Ad free subscription.


This eBook will teach you how to get C-Files (paper and electronic) from the VA Regional Office.
How to Get your VA C-File




  • Topics

  • Forum Statistics

    • Total Topics
      60,088
    • Total Posts
      387,907
  • Topics

  • Posts

    • 25 Year Long Service Connected Disability Denied After C/p Exam.
      Ardodd: Re Your last paragraph... Your situation is similar to mine and what I am in a current battle with  the VA about; as far as documents go.  I have my copies, but the VA does not!!  (BUT in your case, the VA actually have them...they are just ignoring them)  After reading your post, In my humble opinion, you will prevail.   I have a copy of my claim submitted to VA in 1996 for an AO condition. VA states they do not have a copy of my claim and that they have no records of denying it. While just recently reviewing my C-File;   A VA employee made a actual notation on a "worksheet" admitting to shredding "duplicate" documents in my C-File.    They are just giving you "canned" responses and the person/persons handling you claim has no clue as to what they are actually viewing.  I filed a NOD recently with what I believe to be "concrete evidence" to support my 1996 claim.   Guess what I am doing now.....  I am in the process of preparing documents for another denial as I'm sure my NOD is on the VA Conveyer Belt in Janesville WI and "Inspector 222222" will reject it. So it will be on to a DRO review. Semper Fi
    • Pending Case Dispatch
      I would think its all good, should be any time now, if you want  you can email  BVAOmbudsman@mail.VA.Gov   And ask.
    • Did I get lowballed?
      I had my C&P Exam done in 2013. Out of my exam's, I reviewed some of the measurements the VA took on my shoulder and knees. Considering I was rated at 10% for my right shoulder and 10% each knee I feel as if i've been low balled. I reviewed the VA rating's for my conditions and based on my measurements they are far off from where my percentage should be. Does this happen commonly? I can post my results here to show. I just requested an increase and will have to do this again. But I don't see a point if I will just get low balled again. 
    • NOD - Not Always a Good Idea- Maybe a bit Risky?
      Vets: Thanks again for the wonderful advice and I've come up with a strategy. I found out that my 90% is rounded up from 85.167 based upon what I saw on my input into the calculator. Also, I have a bilateral condition that may not be added in properly when I add it into the VA Disability Calculator? So, it may be a part of a percentage point higher than this but not by much. That all said, I realized I'm further away then I thought about getting to 100%. Based upon all your advice, I've decided to proceed with the NOD. Also, I'm going to only challenge only 3 or 4 contentions instead of the 9 that I was going to do earlier. So, rather then just trying to get to the full 100% now, I'm trying to chip away and get as close as I can to the 100%.  The road to get to 100% may be longer but is a more steady approach. Frankly, If I had received my C-File and got the IMO/IME's from Dr. Ellis, it would have been different because my ammunition would have been so much stronger. The good news is that my SMRs and first disability claim strategy got me to 90%, so it does work. Unfortunately, there are lots of rules that do protect Vets like the Vet Protection Act of 2010, but their is still a "canyon" of subjectivity within the system that can work against Vets and it does. Godspeed Rootbeer22
    • 25 Year Long Service Connected Disability Denied After C/p Exam.
      The DD-214 in the remarks says ( VA Code 5099-5003 ) In line 20. I requested a full copy be mailed to me and to the VA RO in New Orleans, LA. 
    • Pending Case Dispatch
      Does anyone else know where this would be heading? Or is it just for the VLJ to sign.
    • 25 Year Long Service Connected Disability Denied After C/p Exam.
      ardodd, What does your actual medical discharge say on it, what medical DX, that is?  And there should be corroborating evidence in your SMR, since they can't well drum you out for medical without actual medical issues. I didn't notice in your posts that you said how you injured your knees to begin with.  And while you're at it, go through your SMR and put together a list of contentions to claim and get on the ball for those.  As you are well aware the VA gives NOTHING away. Even a token rating award must be hard fought with them.  I myself, am in the middle of some deep psyops with them. Semper Fi
    • 25 Year Long Service Connected Disability Denied After C/p Exam.
      Yes @Bertathat is what they give me Service Connection for. I had went on Wednesday April 1,2015 for the first C/P Exam and on Friday April 4th,2015 the RO in New Orleans called me and told me my Claim for Service Connected Disability for "Patella Femoral Syndrome" was Denied. I disagreed with him for about 30 minutes over the way they did me for so long. And that I was discharged with that disability. The reviewer told me he would call me back on Monday. And on Monday he called back and said he spoke to the examiner and had a doctor look over the C/P and got a opinion from him. Then told me that they had given 10% for both knee's. I thought well its about time they corrected all this.  Wrong. They called "Traumatic Arthritis" and only give me from May 1,2015 forward for pay. And that is why the second C/P Examiner said in her opinion that there was a clear and mistakable error in granting me Service Connection for it and should not be connected at all. I will send you a PM with a scanned copy of both C/P Exams @Berta  
    • 25 Year Long Service Connected Disability Denied After C/p Exam.
      "But in all the new examiner went out of her way to make legal statements about my claim in 1991 and then in closing she included that the RO had made a clear and mistakable error in service connecting my for Traumatic Arthritis in the first place." What was the EED for the Traumatic Arthritis? Is that what the 20% is for?
    • Foreign Medical Program
      Anyone have an experience with this program while traveling abroad?   They supposedly reimburse you if you see and pay for a doctor concerning your service connected issues.   Paul

  • HadIt.com Veteran to Veteran providing FREE information and community to veterans since 1997.

