Board Hearing Aug. 17 2016

[wjdenney]

I have a Board Hearing scheduled for Aug. 17, in Washington DC, can anyone give advice on how to prepare?

Last Battle Plan !

[Inarticulate&Distorted]

Lawyer yourself the Puck Up brother. if done badly, imagine doing allllllllllllll the same crap over again, and with your research already in hand the next 2-3 years will creep by while we all slowly wither away waiting our turn in line behind you HAHAHA, Cynic i am sorry

[Gastone]

You say "It's a Simple" Hypertension issue, maybe, maybe not. Are you currently planning on attending the DC Hearing and Reping yourself? Your Appeal, your decision, good or bad, right.

The old Lawyer saying, " A lawyer that represents himself, has a Fool for a client," comes to mind.

At the very least, contact your current VSO of record, to discuss your upcoming DC Hearing. All the Major VSO's have DC based BVA Appeals Specialist that will and probably should accompany you to the Hearing. At this point, they should be your go to, for hearing info. They should have already been notified by the BVA regarding date & Time of your Hearing.

Depending on the Retro involved, you might be able to find a DC BVA Appeals attorney. A free phone consult might be worth your time. Would be very interesting, to get their Legal take on your Appeal.

Semper Fi

 

[Berta]

 

Buck stated: 

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"

Yeah, the VA wants us to live in fear.But I think they dont have the time to do that in most cases.

My last claim ( last year I think) was  a "simple hypertension" issue regarding evidence generated from my FTCA case in 1997.

 

The VA could not pay any retro (the vet, my deceased husband was already over 290% SC and "as if SC 1151)) but I wanted to file it to see what they would do about it. It was the fifth major VA malpractice incident in his lifetime.10% Rating on last rating sheet (1998)

I just wanted their admission of malpractice from the RO.

But this type of claim, in a veteran's lifetime , can often be critical if they die with even a small percentage for something that, as the report I used as evidence stated, "contributed" to the veteran's death. 

The VA again ignored my sole piece of evidence ( the report from the VACO Chief cardiologist) and I am convinced that the so called RO medical opinion was done by a non medical person.It was ridiculous.

I emailed them to CUE themselves and consider my evidence under 38 CFR 4.6.

The VACO doctor is still with the VA (since 1997) and has a list of expertise areas in her curriculum run down to include all cardio situations involving HBP, as one of her specialties.

They didnt make any BOD statement so I raised hell about that too and of course, within a very short period of time they awarded the 10% HBP under 1151, under the CUE I filed.

ANY SC disability could possibly have the potential of contributing to a veteran's death or any disability that subsequently becomes "as if SC" under Section 1151.

I think vets should claim them all regardless of whether they have 100 plus SMC or not.

Mu husband was 30% SC for PTSD in his lifetime and told me to continue his pending claims the very AM of the day he died.

Post mortem:

100% SC P & T for PTSD 1997

100% 1151 SC P & T trainscient ischemia and major stroke 2012

30% SC and

50%1151  IHD  2010

50% direct SC IHD 2010

 

No rating but numerous ancillary benefits AO DMII SC and also 1151 2009 BVA award

SMC under CUE ( both HB and 100 plus 60 are in the award letter.) 2012

10% 1151 HBP  2015

Maybe that adds up to more than I thought.

The DMII was undiagnosed and untreated by VA but the medical evidence was in the VA med recs and it contributed to his death..

I still wonder if they should have rating him with something for the DMII  when the RO got the BVA award. Maybe I will look at that decision over again.

 

 

 

 

 

Edited July 22, 2016 by Berta

[wjdenney]

I will try and make this short, and sweet so we can all understand, claim filed in 11/ 10 won all except for HBP was rated at 0%. Had IMO from Dr. Bash that discribed a 30% rating because of enlarged Heart. IMO got all claimed as secondary to Heart Deas.  Here is the issue, DRO said no evedence meeting requirement for HBP at 10 % and the enlarged Heart was covered under the Heart Deas. rating. DRO stated that no VA Doc. showing 160 or higher sense 2009, this was correct, how ever my Cardio Rehab Docs. and Private Cardio Doc Clearly show a Diasolic 103 and 101 on Cardio Rehab intake Forms , and Medical Doc Showing Addition Medication that day for HBP and have been taking ever sense.

If the case had been won for HBP, I would have been 100% 3 yrs and 1 month earlier. Claim filed in 2013 made me 100% P&T

So if I win, net gain 40 K, plus wife was in school at that time and maybe elegable for backpay on chapter 35, if they make P&T from the 11/10 file date, for another 26K, worth the risk!  plus 3 more years added to the time line of 100% for DIC, when that time comes. After 25 yrs in the fighting the VA, any planned reduction would result in an instant proliferation of paperwork and big firework. Plus another call to Dr. Bash and a good lawyer.

This fight Dyies when I Dye, however If I win I will not file anymore claims till and if I servive my next heart attach or a new life threating event can be tide too my service connected Dis.

Thanks to All for your help over the years

 

 

[Buck52]

Roger that wjdenney I wish you the best!

Ms berta as for as my spouse tort claim...it got declined by the attorney interested   he said based on what we mention in email about the malpractice there was not enough to pursue /justify  even looking/reading medical records  if no death was caused..so we just said the hell with it !

were not filling anything on how she was treated and how her health has went down hill since the VA Stopped the speciality clinics.

it seems most of the cases I read about tort claims  the veteran had died or his spouse died from neglect /malpractice by the VA.

So we certainly understand this attorney to decline our claim.

[ArNG11]

Heh Folks in a kind of related question to the topic, is there a quick way to locate your docket number is your case is at the BVA?