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Board Hearing Aug. 17 2016

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wjdenney

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Take Berta's advice.  The 5 P's works, when other stuff doesnt.  Proper Preperation Prevents Poor Performance.  I love Berta's advice about the colored files, so you can quickly find the answer and not guess.  For example, you may need to color the most recent C and P exam "green", and highlight the nexus in your notes.  So, if the BVA asks, then you can cite the doctors report, not go on and on about your opinion of what the doc said.  

However, if you had an adverse exam, that one may be in the "red" file, so that you can show how the green exam refuted the red file.  

Remember, less is more, sometimes.  Dont answer questions they dont ask.  They WONT have a (VA lawyer) present to try to mess you up..its an ex parte system, which means you are asking for benefits, and no one in VA is supposed to be opposing you.  The idea is its like suing your neighbor for money.  When he fails to show up for court, you win by default, because everything you say is accepted in absence of your opponents rebuttal.  

You are not supposed to have an "opponent" and, at the very least, VA makes it appear that way at BVA hearings.  The judge is at least going to pretend he is on your side.  But, make no mistake, they will be looking for you to say things that are inconsistent with the facts, and they will nail you on that.    But they wont have an attorney up there calling you on the stand trying to "trip you up" with perplexing questions.  

The most important thing is to be honest.  You will get caught in a lie.  Dont even think about exaggerating symptoms, carrying a cane when you dont need one, and the like.  Dont be your own worst enemy by talking too much.    Listen more, talk less.  Be confident the doc says you deserve it, and, when asked a question dont feel bad about saying..."gee, Im not a doctor and I dont know about that."  Or, "hey, I dont have a law degree, you will have to ask your lawyers about that one."    

      Judges love to put down "know it alls" that think they know how to judge.  Dont be an armchair quarterback and suggest conclusions...he is going to do it his way regardless.  

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I was thinking too that when we know we have good evidence and already have a Battle award (from the VA, as comp as you do) our Confidence should kick in and that alone can give us an advantage.

When I went one to one with the General Counsel- VA long ago (wrongful death FTCA) I had extreme confidence in my evidence and my medical research and I feel it made it easy for me to deal with them in DC.

Not that they didn't fight me, but it was a fight they could not possibly win.

Personally I think the VA lawyers at BVA and the OGC are superb and one of the nicest things the OGC lawyer said to me was 'Berta, you are too tough'.

I was but I also was nice too and we actually talked a little about Title 38 and claims in general because they knew more than my RO did about 38 USC and they gave me a tip to pass on to any potential FTCAers who are here.

As much as I gripe about VA, there are people at VA who truly do their jobs well (many who are vets) and do care about other veterans.

Broncovet, I used those little colored yard sale stickers on much of my claims issues for years and then bought a packet of legal Evidence Tabs at amazon.com

but actually the yard sale stickers work better to associate stuff if you use the same colors on a Evidence list.

The hearing will usually solely focus on the decision the hearing is for.

if they made any VCAA error in the initial denial ,now is the time to bring that up but they have been doing better in that respect. 

The VCAA 2000 letters caused multiple remands in the past but now it is just the 5103 waiver.

I think I used the yard sale stickers for my IMO cover letter for my DMII death claim as well.They come in bright colors and also pastels.I have never had a yard sale and bought them only for identifying all the good stuff my RO likes to ignore.

 

 

 

 

 

 

Edited by Berta
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I bet your going to do fine wjdenney! Lots of great information here.

I wanted to ask you this, if your already at 100%or over with SMC's

why are you taking a chance on a 10% rating? (except for a long waited EED?)

I would be thinking they may look back at all your other S.C. rated disabilities and find something that they may come up as a proposal to  reduce in those disabilities?

jmo

.............................Buck

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Good afternoon, Ms. Berta, I wish I had you on my side! You are very knowledgeable.  Do you think it would be helpful to get a letter from my VA podiatrist about my continuous treatment and future surgeries?  I had multiple surgeries on my right foot in the Air Force, I was then medically discharged because of the issues with both feet.  I just want the fair rating for my condition and I don't think 10% is it.  Thank you.

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It could certainly help. The opinion in the letter should be based on a copy of the ratings schedule for the foot disability , what you get as % now, and why your disability should fall into a high percentage rating.

You could look over our Read First before Getting an IMO topic to make sure the opinion covers the important parts of the criteria and the key wording "as likely as not" with a full medical rationale for the higher rating..

Foot issues can have long term affects on the back,knees, and hips.I assume your podiatrist (I have one too) is also a surgeon? If so or even if not ,  make sure VA is aware of all of his credentials (just in case you get a C & P exam from a gynecologist , or dermatologist, or someone else not having  any expertise on foot issues):wacko:

You made Many good points about the claims process  in your other post I just read.

 

 

 

 

 

 

 

 

 

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wjdenney:

 

Over the years, I have briefed a lot of government and civil officials and have done pretty well but my service related injuries now  have slowed me down. I'm not a fan of many lawyers myself but I know that they do have their place and can improve your chances of winning significantly--but at a cost. As you know, most of it is how you present yourself and your confidence in the evidence that you are presenting. Also, it's good to get advice from many other people (which you are already doing) that have been thru the process so you can draw from those experiences. Certainly, different vets will have many different contentions and circumstances, but I would imagine that the boards operate much the same way? Mainly, keep in mind that they are people just like you and they see vets all of the time. Present yourself as having strong facts and remember that the whole process is about the board determining your credibility with relation to your evidence. Also, I usually would practice presenting the facts in a very concise manner by myself and would then ask someone else and do it over and over until i would feel comfortable.  Also, make sure that you know all of the proper regulations that pertain to your contentions-inside and out. I've had high blood pressure every since my assignment to Kuwait when I was exposed to ecoli poisoning. Despite providing over a 20 year study of my own blood pressure during the C&P  that clearly shows my BP was very high and should have been rated 20%, I was only given a 0% rating. Later, I then submitted a claim for cardiac heart valve regurgitation  problems that was on my medical records and they took a long time to rate me 10% for hypertensive heart disease. Also, just about everything that I wrote on the pre-CP Exam regarding chest pains and fatigue was never entered into the final CP but would have made a big difference. So, if you've got a good DBQ or IME/IMO that shows your BP ratings being high and meeting the rating criteria, you should be fine. I'm surprised that his was not resolved at the NOD level already?

 

Good Luck and Godspeed Rootbeer22

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