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Boxer

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Posts posted by Boxer

  1. Caregiverjc do you have a service rep? Is someone handling your husbands claim? Helping you file this stuff? From what you've written it sounds like your going this alone. You guys really need someone to help you, check out these web pages then give one of these service organizations a call:

    Vietnam Veterans of America, Inc. (VVA) Service Officer Program at https://benefitsforum.org/Rep.aspx

    Disabled American Veteran (DAV) Service Officers Program (Click on your location) http://www.dav.org/v.../NSOffices.aspx

    Veterans of Foreign Wars (VFW) Service Officer Program at http://www.vfw.org/NVS/

    The American Legion Service Officer Program at http://www.legion.or...artmentofficers

    Army Times published this article Saturday Jul 10, 2010: VA to loosen rules to get PTSD benefits. It reads in part: "Veterans diagnosed with PTSD by a VA health care professional or by someone under contract with VA no longer would have to provide proof that they had been part of a traumatic event in order to be approved for benefits. Their statements that they had experienced fear, helplessness or horror from an event in the military will be enough to make them eligible for benefits, senior VA officials said Friday." Read it all at http://www.armytimes..._rules_071010w/

    I also pulled up some links you might want to look into.

    VVA's GUIDE on PTSD at http://www.11thcavna...in/vvaguide.htm

    VA's Best Practice Manual for Posttraumatic Stress Disorder (PTSD) Compensation and Pension Examinations at http://www.avapl.org...20final%206.pdf

    Vietnam Veterans Of America at: http://www.vva.org/what_is_ptsd.html

    Self-Help Educational Packet at http://www.berkshire...ility_ptsd.html

    How to Prove your Claim for Veterans Disability due to Service-Connected PTSD at: http://www.attiglawf...laims-and-ptsd/

    How to get VA compensation for PTSD at: http://www.veteransd...mpensation.html

    The VA's National Center For PTSD at http://www.ptsd.va.gov/

    Berta, the doctors opinion and all related materials would be in his C-File, which presents a bit of a problem: they will only release it to him or his accredited representative and he is housebound. I don't believe the wife would qualify. They need a representative to handle this, post haste. I'm curious did you guys have a power of attorney or handle it yourselves? You seem pretty well versed in VA speak, and a good example of what a disable vet needs; a strong advocate willing to take on the VA.

  2. thanks Bigred122, here is some more info on it:

    What is VA Pension for veterans?

    This pension is based on the theory that the veteran served their country during a time of war and the country that they helped will now serve them by supplementing their income.

    Pension is a benefit paid to wartime veterans who have limited or no income, and who are age 65 or older, or, if under 65, who are permanently and totally disabled. Veterans who are more seriously disabled may qualify for Aid and Attendance or Housebound benefits. These are benefits that are paid in addition to the basic pension rate.

    Generally, you may be eligible if:

    you were discharged from service under conditions other than dishonorable,

    AND

    you served at least 90 days of active military service 1 day of which was during a war time period. If you entered active duty after September 7, 1980, generally you must have served at least 24 months or the full period for which called or ordered to active duty (There are exceptions to this rule),

    AND

    your countable family income is below a yearly limit set by law (The yearly limit on income is set by Congress),

    AND

    you are age 65 or older, OR, you are permanently and totally disabled, not due to your own willful misconduct

    Find out more at:

    http://www.vba.va.go...sion/vetpen.htm

    Income limits are set yearly by Congress. In 2011, it is $11,830 per year if there is no spouse or dependents, higher if there is. One is allowed to take various deductions to one’s gross income in order to meet the requirement. If the income is still too high, this then reduces the amount of the pension but does not necessarily eliminate it. There are also net worth requirements but the home is not counted as well as certain other assets.

    Often times, the Veteran may have "too much" income or too high a net worth to qualify but yet the costs of assisted living or the nursing home is impoverishing the veteran, his surviving spouse, or his children who are contributing. In these situations, asset transfer strategies may be employed in order to qualify. Unlike Medi-Caid, there is no look back period, so transfers can take place the day before application is made. Sometimes these transfers are made directly to the children and sometimes to a specially designed Trust.

    There is a dollar-for-dollar offset between the amount of the pension paid and the veteran’s household income, including retirement pension and Social Security benefits. However, there are certain types of expenses that can be deducted from the veteran’s countable income, such as unreimbursed medical expenses.

