Legal Question in Veterans Law in Nevada

Claim process 3 years at VARO

The VARO has been denying my case for 3 years. I have Med Records verifing a 1500 lb safe fell on me in 84, and subsequent complaints in the military (Served 78-93 (though no relief), and civ. VA Exams revealed DDD, nerve damage, and traumatic scoliosis. Civilian Spine surgeon provided a letter stating 'more than 51% probability' that safe incident in 84 caused my current problems, based on his review of military and civilian records. Treated for stress (now diagnosed by VA Psychiatrist as depression, mood disorder, and anxiety- related to safe injury) as tension increased pain. Also provided VARO with letters of witnesses (supervisors who were assisting with the safe) Currently pending BVA, and have other issues denied in 93 under consideration. (Doc in 93 said ''unless operated on, wouldn't consider numerous claims.) I have been advised (by both VA and Civ Neurosurgeons) that I need to have cervical spine fused (before I become paralyzed in an accident). I refuse to have the surgery until the VA accepts responsibility ( I've been ok since 84), as I can't afford the time off to recoup- as I have no insurance/sick or vacation leave. Any advice-the VARO keeps saying no, and my DAV rep now works for the VARO!


Asked on 10/10/07, 10:29 am

1 Answer from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Claim process 3 years at VARO

The VA looks at only the paperwork that you send them. If your claim has been denied then you need to appeal it to the Board of Veterans Appeals. The PVA is as good as the DAV if not better for appeal purposes. Contact them to see if they can assist you further. The sufficiency of the evidence that you present will determine the allowance of the claim.

Good Luck!!

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Answered on 10/10/07, 10:44 am


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