    I am proud that I've been able to offer all that HadIt.com has for free for 19 years and continue to do so. HadIt.com does accept contributions to help with costs we also offer paid ad free subscriptions. None of the paid options are required. The forum, the website, news site and podcast are free and will remain so. If you choose to support the site with a contribution or a subscription it is appreciated but never required. If you choose to make a contribution or purchase an ad free subscription, you can do so here. 

Sign in to follow this  
Followers 0
Gunner9835

Searching Bva Decisions

7 posts in this topic

I know I saw somewhere that someone listed a trick to use while searching BVA decisions off the web, like a way to target certain claims and cut out the non important info???? Anyone know what I'm talking about?

Share this post


Link to post
Share on other sites







here's a link to the bva search http://www.index.va.gov/search/va/bva.html I have created a demo movie on how to search hadit.com which may help here it is http://www.hadit.com/searching_hadit.swf

I know I saw somewhere that someone listed a trick to use while searching BVA decisions off the web, like a way to target certain claims and cut out the non important info???? Anyone know what I'm talking about?

Share this post


Link to post
Share on other sites

There are some ways to hone in on BVA decision that you need.

I had a recent situation where I was asked to help with a CAVC case but the advocate didnt have their BVA decision critical to anything I could offer as to their pending CAVC issue).I had to find it myself.

I knew the BVA decision had to be within 3 months of their CAVC docket date.So I stayed in the 2010 decisions and then searched under some key words in the CAVC docket motions.Like " High Altitude flight " and I was surprised to find I narrowed this down to 2 cases at the BVA and the first one that popped up was the one I needed.

I knew the vet's lawyer's name- another way to narrow down the list- but he was unrepresented at the BVA so that didnt help but in some cases it could help.

My former rep brought a vet to my home years ago as he was stumped with the denials the vet had gotten.The vet was trying to prove inservice diabetes with no inservice diagnosis.

They called me by cell as they thought they were lost and ended up at a diary farm but I was right down the road from the diary farm a few mnutes away.I asked the rep before he hung up-if he remembered to bring the vet's BVA decision but he had forgotten it! (I had reminded him many times!!! :wacko: )

I had a few key words to search for -Army ,1960s, venereal disease, Texas,African American,and I knew his MOS.

Bingo- I found the case just as they pulled into my driveway.

It took about a year but I helped this vet get SCed for diabetes, manifested in service.

He did have an IMO before he got here but it was awful. I wrote up a guideline for the doctor to follow along with my

lay medical assessment of what I had found in his SMRs (which were extremely difficult to read)

So between the much better IMO ,his SMRs, and some help from me- he succeeded in a case that had been in the VA system for TWELVE years and at CAVC twice.It was a lot of work and his rep was shocked when he won.

I ended up reading his BVA decision many many times.The KEY to his SC award was within the very first paragraph of the decision.One medical WORD.

I asked the vet and the rep what the word meant. They didn't have a clue and never looked it up.By this time 2 LAWYERS the vet had at the CAVC had never looked up this word.

When they left I got on the net and found what it meant.It was a documented manifestation of his diabetes inservice.

It was also listed in the Diabetes Training letter which I circled with a highlighter and submitted with his better IMO.

I could have never helped him get the valid IMO without a thorough study of his last BVA denial.

I study BVA decisions every week and sometimes every day.They have helped me in awelath of ways.Once you get the feel of the pulse of BVA and how they 'talk' and think- it helps to word a claim from the git go that will be properly decided if it ends up at the BVA.

Searching by disability at BVA shows how they use the Schedule of Ratings rgarding specific claims and how they weight the evidence.

Also BVA citations can become relevant to some claims and the veteran could use them if they are Precedent Decisions by the CAVC or OGC that could be relevant to their claim.

I found VA had violated the VCAA in my last case by finding a remand for similar lack of proper wording in another widow's claim.

Also BVA cases reflect the thinking patterns of the BVA.At times they are quite abrupt . I saw a case the other day where the veteran had claimed over 20 disabilities. He didn't have diagnosis of most of them and as the BVA indicated, the OIG was looking into a false document ( his DD 214 had been altered) that he had supplied to the VA.The BVA had continued the appeal fr remand on one isse that he really did have but it sounded to me like the veteran would not see a dime if the OIG pressed charges on him.