    Find out more at:

    http://www.aboutlivingtrusts.com/VA/NonServiceConnectedDisability.htm#Requirements & Characteristics

    More Info:

    http://www.education...64.104_vet.html

    http://www.avvo.com/...ce-sliced-bread

    Program Contact Information

    You can complete the application online at: http://vabenefits.vba.va.gov/vonapp/

    Follow the prompts for a new user - and create an account (this is e-benefits)

  3. JDVAC Presentation March 18, 2010

    Three elements of a successful claim:

    A. Current disability. Current hearing loss that meets or exceeds criteria in 38 CFR 3.385: Auditory threshold in any of the frequencies 500, 1000, 2000, 3000, and 4000 Hz is 40 dB HL or greater; or when the auditory thresholds for at least three of these frequencies are 26 dB HL or greater; or when speech recognition scores are less than 94%.

    B. There is a plausible circumstance or event that caused the disability during military service; and

    C. Nexusbetween the A and B.

    When is an audiology opinion needed?

    - When the record is unclear regarding the presence, severity, type, or etiology of hearing loss, the relationship of two conditions to one another, or the presence of tinnitus. This will often be the case when there is no evidence of calibrated audiometryin the record.

    Is a C-file review needed?

    - The C-file must accompany a request for an opinion. A review by regional office (RO) personnel does not substitute for a thorough review of the C-file and other pertinent evidence by the subject matter expert asked to provide an opinion.

    Tinnitus opinions:

    - If service treatment records mention a complaint of tinnitus and the veteran claims tinnitus and has current complaints of tinnitus, a medical opinion regarding possible causation is not required. Service connection can be established without an opinion about the specific cause of the tinnitus because it began in service.

    - If there is no record in the service treatment records of tinnitus, but there is a claimor complaint of tinnitus, the audiologist is asked on the examination protocol to offer an opinion about an association to hearing loss, or an event, injury, or illness in service, if it is within the scope of his or her practice.

    Example 1:

    Claimed condition: hearing loss.

    - History: Record showed normal hearing at induction and separation by whispered voice test. Veteran reports exposure in service (aircraft noise, flight deck operations). Veteran denied occupational or recreational noise exposure.

    - Requested opinion: Is it as likely as not that the claimed hearing loss was caused by military service?

    - How can I resolve this issue if there was no documented hearing loss during service?

    Duty Military Occupational Specialty (MOS) Noise Exposure Listing

    DoD-verified lists of occupational specialties and the corresponding probability of hazardous noise exposure.

    If there is no documented evidence of an in-service illness, injury, or event with which the claimed conditions could be associated, the Duty MOS Noise Exposure Listing will be considered.

    If the duty position has a Highly Probable or Moderate probability of noise exposure, exposure to such noise will be conceded for purposes of establishing the in-service event.

    If there is a current disability and exposure to hazardous noise is conceded, VSC must request a VA examination and opinion to determine if there is a medical nexus.

    Duty Postion:

    11B INFANTRYMAN: HIGHLY PROBABLE

    35N SIGNALS INTELL ANALYST: LOW

    70 AVIATION BOATSWAINS MATE: HIGHLY PROBABLE

    39 INTELLIGENCE SPECIALIST: LOW

    8 GUNNERS MATEX: HIGHLY PROBABLE

    1A1X1 Flight Engineer: HIGHLY PROBABLE

    2A3X3 Tactical Aircraft Maintenance: HIGHLY PROBABLE

    Resolving Example 1

    - Requested opinion: Is it as likely as not that the claimed hearing loss was caused by military service?

    - Chief complaint: hearing loss.

    - History: Record showed normal hearing at induction and separation by whispered voice test. Veteran reports exposure in service (aircraft noise, flight deck operations). Veteran denied occupational or recreational noise exposure.

    - Diagnosis: Exam showed mild to moderately-severe high frequency SNHL. The first element of successful claim is met.

    - Rationale: DD214 shows aircraft handler (aviation boatswains mate). MOS shows high probability of noise exposure. There is no evidence of intervening causes. Concede noise exposure. It is as like as not that the diagnosed hearing loss was caused by or the result of noise exposure during active military service.

    Example 2:

    Reporting Tinnitus

    a. Is there a claim for tinnitus (yes/no)

    b. Is there a current complaint of tinnitus (yes/no)? If yes answer the following questions whether or not the condition is claimed.

