My disability claim from the Army was denied. What should I do now?

by admin on August 15, 2010

I put in for a claim on my back from some injuries I received in the Army. However, they denied it the first time and now I have appealed it and they denied it again.
When I was in Iraq and Germany I received some injuries to my back, and ankles. Now that I have put in for a claim, they turned me down twice. They are going to allow me to appeal it again, but what should I do this time to fight it again?
It is all documented in the Army in Germany and Iraq.
I carried an M249 machine gun and did a lot of walking with heavy packs. I was also a truck driver and riding in them trucks hurt my back to. Then I fell off of a trailer onto the ground. I hurt my back from all that stuff. But the X-rays did not show any damage to my back or ankles or any thing. But my back and ankles hurt like hell.
I want to get some compensating for them.
What should I do now to continue the fight to get compensation?
My Mos was 88M (Truck Driver)
My last unit was 109th Transportation, Mannheim, Germany. Coleman Bks.
If it gets approved some day, will they give me back pay from the day I first filed it?

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{ 5 comments }

sgtpepper August 15, 2010 at 9:51 am

Contact the Disabled Veterans of America (DAV) they will review your case and represent you without charge if your claim is valid.

oldmarine08 August 15, 2010 at 9:51 am

appeal it again and again

tickled blue August 15, 2010 at 9:51 am

through the VA?? Get a lawyer.

jamie t August 15, 2010 at 9:51 am

go talk to the va…and you should have the documents from germany and iraq in your med recs or your 201 file….i have all document on injuries and was compensated but sustained gsw..so situation is different..but talk to va and they are suppose to help u with all that..what ur mos and ill c if i can find out something

usafcmycloud August 15, 2010 at 9:51 am

I’m going to assume you mean that your claim has been denied through the VA, not the Army?

Since you’ve applied once, appealed, and now appealing again, your claim will go to the Board of Veterans Appeals in Washington DC. You can choose to file for your appeal to be heard at your local Regional Office with a Travel Board. It’s your choice as to what you want to do. The difference is: The BVA in Wash. DC takes your file, not you to review the information and make a determination. The Travel Board is a person from Wash. DC that meets with you face-to-face and you can give them your side of the claim.

You NEED two things to get service-connection: 1) An injury or illness started or aggravated by active duty service, 2) That injury or illness to still bother you. The thing most people are concerned with, however, is the rating. A 0% rating is a good thing…because you’ve answered the first two questions for service-connection and the VA agreed the problem stems from service. However, it just means that the issue is not bad enough to actually pay you for it.

If you received a 0% rating, you were not denied. Instead of continuing an appeal, you need to request an increase in your rating.

If you can do me a favor please do this: Read the LAST letter the VA sent you that said it was denied. And post what the reason was. Was it "no medical documentation," "no diagnosis," "no current disability" or what? If you can tell me this I’ll be able to help you more.

Added: The VA pays to the "effective date" meaning, if you don’t currently have a diagnosis and then get one and then it gets service-connected then it’s to the date the diagnosis is give. Most do go back to the date of claim, but it’s not a guarantee.

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