Jim,
I received a denial letter this past weekend, after a little over 2 years. They even denied an increase a 0% for acid reflux and related stomach concerns. I had been recommended to submit a claim for the increase in stomach issues, since it is getting worse and has gone on to create polyps on my vocal chords that has had to be removed twice. Since I had been diagnosed with severe depression, anxiety, and ptsd i submitted for that as well. Though I had never seen combat my psych Dr. feels these conditions are related to several incidences in which someone had died and I had been involved in the recovery of the track vehicles that rolled and an armed robbery that had occurred while stationed at Ft. Hood. I had also claimed bi-lateral knee and shoulder damage. I have had one knee surgery and one shoulder. Now the other side is in need of repair. I am receiving a 10% for tinnitus but was denied for hearing loss, from several years ago. They had said the hearing loss was related to my work after the military. I appealed it Nov. 2010 with extra information of about the job that I had after the military. I guess that will be denied as well. Since I received this latest denial and the rules had changed I thought that I would seek the help of a lawyer. I received the denial letter from them, saying that they would be unable to assist me with my appeal. I am assuming that they did not see enough money on the table for them, even though they showed that VA disability claims and appeals was their specialty. So whats next, do I pursue it or drop it?
Reply:
If a lawyer turns you down, it's usually because you don't appear to have enough evidence to establish a well grounded claim. It isn't only about the money. Lawyers aren't allowed to file frivolous claims. While a veteran can file any claim he wants for himself, lawyers are held to a higher standard.
The claims you tell me about don't sound well grounded. Acid reflux (GERD) is common and easy to treat. Almost all of us have some degree of acid reflux and we treat it with one of the new medicines available and it isn't a bother. The connection between GERD and vocal cord polyps is tenuous at best. If you are or were a smoker, that's a more likely cause. Vocal cord polyps are usually benign and are not disabling. Always remember that having a condition doesn't mean you're disabled by it. VA disability compensation is awarded for disabling conditions and not because there is a named condition.
The mental health problems are also not well grounded as service connected. The events you name aren't terribly uncommon and most of us who experience similar things chalk it up to life experiences. Not knowing any more about the joint injuries you claim, I can't comment. However, if you don't have good evidence that military service caused those things, they won't be rated as service connected.
I can't tell you that you should drop your claims. However, if you do pursue them I'd advise you to read more of the VAWatchdog so that you understand exactly how much evidence you'll need to prove service connection.