    The examiner must specifically inquire about tinnitus if it is a claimed condition, whether or not is a current complaint. If there is a current complaint of tinnitus, the examiner must answer the additional tinnitus questions, whether or not the condition is claimed.The Regional Office will return any exam where the claimed condition was not addressed.

    c. Date and circumstances of onset.

    d. Whether it is unilateral or bilateral. Current complaints only.

    e. Whether it is constant or recurrent (intermittent). Current complaints only.

    f. If recurrent (intermittent), indicate the frequency and duration of tinnitus episodes. Current complaints only.

    g. If there is a claim and no current complaint, the audiologist must:

    - State when Veteran last experienced tinnitus.

    - Describe the tinnitus experienced at that time.

    - Describe Intervening course between onset and last episode, e.g. how frequently in a year does the Veteran experience tinnitus.

    Resolving Example 2:

    Requested opinion: Is it as likely as not that the claimed tinnitus was caused by military service?

    - Chief complaint: Tinnitus.

    - History: Documented noise exposure in service (machine gun fire, artillery, combat). Whispered voice tests normal, no calibrated audiometry. Veteran reported onset of tinnitus 5-10 years ago. Described as intermittent, occurring once a month.

    - Diagnosis: progressive mild to moderate SNHL

    - Rationale: The tinnitus issue must be addressed by considering hearing loss. There is documented combat and a current hearing loss. Having conceded service-connected hearing loss, it is as likely as not that tinnitus is related to the hearing loss.

    Example 3:

    Claimed condition: Tinnitus.

    - History:No report or treatment of tinnitus during service. Hearing was normal at separation. Veteran reported onset of tinnitus 5-10 years ago. Described as intermittent, occurring once a month, lasting for a few minutes per episode.

    - Requested opinion: Is it as likely as not that the claimed tinnitus was caused by military service?

    - How can I resolve this issue?

    Tinnitus Etiology

    The purpose of this question is to assist VBA in evaluating the nature of tinnitus and its association to hearing loss since hearing loss is the most common factor associated with tinnitus. If any of the following, VSC will determine whether further non-audiological examination is needed, based on their review of all evidence of record.

    -There is no hearing loss present; or

    -Audiologist determines that it is as likely as not that tinnitus is associated with another medical condition; or

    -Etiology of tinnitus cannot be determined on the basis of available information without resorting to speculation.

    -Each of the situations requires a clinical rationale.

    Example: Tinnitus not associated with hearing loss.

    IS TINNITUS AS LIKELY AS NOT A SYMPTOM ASSOCIATED WITH THE HEARING LOSS? No, it is as likely as not that tinnitus is associated with another medical condition

    **************************************************************************

    IN THIS CASE, IT WILL BE UP TO THE REGIONAL OFFICE TO DETERMINE, BASED

    ON ALL THE EVIDENCE OF RECORD, WHETHER FURTHER NON-AUDIOLOGICAL EXAMINATION IS NEEDED TO DETERMINE THE ETIOLOGY OF TINNITUS.

    **************************************************************************

    This is controversial.

    Some sites feel that it is VHA’s responsibility to address all exam issues before the exam leaves the station.

    Other sites will close the exam when an audiologist cannot address the issue and refer it back to VSC for further development.

    Current policy is that if tinnitus is not related to hearing loss, or there is no hearing loss, it will be up to VSC to make a determination, based on all the evidence of record, as to whether or not the etiology of tinnitus requires further assessment by one or more additional examinations.

    Resolving Example 3:

    Requested opinion: Is it as likely as not that the claimed tinnitus was caused by military service?

    - Chief complaint: Tinnitus.

    - History:No report or treatment of tinnitus during service. Hearing was normal at separation. Veteran reported onset of tinnitus 5-10 years ago. Described as intermittent, occurring once a month, lasting for a few minutes per episode.

    - Diagnosis:Normal hearing

    - Rationale:Since hearing is normal, tinnitus cannot be related to hearing loss. Now what?

    If there are other plausible medical conditions, C&P Office refers to other examiners (e.g. TBI, mental health, neurology, general medical, pharmacy); or Close the case and send back to VSC for further development

    Hensley v. Brown

    - Service connection for hearing loss may be established in some cases even if hearing loss first met the requirements of 38 CFR 3.385 after service.

