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linehanpc, Lawyer
Category: Military Law
Satisfied Customers: 53
Experience:  In good standing with CAVC, US Federal Circuit Court of Appeals
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i have a question concerning the VA and my disability rating.

Customer Question

i have a question concerning the VA and my disability rating. i went to a medical exam with a VA doctor and while i was there the doctor veiwed my claim but only one of the three, when i asked if he was going to look at the pains in my back and shin splints he told me that they would schedual a seperate appointment for that. the next thing i know i get a letter in the mail saying that the claim was denied and that the main claim would give me 0% because the only thing he had seen was that my scars dont hurt me and the cyst is gone, but the doctor never submitted the issues that bother me on a daily basis. anywyas i am wondering if i could get some help on this issue to try and increase my disability rating and get what i deserve??
Submitted: 8 years ago.
Category: Military Law
Expert:  linehanpc replied 8 years ago.
Your situation is not that simple. It appears you may have multiple complaints of injury/illness that may or may not be service connected. There are issues of whether you meet basic entitlement requirement. There are issues of whether or not the VA fulfilled its duties to provide all due notices in your claim, the duty to make reasonable efforts to obtain all records in your claim, the duty to consider all issue in your claim. There are issues of whether you have met appeal deadlines. There are issues of representation: whether or not you may be able to retain attorney representation depends upon what was filed in your case and when. You are very likely entitled to benefits, but your case would need to be throughly reviewed and evaluated first.
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Customer: replied 8 years ago.
ok i understand, now what do i need to proceed further in throughly reveiwing everything
Expert:  linehanpc replied 8 years ago.
You will first need to obtain a complete copy fo your claims file; either by personally going to the VA office and making a copy or by requesting a copy through a Privacy Act claim using a va form 3288. Once received, then that file needs to be reviewed to determine what can or cannot be done for you and if representation is feasible. As noted depending on what has been filed by what dates in your claim will be a factor in determining whether or not you can even have legal representation. If you would like to contact me directly please feel free to do so.

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