Anyone reading this type of BVA case is reminded well that before you help a vet one to one- best to see their DD 214 and look it over carefully.

Yo can also eliminate words like “denied” from a search you are dpiong at the BVA. Then from that list you can eliminate the word “remand” and then yo will narrow down your search to claims under your main search topic that have been awarded (or in a few cases dismissed.)

While BVA decisions are not prejudicial, they can be used in certain claims situations.

For exanmple in order to prove my CUE I refernced 4 BVA decision as to their legal aspects regarding M21-1 MR and 2 of these cases cited an OGC Pres Op that I submitted in full to stress my allegation of legal error(CUE)

Different types of claims can be searched initially by putting DIC, or Section 1151, or CUE into the BVA browser then narrowing them down.

It takes time to use the BVA web site and it can be time well spent.

One other thing-always look for the most current decision you can find for a specific search, as this will hold recent citations or even any changes in the regs or M21-1MR that could be critical info to what you are seeking.

Edited by Berta

Share this post


Link to post
Share on other sites

If you are trying to do research to support case law to support your claim, I would humbly suggest you search CAVC cases first. While this has been discussed before, CAVC cases which are "panel" (3 judges) or en banc (all the judges) are considered precedential, while BVA or "single judge" CAVC cases are non-precedential.

In other words if you have a similar situation as the claimant, the VA judge is required to rule in a similar manner in all precendial cases. However, if the case is not precedential, the judge may or may not consider how another judge ruled in a similar case.

That being said, BVA cases often cite CAVC, or even Federal cases, so BVA decisions are helpful in preparing your case as Berta has pointed out. I am not disputing what BERTA said...that BVA cases can help you learn from the get go how to word your claim...but if you want to cite a case, given a choice, you make it stronger by citing a precedential case. If there is no precedential case, then certainly cite the BVA case, or as Berta suggested, cite several.

I think some poeple here have opined that they use BVA cases and cite them in defending their positiion..and that is okay...but I do think if you cite precedential case law, you are making a stronger case in support of your position, but that is JMHO.

Edited by broncovet

Share this post


Link to post
Share on other sites

The trick that I use and that fanaticbooks put on her website is to search for the name of your condition with the phrase "is granted"

examples - YOU MUST INCLUDE THE QUOTATIONS

"PTSD is granted"

"angioedema is granted"

- This will get a high search return showing cases that were awarded. There will be some not so focused.

However, this gets a well focused search return. You can also use the "is denied" to get perspective. Hopefully this gets rid of all the remand cases.

Edited by Hoppy

Share this post


Link to post
Share on other sites

VERY GOOD advice Hoppy-

Remands tell us nothing as to the outcome.

When a claimant gets remand-in my opinion- they should try to do whatever the remand asked the RO to do-if possible.

When BVA remanded my claim for a cardiologist opinion-

I immediately got in touch with a cardio doctor and paid for an IMO.

But the remanded VA opinion came from a PA,not cardio doc, and was too speculative.(and easy for me to knock down in a rebuttal I sent to the BVA).The BVA already had 3 IMos from me.

The cardio doc had not even had time to prepare the IMO when my BVA award suddenly came and then he refunded some of the IMO fee.

I dont regret jumping the gun with the IMO money.Because I thought I would get a real cardio VA opinion. My evidence was strong yet I didn't expect any VA cardio doc to support the claim- as part of it involved a top VA cardio doc's negligence anyhow.

Other remands seeking records or SSA stuff etc- in those cases sometimes the vet can find exactly what the BVA expects the VARO to get and get it faster, and send it to the BVA themselves.

This does not work in most cases of remands but is worth a try in some.

Share this post


Link to post
Share on other sites

I went and got my Social Security records on my own and had them sent in for this reason....

VERY GOOD advice Hoppy-

Remands tell us nothing as to the outcome.

When a claimant gets remand-in my opinion- they should try to do whatever the remand asked the RO to do-if possible.

When BVA remanded my claim for a cardiologist opinion-

I immediately got in touch with a cardio doctor and paid for an IMO.

But the remanded VA opinion came from a PA,not cardio doc, and was too speculative.(and easy for me to knock down in a rebuttal I sent to the BVA).The BVA already had 3 IMos from me.

The cardio doc had not even had time to prepare the IMO when my BVA award suddenly came and then he refunded some of the IMO fee.

I dont regret jumping the gun with the IMO money.Because I thought I would get a real cardio VA opinion. My evidence was strong yet I didn't expect any VA cardio doc to support the claim- as part of it involved a top VA cardio doc's negligence anyhow.

Other remands seeking records or SSA stuff etc- in those cases sometimes the vet can find exactly what the BVA expects the VARO to get and get it faster, and send it to the BVA themselves.

This does not work in most cases of remands but is worth a try in some.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now
Sign in to follow this  
Followers 0