    - Significant changes in hearing thresholds: When audiometric test results at a Veteran's separation from service do not meet the regulatory requirements for establishing a "disability" at that time, he or she may nevertheless establish service connection for a current hearing disability by submitting evidence that the current disability is causally related to service.

    - Aggravation of pre-existing hearing loss: Court noted that clear and unmistakable evidence is required to rebut a finding of service aggravation when there is an increase in disability during service and independent medical evidence or a quote from recognized medical treatises is needed to provide adequate support for a medical conclusion that worsening is attributed to natural progression.

    - An opinion would be needed if the rater is unsure whether changes in hearing thresholds are significant; or changes in pre-existing hearing loss are aggravation or represent natural progression.

    Example 4:

    Claimed condition: Hearing loss.

    - History: 1997 enlistment exam indicated normal hearing. Separation exam in 2001 showed normal hearing. VSC concedes noise exposure on basis of MOS.

    - Requested opinion: Is it as likely as not the claimed hearing loss was caused by or the result of military service?

    - How do I resolve this issue?

    Implications of Hensley

    - If there is no hearing loss manifest at separation, the audiologist must then review service records for significant changes in hearing thresholds.

    - There is no regulation that defines when a change in hearing is significant or constitutes an increase in disability.

    - If there is a change in pre-existing hearing loss between entrance and separation, an opinion will be required.

    - The audiologist will be asked to assess the significance of any changes in level of hearing in service, and to provide an opinion as to whether they represent normal variability in audiometric measurement, normal progression of hearing loss, or are indicative of worsening due to the circumstances of service.

    Significant Changes in Hearing

    If requested to do so by VSC, review changes in hearing thresholds even when hearing is normal at separation.

    Examples of significant changes in hearing:

    –Verified permanent threshold shift (HCP)

    –Changes greater than 10 dB (Coles et al. 2000)

    –Pattern of threshold changes that indicate a discernable noise ?notch

    •McBride and Williams (2001)

    •Narrow (one frequency at deepest point) notches: at least 15 dB in depth

    •Wide notches (more than one frequency at deepest point): at least 20 dB in depth with at least 10 dB recovery at the high end

    •IOM found that noise notches are more commonly centered at 6000 Hz.

    Resolving Example 4

    - Requested opinion: Is it as likely as not the claimed hearing loss was caused by or the result of military service?

    - Chief complaint: Hearing loss.

    - History: 1997 enlistment exam indicated normal hearing. Separation exam in 2001 showed normal hearing. VSC concedes noise exposure on basis of MOS.

    - Diagnosis: mild to moderate high frequency SNHL

    - Rationale: Hearing was normal at induction and separation. There were no significant changes in hearing thresholds based on periodic physical exams and monitoring in hearing conservation program. Since there were no significant changes in hearing thresholds greater than normal variability, it is less likely as not the current hearing loss was caused by or the result of noise exposure.

    Jones v. Shinseki:

    In a VA audiology examination, the examiner, in addressing the etiology of the veteran’s left ear hearing loss stated there was insufficient information to resolve the etiology and onset of the left ear hearing loss without resorting to speculation. The examiner considered the veteran’s report of tinnitus, noting a report of symptoms beginning in 1965; however, he stated during a 2001 VA examination that he had tinnitus as long as he could remember.

    The examiner stated that with two different accounts of onset, it would be impossible to resolve the etiology of the tinnitus without resort to speculation; however, the left ear hearing loss and tinnitus were more likely than not related to one or more common factors. The veteran argued before the Court that VA had not fulfilled its duty to assist in providing a medical examination when the examination report fails to proffer an opinion on the etiology of a disability.

    Example 5:

    Claimed condition: tinnitus.

    - History:1997 enlistment exam indicated normal hearing. Separation exam in 2000 indicated no hearing loss. No record of tinnitus in service. VA exam (2007) indicated mild high frequency SNHL. Veteran reported bilateral, recurrent tinnitus that began during deployment, occurs twice a year lasting 5 minutes each episode. Veteran has diagnosed PTSD and hypertension.

    - Requested opinion: Is it as likely as not that diagnosed tinnitus was caused by hearing loss or another condition?

    - How can I resolve this issue?

    Implications of Jones

    - Inability to come to an conclusion provides neither positive nor negative support for service connection. Therefore, it is not pertinent evidence, one way or the other, regarding service connection. The exam is not inadequate simply because the examiner could not reach a conclusion without speculation.

