Jim,
My Dad is a Vietnam Veteran, honorably discharged in 1967. Ever since he came home from Vietnam he has had problems with anger issues, nightmares, flashbacks and all the other symptoms associated with PTSD, as well as, skin irritations, hypertension and colon disease (diverticulitis) due to exposure to Agent Orange. He had no idea he had PTSD. He avoided going to psychologist fearing someone would label him "crazy". It wasn't until my husband and my sister deployed to Iraq that my Dad realized there was something wrong. My sister returned from Iraq and he noticed they shared symptoms. She encouraged him to seek help and he finally did.
My Mom (his ex-wife now), tried for years to get my Dad to file a claim with the VA but he never did. My sisters and I finally convinced him and we have been going through this since 2007-2008.
In all VA fashion, his original claim was denied for PTSD & Hypertension. We helped our Dad submit an appeal. My sisters and I have done all that was required. We have helped our Dad obtain documents, statements, fill out forms, go with him to the hearing, he has seen the VA Doctors and they have diagnosed him with PTSD...we have done and proven everything! On November 29, 2010 we received the denial of his appeal. Now I see why our Veterans get so frustrated with this system.
Needless to say, we thought we would be able to help our Dad through the Appeal to Board of Veterans Appeal and there is so much legal talk that it has become overwhelming.
We are on day 45 of the allowed 60 days. Please...is there anyone out there that could help? I don't want my Dad to give up on this.
Reply:
This case is a textbook example of why I supported the change in law that now allows qualified attorneys to assist veterans who have been denied benefits that they earned during their honorable military service.
I've referred you to a trusted attorney. You've since confirmed that the attorney is reviewing your case and that it seems likely that the lawyer will accept your dad as a client for an appeals process.
Any veteran who has been denied a disability compensation benefit by VA may seek a lawyer to help them. Lawyers will represent the veteran and advocate for the veteran to the VA. The fee for this work is always on a "contingency fee" basis. This means that the attorney will be paid a percentage of any retroactive pay that may come available when the claim is awarded. If the claim continues to be denied, there will be no fee paid.