Sad Day ...............

[lamontino]

I called today to the BVA, they told me that my claims where denied. I dont know how this happen and its extremely upsetting. I dont have the paperwork yet. But they must didnt look at my IMO or IME or consider anything else that was of fact. Also, I found out that they wasnt even suppose to tell me anything about it until I got the mail. It was just decided yesturday. IF anyone can help me please refer to my past topic at "The Va is trying to Hoodwink me" than you all could know what happen in my case. Thanks very much all

[cowgirl]

Lamontino, for today sit down with a cup of tea or decaf and distract your self with a book, t.v. or hobby. Then when you get the letter, breathe, relax, then read it dryly; the response should be regular VA wording and rather nonpersonal. Then set the letter aside, do something else, then reread it and decide who you are going to discuss the issues with, VSO and/or hadit forum. What'ya think, sound ok with you? best wishes,cg

[Pete53]

If you disagree with the BVA decision I think that you have 60 days from date of notice to file and appeal with CVA or Court of Veterans Appeals. Looks like you will need a lawyer for this to me.

Good Luck

[Josephine]

lamontino,

When you receive your letter, first do as Cowgirl said, be easy on yourself.

If you can at all post for us the reasons and the why's.

Sometimes, you know, when you turn these cases over to a lawyer, we have a burden lifted off our shoulder.

If I receive a denial from the AMC, I will be most happy to turn mine over to one, for the VA has turned me into a worn out dishrag.

Always,

Josephine

Edited September 26, 2007 by Josephine

[Wings]

x

x

x

Hire an attorney ASAP.

[Hoppy]

Lamontino,

I always thought that the most important issue in your claim was continuity of symptoms established by treatment after dischatge. This is because there were no diagnoses that jumped off the page and slapped them in the face verified by xray, MRI etc. I do realize there were some indications of abnormality from the xrays. However I do not remember that those equated to criteria on the rating schedule. As a result they could take the stand that even though they discharged you it was done in a manner that did not establish that they agreed that you had a perminant disability. They would argue that they just did not want to take a chance with your back condition. The continuity of treatment after discharge would be used to rebut such an opinion and establish an ongoing disability.

It will be interesting to see what they say. My expectation is that the SOC will be written in a manner that just confuses the issues.

[lamontino]

Goodmorning to all,

Well, I did contact the Pro Bono Program,but they said that I need to downloading the retainer agreement. But first I need to submitt the finicial hardship as well as the notice of appeal with the U.S.C.A(those could be fax to them but the retainer has to be mail to the pro bono program).

He at the pro BOno ask "how in the heck did I know this so soon from the 26th of Sept? I told him they told my brother, I ask him to call from me to check my status. He said something about it was wrong for them to give out any information over the phone and its against BVA procedures and policys.

I dont know wheather to wait until I receive the decison from bva or just go on to the cva.They are base my claim on "reopening it" My claim for my back was allready open thru the Local regional office they grant my back claim be reopen. SO im thinking bva in that error thought that my back claim was not open. HELP!!!!!

ONce again, my chronic back pain was granted to be reopen by the VA in 2004 base on new and material evidence. So how can they(BVA) denie my back condition to be reopen now????

Than that follow of my claims as a whole, being denied. Because they are basically not reading that my back claim was already granted through my local regional office to be re-open which was secondary of my esophusitis and gasitis.

Lamontino,

I always thought that the most important issue in your claim was continuity of symptoms established by treatment after dischatge. This is because there were no diagnoses that jumped off the page and slapped them in the face verified by xray, MRI etc. I do realize there were some indications of abnormality from the xrays. However I do not remember that those equated to criteria on the rating schedule. As a result they could take the stand that even though they discharged you it was done in a manner that did not establish that they agreed that you had a perminant disability. They would argue that they just did not want to take a chance with your back condition. The continuity of treatment after discharge would be used to rebut such an opinion and establish an ongoing disability.

It will be interesting to see what they say. My expectation is that the SOC will be written in a manner that just confuses the issues.

Edited September 28, 2007 by lamontino