Your Appeal is at the BVA, just no Docket # yet, right. You do have a copy of your husbands C-File? We need to see a redacted copy of the initial Denial and the "Statement of Case." What exactly is your "Evidence of Record?"
Many vet's that get caught up in the VA Appeals process, get a negative attitude, right away. They believe that there is a VA conspiracy to Deny and/or limit their Comp Benefits.
VA Raters base their Award/Denial Decisions on "Evidence of Record," if the provided Evidence doesn't substantiate the claim, you get a Denial. That's not to say Rater's don't make errors, but a conspiracy (takes more than 1 person) to Deny is hard to believe, these are mid-level VA Employees.
What does your VSO say about your Evidence regarding the linkage to CAD or Kidney Disease? Which condition is most likely the causative SC for the Secondary issue?
Could you post redacted Dr's Clinician Notes, or other Medical Evidence supporting your claim?
Andyman is correct, i ALWAYS ask that all my issues are taken care of through the VA. I refuse to even accept the Choice program even though it is available to me. My C&P was done by a VA psychologist, i was literally approved the day after. For those of us who are not yet P&T 100%, it is wise to always use the VA's system, Rating Officers really don't listen to the opinions outside of the VA anyways. Make your case stronger by always using their system to get what is Owed
To add to Ham's intel, you also would get an additional 10% added to any bilateral rating, that is, if you have a SCD involving opposing body parts, L and R side, doesn't have to be both knees, could be L knee and R ankle...how that works is like this 10% + 10%...10+9=19, bilateral factor would be 10% of that, or 1.9, added to the 19 + 20.9, or rounded to 21.
And more importantly, if you have dependents, 30% is the magic number because you get an allotment for each one, at that point.
Not sure, off the top of my head I actually can't recall either way! But I do believe any in house C&P exam should be on there, however, if it was done by a contracted provider it will not be on there. Anyone with better intel on this can speak to it.
I read the pertinent DBQ before my exam.
My examiner refused my request to properly do the testing for scars mandated on the DBQ.
Walked out and didn't measure anything!
The left side of my face is fugly due to scar deformity.
When I was active in the Army, I even asked the doctor about dermabrasion because the cystic acne scars had deformed my face, and neck..
So yessiree..I told one of his staff that he needed to come back again and finish his exam for my scars since he didn't measure any.
He strolls back in, measures only one scar on the back of my neck. That's when I said why didn't you measure these facial scars. Replied, "Nope. The rating officer will see them on photos and said RO mostly decides on photos to do ratings anyway."
I will have another C&P coming up for rhinitis in the future. If it is a bad as this last C&P, I will ask them why they aren't doing it properly? I will use their reasoning as evidence in my appeal. Too bad I can't tape record them.
It's bad when these examiners have no accountability. I mean what do you do? File a complaint? with who? File an appeal..sure and wait many years to get to see someone that will actually follow the rules and apply the law.
I'm under the impression that C&P examiners receive instructions by the ratings officers on what to test.
Are they also given instructions to keep the rating as low as possible?
Why would he want to know what my rating was before the exam began?