Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Bva appeal

Rate this question


Drillserg63

Question

had bva hearing for a appeal. For a appeal from 2011. With 2 positive nexus letters and one negative. Lawyer asked judge if there was anything else that we could provide to substantiate the claim. He said no. The judge said I was a credible witness and that I had very significant evidence. Appeal is for hypertensive heart disease secondary to service connected hypertension. When the c&p Dr changed my diagnosis to valve disease and the dro denied. My private Dr since has provided a nexus letter saying I do have hhd and it is more likely than not related to hypertension. I even sent the dro my progress notes which says hhd without heart failure and an icd code. He put in the SOC that is not a diagnosis. My attorney told the judge this is an error on Va part. The first c&p Dr wrote in his opinion that the subsequent condition hhd is at least as likely as not related to hypertension because medically there is a pathological relationship. The diagnosis hypertension because they are the same condition just named differently. Seems the dro just found an examiner to support the denial and totally over looked my positive evidence. Heck he didn't even mention the 2 positive nexus in the soc

Link to comment
Share on other sites

Recommended Posts

  • 0

"Seems the dro just found an examiner to support the denial and totally over looked my positive evidence. Heck he didn't even mention the 2 positive nexus in the soc"

Your lawyer is a good one. That is definitely a Clear and unmistakable error,as to the lack of mention of the nexus letters.

I am concerned that this issue has cropped up here lately---it does seem to me ( and I speak from personal experience with this) that RO employees do influence the examiners.They withheld critical evidence from one C & P doc I had years ago and more recently refused to even consider a report from the Strategic health Team, at VA Central and didn't allow the examiner to see it ( or he did see it but they manipulated him)

until I filed CUE, days after the denial,  which they reversed on, as denial to award,  right away.

I cannot understand why the notable vet orgs out there do not aggressively fight over these errors and manipulations of our evidence and take a stand on this before the H VAC.

Then again vet reps get  paid whether they do a good job on a claim or not.

But lawyers have the incentive of a fee, if they succeed.

 

Link to comment
Share on other sites

  • 0

thanks mrs Berta. Yes them seem to be good at overlooking evidence. The coach even called me after i wrote the Va secretary. They had an executive order to call me. I asked the coach if they had the nexus from my private Dr. He said that he did. But wouldn't consider it. I then told him well the nuclear stress test diagnosis me with ischemia. And according to m21-1mr you are supposed to grant service connection without a nexus. He said well they are not accurate. I told him you are not a doctor. He was starting to piss me off. So I gathered myself and told him to.   Just certify my appeal. I think they were pissed because I wrote the Va secretary. We served in the same airborne unit. My case is now listed in administrative processing. So I don't know how much longer.

Link to comment
Share on other sites

  • 0

Drillserg63, I believe when the judge at your hearing said you are a credible witness, and that you had very significant evidence, that was a very good sign. Don't get discouraged. The judge will sometimes let you know which way they are leaning. I had my BVA hearing in June 2015, i had my decision on Aug 17, 2015. I was successful, and my VLJ had made similar comments at the end of the hearing, and also stated that i was credible and competent to report symptoms. Good Luck!!

Link to comment
Share on other sites

  • 0

I wrote to the VA Secretary also THIS Monday concerning my appeal, and magically my appeal was completed yesterday with everything I asked for.  I was increased from 60% to 80%.  

I can't say for sure, but I believe that the Secretary is on our side, and writing him works.  Good luck with your appeal, but sounds like you are good to go!  Keep us posted!

 

Link to comment
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
×
×
  • Create New...

Important Information

Guidelines and Terms of Use