Question:

Is there a legal way to ensure 38 CFR 4.116 is fair and equitable for women Veterans? I believe Veterans' Affairs is not following the provisions of 38 CFR 4.25. Any advice how to approach this issue will be greatly appreciated. 

Jim's Reply:

Sure there's a legal way to force VA to follow the rules. Whenever a claim is denied, we appeal. If they aren't playing by the rules, we force them to in front of the BVA or the CAVC. There is a stepwise legal process in place just as with any other similar process.
 

The other way is through your Congressional Representatives and the various committees that serve veterans interests. They will all have staff who are specialized in working with vets and they'll listen to your concerns and ideas. This is long-haul change the rules stuff, not for the timid. But this is how we make the laws, regulations and rules that our government (and the rest of us) live by. It's said that you don't want to get involved with and have to see sausage making and the promulgation of federal laws. Both are gruesome processes.
 

But...back to an appeal...it sounds as if you have been associated with a claim that was either denied or lowballed and you disagree with whatever you're hearing from VA. If I'm correct and there has been a denial of a claim, the only path forward is a formal appeal. The paperwork must be completed before anyone will pay attention to whatever you have going on.
 

If I'm correct you should file an appeal as soon as it's practical to do so. Explain the concerns you have in detail and then wait for the result. Good luck!