, then you're pretty much covered as to all you can do. If not, then you need to get busy and get the missing items and or documents together and send them to the BVA and a note saying this is all of the evidence you have in support of your claim and you waive your 60day waiting period and you'd like for BVA to continue on and expedite your claim. This should help you and your claim. Once you've got all that, sit back and go fishing. Next, did you file for your SSDI? since you've not worked, is it due to your health or because you can't find work? If it's health reasons then you should file for SSDI as well. Ok, hope this bit of info helps. Regards, Whoop
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womanvet2		#10	[url]	[-]
Posts: 33 Feb 27 12 4:01 AM	DNA I have been waiting on my claim going into the 7th year. 2 remands 2 C & P's, what keeps me going is I know I was injured while on AD, I know the medical records were documented. My injures over the course of the 7 year wait continued to worsen and I finally had to file for SSDI due to my inability to work. It was approved using the same records used in my appeal. I was like you I searched for work until my disability got the best of me. So Never give up if you know in your heart the benefits you are asking for you have earned. I proudly served and have no regrets, but now I need the help that I worked for. Pick your chin up. The hurry up an wait is a lot, but the wait is better than the alternative (Still Breathing) Edited 1 time by womanvet2 Feb 27 12 4:03 AM.
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nmfxstc		#11	[url]	[-]
Posts: 25227 Feb 27 12 8:25 AM	When do you give up? Good question! The sad part about this claims process is that these 7 and 9 year waits are "acceptable", it seems. Meanwhile, the veteran endures pain and suffering, often a decline in health and ability, and altered life style that remains uncompensated. That is not acceptable (and neither should be anything beyond 24 months maximum....no excuses!) The congress needs to take action and intervene with whatever it takes to address veterans claims and disabilities and veterans need to rally and approach the congress with some sizable force...not 'accept" what is happening now. just my very angry and disappointed position on this, after serving this "grateful nation" for 27 long years! Fillean meal ar an meallaire.
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don240		#12	[url]	[-]
Posts: 222 Feb 27 12 12:59 PM	nmfxstc wrote: The congress needs to take action and intervene with whatever it takes to address veterans claims and disabilities and veterans need to rally and approach the congress with some sizable force...not 'accept" what is happening now. just my very angry and disappointed position on this, after serving this "grateful nation" for 27 long years! AMEN....But their to busy going after baseball players..
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USNDW		#13	[url]	[-]
Posts: 4378 Feb 27 12 4:33 PM	Wow, a little angst with the VA. I have had a NOD, very simple appeal, going on 2 years and it is still in development. Not sure why because they admitted only 1 month after the denial that they found the supporting evidence I had sent so there really isn't any development needed. They have VA examiners, private Docs, and the test results that show a definitive condition, and they said they do not need any other information. As of last week they said it could take several more months before the DRO reviews the file. It is unacceptable and should not be the norm. The mixed message here is that several Veterans come out and ridicule other Veterans who go to their elected officials, or ask if they should do so, for help. There are several posts that support this statement, and it isn't an attack against anyone. But we have had several posts started concerning soliciting help from Senator's and Congressman and the responses have been rude, some nasty, and many that claim this is going to prolong the claim and slow up the system. But if the Veterans do not go to these people for help, how will they know there is a problem????????????
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dna0425		#14	[url]	[-]
Posts: 84 Feb 27 12 10:24 PM	Thanks again to everyone for all of the post and help. I did have a question for WhoopAssSmitty, What is a C-file? Not to be naive but I am not exactly sure what this is. It seems that I should know what it is and get it as soon as possible. And again I appreciate all of the help. You all have made very good points and I enjoyed reading all of the posts. This site trully is a God send. Hope to here more that will help in the process and I hope not to upset anyone with any posts that I make now or in the future.
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spade		#15	[url]	[-]
Posts: 316 Feb 28 12 1:34 AM	Please don't give up, its vets like all of the above that gives me hope, although I'm new to this process, I became frustrated just trying to find out if my claim made it to the VA!!! I know thats nothing compared to what u and some of the other vets are going thru. Keep hope alive, maybe we need to have a million vet march on washington!!!!!!
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m109howitzer	give up??	#16	[url]	[-]
Posts: 3442 Feb 28 12 6:46 PM	NEVER...I had a useless vso the first time around, not his fault I guess.Now I do all filing myself, thanks to VBN. BUT the dates are still screwed up, they cant find certified mail, they have no record of me filing in 2006 for my heart. The c&p doc the second time around was the same guy who lost papers the first time. Now after ssdi and a aicd in place I was toild I should be back at work by him. Also on ssdi three years since first heart attack, that they va says im fine.I will NEVER GIVE UP.!!!
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womanvet2		#17	[url]	[-]
Posts: 33 Feb 29 12 3:29 AM	DNA Your C-File is the file that has all of your documents needed to prove your claim. It will have your medical records (some copies) it will have your DD214 if you sent it in, it will have all your information needed to show your disabilit(ies). Any C & P results, and buddy letters if you sent any, and current medical records obtain from the VA. Each document is copied and placed in your C-File. Maybe some one else can add comments if I left info out.
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Survivir		#18	[url]	[-]
Posts: 10265 Feb 29 12 3:46 AM	Survivir
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WhoopAssSmitty		#19	[url]	[-]
Posts: 2837 Feb 29 12 4:00 AM	DNA, Your "C-File" is your medical file. This is your medical records/file VA is supposed to get from the DOD (military) achieves and containing all your medical issues from your time in service. Regards, Whoop
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dna0425		#20	[url]	[-]
Posts: 84 Feb 29 12 5:26 PM	What do I have to do to get the "C-file" from the VA? Who do I request it from, and where do I request it from? Is it at my regional office? And thank you for your help in telling me exactly what it is. I appreciate the fact that everyone is helpful and not talking down. Thank you for all of your help.
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