    - VA may only rely upon a medical examiner’s conclusion that an etiology opinion would be speculative if the examiner explained the basis for such an opinion.

    - Therefore, the examiner must specifically explain why an opinion cannot be provided without resort to speculation.

    - In other words, the speculation clause cannot be used as a shortcut to avoid discussion of difficult issues, which was the basis of the Court's concern.

    - You can use the speculation clause with reasonable justification in cases where:

    -Evidence is insufficient to make even reasonable inferences;

    -Issue cannot be determined from current scientific or medical knowledge that a specific in-service injury or disease can possibly cause the claimed condition, or

    -Actual cause cannot be selected from multiple potential causes.

    - You should not, however, use this option when there is evidence in the record on which to make reasonable inferences. Such inferences are not speculation.

    Resolving Example 5:

    - Requested opinion: Is it as likely as not that diagnosed tinnitus was caused by hearing loss or another condition?

    - Chief complaint: tinnitus.

    - History:1997 enlistment exam indicated normal hearing, separation exam in 2000 showed normal hearing. No significant changes in hearing thresholds. No record of tinnitus in service. VA exam (2007) indicated mild high frequency SNHL. Veteran reported bilateral, recurrent tinnitus that began during deployment, occurs twice a year lasting 5 minutes each episode. Veteran has diagnosed PTSD and hypertension.

    - Rationale:This a case where speculation could be invoked on the grounds that there are multiple plausible causes. Audiologist is not qualified to diagnosis PTSD or hypertension but is qualified to opine on scientifically documented association between tinnitus and medical conditions.

    Presumption

    - Sensorineural hearing loss may be service-connected as a presumptive condition under 38 CFR 3.309(a) because it is an organic disease of the nervous system.

    - Presumption means that hearing loss is diagnosed to a compensable degree (10% or greater) within 12 months of discharge not withstanding there is no evidence in the record of hearing loss.

    - Tinnitus may not be service-connected as a presumptive condition under 38 CFR 3.309(a) because it is a subjective symptom rather than an organic disease of the nervous system.

    Carlie I stand corrected wink.png

  4. Were you aware that he can receive non service connected catastrophic disability from the VA on the basis of his having served one day in a period of war, just for applying for it? I think they are paying at the 60% level with no dependents which is about $ 967.00 a month. My brother in law (another Marine wink.png) come down with multiple myaloma, didn't know where to turn so they called me. We got got the paperwork together and filed the claim, he was dead within a year but damm it he died with his VA benefits.

  5. Carlie, John999 and Dolphin25

    I'm kind of wondering why, instead of this talk of contacting a lawyer you don't call your service organization, you do have a power of attorney don't you? The DAV has represented me for the last 13 years, for free. I'm not trying to sell their services but I started this without a clue and now I'm pretty well versed in VA speak. (and I'm 60%) I have a claim in Washington, that, if not resolved to my satisfaction will go to the Court Of Appeals and they will represent me there too. In Fort Snelling up here all the service organizations are located in the same building as the Saint Paul Regional Office, hell they eat lunch together. That's the kinda representation I want, not only to know what I need to be successful in my claim but as to know the people who make the decisions on a local level.

  6. If your granted 0% service connection for hearing loss put in for Tinnitus, you'll it granted because it's presumed with hearing loss. They changed that law a couple years ago. The VA pulled the same shell game with me about hearing tests, which is pretty laughable because I'm totally deaf in one ear. Here's what you do, go to your RO and get copies of everything in your C-File, hearing tests the whole shit and shabang. You had a induction physical and a discharge physical, it's in your C-File, Compare the before and after, They granted you 0% and I'll bet without a hearing test, because you have demonstrable hearing loss. Now compare your hearing today with your induction hearing test, that's your total compensable hearing loss, If you find any discrepancy, and if your hearing is so bad that you need hearing aids, you will, fire off a NOD pointing out the error, Don't wait for it to go to Washington so they can remand it, Your C-File is your best friend get copies of it. As i said they pulled that on me, so I went and got the test results myself and compared them like I told you to do, I got new decision about three weeks later granting me %10 for hearing loss because of a Clear and Unmistakable error.

