Camp lejeune appeal hearing

[marinevet61]

On Thursday oct. 6 got a call from Louisville. The person wanted to know when would be a good time to set a date and time for a hearing. They wanted to know if I wanted formal or informal hearing by phone. He said informal DRO can make immediate decision and informal would take 2-3 months. Got another call today time and date was set. 

I requested informal hearing. This hearing is on an appeal for Camp Lejeune from 2014. I hope I made the right decision requesting informal hearing. In the initial phone 

Call the person talked briefly about some of the evidence that they had and I brought up the Nexus letter from my oncologist. She stated that the word could was used by

My oncologist. I felt that she was trying to tell me that the word could is not very strong. The dictionary defines "could" (To show a possibility.) Can anyone comment on 

this? My original claim was rated and denied by an SME. I found out that the SME is only a PCP.( Primary Care Physician) who is not an expert in oncology. As I have never

Been through a DRO hearing I am asking for any advice as to what to expect. 

Thanks to all of you 

 

 

 

 

 

 

 

 

 

 

 

[Berta]

If the RO ignores probative evidence....meaning significant evidence such as an IMO/IME,or an SSDI award etc etc., even entries in an SMR that were important but overlooked.....and never considers it nor lists it on the Statement of the Case, they have committed a CUE.

A CUE is a legal error and we have considerable info on this in our CUE forum.

It sure doesn't happen  to every vet or their survivors but it happened to me for every single claim I filed after my husband died.  I had sent VA a critical autopsy and toxicology report that they ignored many times

when my husband died and even removed the autopsy (which they sure had received) from the files that they had to send to the General Counsel- I had a wrongful death claim pending- and I didnt even know VA Central -OGC didnt have it until I spoke to their top cardiologist..who screamed into the phone WHAT AUTOPSY!!!! Both she and a C & P doctor were furious that the RO had withheld this critical evidence from them. How could they possibly give an adequate opinion?The House Veterans Affairs Committee,in their record for the Shreddergate hearings, has copies of 53 USPS tracking slips from me of 53 submissions of evidence to my RO that they completely ignored,until I fought back.

Many here like me are hardcore VA claimants and this is a War of the Words on a paper battlefield.

Evidence is all that matters. I do not believe your IMO/IME is strong enough but you can't scan it and attach it here,like the denial. I hope I am wrong. But I also have been around the VA block for over 20 years. You might succeed under Relative Equipoise, when they weight the evidence, but in my opinion they kick Blind Justice (I mean the statue) in the knee so that the scales she holds ,tip in their favor.

Others will chime in.

 

 

It is hard to interpret this, because it is possible that somehow they did have all of your evidence and you mentioned they (VA) knew the IMO contained the word " could."

"The SME did this on February 13 but my evidence was not uploaded into the system until

February 19. So my question to them is how can this be fair to the veteran if a decision is made without

Reviewing ALL of the evidence and how can they do this without notifying the veteran."

It Isn't Fair at all and against our rights within 38 USC. They hope veterans will not learn what regulations control their claims so that they can easily deny.

I do feel that only a strong IMO can turn the tide for you...but hopefully others will chime in.

 

 

[Berta]

Just to add...we did have a Camp LeJeune bad water winner here sometime ago and also this case was awarded by the BVA:

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp14/Files5/1437266.txt

The veteran had IMO/IMEs that fully combated the VA negative opinions.

[Gastone]

Could you post a redacted copy of your Denial Letter?

Semper Fi

[mos1833]

berta , insen't there a presumption list to help with this type of exposure claim.

[Gastone]

1863, go to the BVA.gov Home page. Do search for Camp Lejeune Water Presumptives.

Below should be the 09/09/16 VA discussion on the Presumptives.

Semper Fi

Camp Lejeune Water Supply VA to provide presumptive service connection for related diseases - VA Connecticut Healthcare System.htm

[Berta]

MOS I am not aware of any actual presumptives yet.

This is the latest info I have:

http://www.militarytimes.com/articles/va-issues-interim-camp-lejeune-rule

from this past September and Tbird posted this in October 2016:

http://wnct.com/2016/10/06/camp-lejeune-veterans-exposed-to-toxic-water-inch-closer-to-receiving-va-benefits/

and the info Gastone posted here...I am unable to read it, net problems, inside a cloud...

 

Edited October 18, 2016 by Berta