My Claim For Smc

[NSA-Saigon-ET]

Hi all,

The DAV filed a claim for me for loss of right testicle due to agent orange exposure.

I knew it wouldn't fly but they had gone ahead anyway. Total waste of my time.

They sure are quick to jump on issues before a good analysis is performed.

This is one of the reasons I fired them!

However, I do have evidence and will change the claim during my appeal.

Just finished the summary of my appeal for upcoming local hearing.

I have attached the document and would appreciate comments.

Thanks,

-donald

Summary for local hearing of Right testicle removal.doc

[carlie]

NSA,

Has a doctor connected in writing (a nexus) of the testicle problem shown

on your exit physical, to the surgical removal of your testicle and loss of creative organ.

It could possibly be done by C&P examination, but if I had a doctor that would write it up

I think that would save you some time and help ensure a grant.

Keep in mind that you connecting the medical evidence is one thing but a doctor

will need to do it and provide the medical rationale to support their opinion.

Your pdf looks pretty good - you've done a good job.

[Berta]

"Issue was denied in the May 28, 2009 rating decision."

What was the exact wording of the denial?

Did they remove a soft tissue sarcoma type of cancer? If so that is an AO cancer.

[broncovet]

Berta and Carlie are right.

You did a good thorough job on your documentation, assuming, of course, your medical records support it. As Berta said, you need to "attack" their reasons and bases for a denial.

You can attack reasons for denial in two main ways, errors of fact or errors of law:

1. You can attack factual basis, that is, if the decision states facts that you dispute. If the RO cites a medical report, then you can obtain and IMO or IME to dispute that medical practioner's opinion.

2. You can also attack the decision for legal reasons, that is, they did not (correctly) apply the regulations.

If you are appealing at the BVA/DRO level, you can dispute facts that you consider in error.

However, CAVC appeals generally do not change factual determinations. The usually involve legal issues.

Keep in mind, if your appeal "keeps going" the higher courts generally dont allow factual disputes, and focus instead on errors of law. If you do have a factual dispute, you need to bring that up at the BVA level, and not wait until it gets to the CAVC level.