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1151 claim

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cattin

Question

I am compensated 10% for residuals of botched surgery (ing hernia) 1995. it recurred had surgery (2012) resulting in additional complications,was in hospital  24 days,applied for benefits was denied twice currently at remand at ro for a year. any suggestions? thanks

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Can you give us the Docket Number and Citation number of the BVA Remand?

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On 1/29/2016 at 6:41 AM, Berta said:

Can you give us the Docket Number and Citation number of the BVA Remand?

  berta; thanks for response. docket # is 13-28 632A. dont know citation # unless it is -in reply refer to (0141A1)? 

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If these cases are your remands, there is a lot to go over here:

Are you saying they still have not issued a SOC????

Has there been any movement at all on the remand, such as any C & Ps due to it?

Has your lawyer ever suggested that you obtain IMOs?

http://www.va.gov/vetapp15/Files1/1506363.txt

"As the rating decision is not final, the CUE claim as to the final issue is construed as a notice of disagreement, which is most favorable to the Veteran.  To date, the RO has not issued a statement of the case as to those claims."

And

 

http://www.va.gov/vetapp07/Files2/0711108.txt

“In this case, the Board notes that information provided on

the veteran's DD Form 214 reporting no foreign or sea service

is apparently inconsistent with service medical reports

stating that he had been transferred from Thailand and the

Philippines.  The veteran contends that information

concerning his service in Vietnam was "privileged" and he

is unwilling to provide any specific details as to when or

where he served in Vietnam.  In light of the information

placing the veteran temporarily in Thailand, the Board finds

the veteran's service personnel records should be obtained

prior to appellate review.”

 

There is a diabetes Mellitus issue as well..

Were you in Thailand and when and where and what was your MOS…has the lawyer looked into the Agent Orange DMII potential?

 

Is the DMII still pending ?

I regret I have not been able to look over these entire cases yet…and not sure if they are yours…

 

Was your MOS  Classified in service as to Vietnam?

 

If so VA can have those records declassified.

 

At least that is what DOD told my daughter when she was discharged. Her MOS was Top Secret, Classified.

 

With proof of Vietnam boots on ground service and/or proof of fitting into the Thailand Agent Orange regulations…the DMII claim should succeed.

 

I might be jumping the gun….on these BVA remands as well as your time in service.

 

 

Edited by Berta
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The Thailand AO regs are here:

http://www.publichealth.va.gov/exposures/agentorange/locations/thailand.asp

Hadit member Kurt Priessman is the first Thailand AO vet. He was directly responsible for the VA directive on AO Thailand that became a regulation.

More info here on Thailand AO vets under a search.

Edited by Berta
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53 minutes ago, Berta said:

 

If these cases are your remands, there is a lot to go over here:

Are you saying they still have not issued a SOC????

Has there been any movement at all on the remand, such as any C & Ps due to it?

Has your lawyer ever suggested that you obtain IMOs?

http://www.va.gov/vetapp15/Files1/1506363.txt

"As the rating decision is not final, the CUE claim as to the final issue is construed as a notice of disagreement, which is most favorable to the Veteran.  To date, the RO has not issued a statement of the case as to those claims."

And

 

http://www.va.gov/vetapp07/Files2/0711108.txt

“In this case, the Board notes that information provided on

the veteran's DD Form 214 reporting no foreign or sea service

is apparently inconsistent with service medical reports

stating that he had been transferred from Thailand and the

Philippines.  The veteran contends that information

concerning his service in Vietnam was "privileged" and he

is unwilling to provide any specific details as to when or

where he served in Vietnam.  In light of the information

placing the veteran temporarily in Thailand, the Board finds

the veteran's service personnel records should be obtained

prior to appellate review.”

 

There is a diabetes Mellitus issue as well..

Were you in Thailand and when and where and what was your MOS…has the lawyer looked into the Agent Orange DMII potential?

 

Is the DMII still pending ?

I regret I have not been able to look over these entire cases yet…and not sure if they are yours…

 

Was your MOS  Classified in service as to Vietnam?

 

If so VA can have those records declassified.

 

At least that is what DOD told my daughter when she was discharged. Her MOS was Top Secret, Classified.

 

With proof of Vietnam boots on ground service and/or proof of fitting into the Thailand Agent Orange regulations…the DMII claim should succeed.

 

I might be jumping the gun….on these BVA remands as well as your time in service.

 

 

berta-I am not vietnam vet,ww2 vet

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