Legal Question in Veterans Law in California

VA Disability

I was a National Guardsman activated for active duty I served 17 months including one year duty comabt convoys in Iraq. I have a documented injury to my shoulder in Iraq and the VA wrote they denied my claim becuse I had injured my should several years earlier. I am a Police Officer and have always passed my Physical Fitness Military exams now I cant do pushups or apply pressure and perform certain movements without severe pain. Prior to deployment I was doing everything.

What are my options, I have Blueshield to pay to fix my shoulder but why should I?

Asked on 1/19/09, 12:38 pm

2 Answers from Attorneys

Jill Mitchell-Thein Heard & Smith, LLP

Re: VA Disability

If the shoulder problem is noted on your entrance exam, you should still argue that your service injury aggravated it. They should always consider that possibility. You may need a civilian medical opinion to counter the VA's. Good luck.

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Answered on 1/21/09, 12:01 pm
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: VA Disability

You need to appeal this decision at the Board of Veterans Appeals. It sounds as though they are giving you the cold shoulder to get rid of you. Contact Paralyzed Veterans of America to assist you with your appeal.

Good luck!

Patrick Tracy

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Answered on 1/19/09, 12:46 pm

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