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Hucast21 posted an answer to a question,Update 2:
Just talked to a representative for my lawyer.
I was basically told my lawyer is going to write an argument letter and present it to the BVA hearing judge - citing VA rules, regulations, and other similar cases of how my claim has been unfairly rated by the RO given all of the probative evidence.
The motto of “deny, deny, deny until the veteran quits or dies” is alive and well.
It should not take a veteran to present their case before the BVA to get it right.
It is downright insulting and a spit to the face when a veteran clearly has current disabilities (that are presently being treated) that were diagnosed while in-service and documented in their SMRs.
I find it funny how my least documented disability in my SMRs (patellofemoral syndrome in both knees) was granted when I first filed my claim in 2018.
Now I know first-hand how most or some of you feel in hadit.
Hucast21 posted an answer to a question,Update:
My lawyer received the decision letter before I did. I was denied on all of my contentions, and my lawyer sent in the form to appeal to the BVA.
I find this disheartening because one of my issues (migraine headaches) are clearly documented in my SMRs and even on the separation physical exam the physician wrote “Migraine headaches (severe).”
My SMRs also showed the frequency (3-5 per month) and intensity (prostrating in nature) of the migraines with documentation of laying down or sleep was my only relief.
Sumatriptans did not help at all. After I left service, I was also diagnosed by a VA neurologist with migraine headaches.
Then I had an IME w/ IMO with a board certified specialist who provided a nexus with “at least as likely as not related to his military service” in regards to my migraines.
I just feel defeated, and my migraine headaches make me suicidal to the point I have suicidal ideation on a daily basis.
I do no understand how the VA can deny service-connection when the evidence is cut and dry.
The C&P exam for my migraines was done by an NP who incorrectly applied the VA definition for migraines and opined “veteran does not have chronic migraines. Chronic migraines are 15 migraine headaches per month or more.”
Migraine headaches are not rated that way, which to me is clearly a CUE.
I just feel so broken.
Galen Rogers posted an answer to a question,Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles.
Picked ByGalen Rogers,
broncovet posted an answer to a question,Everyone needs to read our stories so they can try to avoid these screws by the va...
Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..
Welcome to the department of Veterans Affairs! I can honestly say, "been there, done that".
Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date. (but of course).
I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!
Here is how they managed to drag mine out 18 years:
1. They never adjuticated my decison until 2009, where they called it "moot".
2. I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake. The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.
3. The VARO piddles with the remand for 3 years, and hoped I wouldnt notice. I noticed and raised cane until they adjuticated it. (denied of course).
4. Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.
5. The lawyer won a remand, got an IMO and I won tdiu in 2017. But at the wrong effective date, even after 15 years.
6. I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date. Trip 2 to CAVC.
7. Mr. Attig won a remand, and advised me to get another IMO.
8. The board awarded my earlier effective date in Feb. 2020.
So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.
ADVICE: Dont count on VA, they could easily throw your fax in the trash. Follow up!
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