  7. beautygirlsmom, I aways wondered who took care of squids when they went home (I'm a Marine) seriously though, you need a Veterans Service Organization commonly referred to as your "Power Of Attorney" a BVA Field Rep is the last person I would look to for anything, The VA is looking out for their best interests, not yours, in more that one dressing down of a VA attorney in Washington by a sitting judge, the VA has admitted to purposely delaying any action on a claim it the hopes that the veteran will give up.

    When I refer to "Power Of Attorney" I don't mean anything but the power to speak for you, to stand between you and the BVA. Simply put, you need to have a paper trail, when you tell the DRO that you gave some documents to a field rep and it should be there and the field rep denies it who they gonna believe? File his DD214 with them, give them everything you got , you need options and they can point you in the right direction. I have Disabled American Veterans as my POA, there's others and you really need to find one - today!

    OK first things first, the VA is NOT on your side. Never has been. Never will be. Second document everything, every phone call and keep everything the VA sends you, the VA is doing it and you need to for your records. Do not tell the VA anything but the bare minimum, you have an adversarial relationship with the BVA, anything you say or write can and will be used against you. Third this is not going to happen overnight, nothing happens overnight at the BVA. To give the VA (Hospital) credit where it's due, when they decide your service connected, damm it they take good care of you.

    I'm not sure what you meant by PTSD support group, but up here in Minnesota theres a 13 week inpatient program you can go through and get everything documented, the VA lives on paperwork, beat them to the punch and look in to it. And this perhaps my most important point: You are his advocate, it's up to you to get this done. My old lady lived and breathed the status of my claims for the first couple years, When I would piss and moan nobody listened, when she got on the phone people listened and things got done. I wish you and yours the best.

  8. I would recommend making an appointment with your regular VA doctor. Tell him your depressed and anxious over your hearing loss and it seems to be getting worse, he will put in a consult to Audiology, up here in Minneapolis everything goes through your primary doctor, don't make difference what it is unless your bleeding to death, then they tell you to call 911. And for gods sake don't tell him you've tried on your own to make an appointment - that would just muddy the dark and mysterious VA waters.

  9. Dolphin25 I'm going to put in my 2 cents worth, I just found this website today and from what I've read it's the VA we all know and love. First the C&P examiners words are the Holy Grail at the VA, nothing else and I mean nothing else matters as much as his findings and with a 100% rating you've dealt with them before. That the DRO appeared unsympathetic is really of no consequence because the C&P exam provided a qualified medical opinion that you have increased disability. Thats what (Increase) and (New) are about. After a C&P exam that supports your claim (and this one did), the next step for the RO is to determine the level of disability and assign a rating, it's complex and it takes time. I'm not clear what your question is because:

    1) The regional office has to make a determination before you can appeal it

    2) The reason you had another exam is so the RO can issue a decision BASED on the most current C&P.

  10. slough52 If it is at all possible get Social Security Disability first, if you get VA disability first it counts dollar for dollar against SSDI. If your VA income is now greater than something like $659 or whatever their paying for SSDI, you will get deigned because of the income guidelines. If you have enough work credits you can apply for your regular Social Security benefits though.

  11. usmcgirl it's been my experience that the DRO only considers evidence that is physically attached to the claim itself, a word of caution to others who might read this, get the records yourself and attach them to you claim! The DRO's read a lot of C-Files yours is one of many, they WILL NOT dig through a mountain of sh** The best way to get them information you want considered is to write a "Statement In Support Of Claim" (VA form 21-4138) attach any records you have and hand deliver it to your Regional Office.

    It is really too early in the claims process the get excited about what evidence they will consider, you did your part now the VA has to do theirs. Yes it's a frustrating process, If they do not grant your claim outright that's OK because theres a long road ahead. First a denial letter, then you file a NOD (Notice of Disagreement) then you get a "Statement Of The Case" thats what you really want because it explains the rational for their decision, then you file another "Statement In Support Of Claim" requesting a "De Novo Review" and a personal hearing because you want this decided at the local level, then go prepared to present your case, if it goes to the BVA it will be years before it ever comes up.

    You must of had a C&P get a copy of it, then pick it a part, I had a claim go to Washington and get remanded because my Statement In Support Of Claim made a fool out of the VA doctor. (I got a 50% rating out of it on reexamination) If theres evidence refuting his assessment point it out it in your statement, make sure to reference any evidence they overlooked. Keep at it and good luck. wink.png

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