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mrsfootball

Third Class Petty Officers
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About mrsfootball

  • Birthday 11/04/1948

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  1. my colvin vio. is the ro used his medical opinion to deny the claim over ruling my 2 imo he cannot make this because he is not qualified-doctor this is done a lot.the case is colvin vs derwiski I know the 2nd name is spelled wrong but you can find it..the dro will be with my rep and myself for the video conf.
  2. THE LAYWERS NAME IS DAVE AND STEVE BANDER-BANDER AND BANDER CONCORD MASS TELEPHONE-978-369-4242 THEY TRAVEL TO DC FOR BVA HEARINGS VERY OFTEN. THE USUAL 20%ONE TIME FEE.SOUNDS LIKE A LOT BUT WORTH EVERY PENNY.THIS IS ALL THE FIRM DOES VA STUFF.
  3. THE LETTER SAYS THE VIDEO CONF. WILL BE CODUCTED BY A MEMBERAT THE BOARDS OFFICE IN WASH.DC.YOU WILL BE LINKED USINGVIDEO CONF.METHOLOGY THROUGH VOICE AND PICTURE TRANSMISSION YOU WILL BE ABLE TO SEE AND HERE THE MEMBER ONTV MONITERAND HE OR SHE WILL BE ABLE TO SEE AND HEAR YOU JUST AS IF YOU WERE IN THE SAME LOCATION. THIS IS WHAT IT SAID IN LETTER
  4. the video-conf is for a colvin violation.my rep. said this is a text book violation.if the law judge says it was and agrees with us is it settled there or is there another stage I must wait for.thanks
  5. my attorney filed a form-9 8mo. ago to the bva.I received a letter for a video conf. dec-17. my attorney cited a colvin violation in which the ro used a lack of a cold penetration test at the time of the injury a reason for denial.my att. said he is not a doctor and cannot make a medical decision.i have 2 imo from different doctors who are xperts in cold injuries.a footnote at the time of the injury the doctor-a capt.-said I had two badly sprained ankles.this is why no test was done.this happened on dec.20 1969.i was admitted to a navel hosp.on dec 25 1969 for frostbite.i was awarded 100% dec.2014. my attorney argues the 100% should begin in 2010.i was awarded 80% in 2010 up from 40% in 2010.all the evidence is there for a 100% in 2010 same evidence.will the ro admit there mistake. thanks
  6. I went to the e-ben site 8-27-15 and checked my ab8 letter listed me 100% but benefit amount was 0. I called 800 # and wanted to know why it was 0. he stated I was listed as deceased as of 7-24.i said im alive that's why im calling.he asked me all the usual questions plus a few more.he checked and told me it was mixed up with my father a ww2 vet who died in 94.i asked him how can we be confused.he never filed a claim.he then said a computer glitch.checked fri I was listed as new claim opened 8-28 and closed 8-28.the comment was veteran very much alive resume benefits.
  7. go to eben.click documents and records the 2nd one is ab8 but click the first one also.doc and rec can be found on one of the headers at top
  8. the july 24 date is theres . I filed on mar 31. the basic colvin violation stated at the time of the injury dec-20-69- a cold penetration test was not done.at the time on the injury the doc-capt.- said I had 2 sprained ankles.dec-25-69 admitted to navel hosp. for frostbite.this is why no test was given. now 100% from frostbite.still getting worse. thanks for reply
  9. I filed a appeal-form 9- in march 2015. on a colvin violation about the va using no evidence against my 2 ime letters. july 24 2015 the va changed the appeal to a fdc. and status is under review whats this .is this common thanks
  10. the ro in Manchester denied me cts.in rating because --we concede that cts can be caused by frostbite but at the time of injury a deep cold injury test was not done.your claim must be denied.the only problem with this logic is --at the time of the injury I was diagnosed with 2 sprained ankles.dec.20-69 and wasn't admitted to the navel hosp until dec-25-69.this is all documented in service records.i hope the doc.that said I had sprained ankles isn't a doc.if you cant separate these 2 conditions you shouldn't be one.he was a capt-usa
  11. berta no bod rule was applied they based there decision on the fact no test was done at the time of injury.i was admitted for 2nd degree or even 3rd degree frostbite.the 2nd doctor opinion-different doc-the combination of cold injury and raynauds most definatly caused the cts.the frostbite sc goes back to 1969
  12. berta I just typed the va opinion "we received an opinion from ne orthopedics stating that your physician felt your cold injury,which occurred in the military,was most likely the the cause of your cts." your va exam dated 3-22-2011,showed you had a diagnosis of bilateral cts.the examiner opined that it was less likely than not your cts was a result of your cold injurys.the rational that the examiner provided was although cts can be caused by cold injuries,it is generally proportional to the depth of the cold penetration and tissue damage at the time of the injury.he noted that your service treatment rec.did not contain evidence of any treatment for cold injury to your hands while in the military.as well the records do not show the evidence of the depth of you cold injury,or tissue damage.although the medical evidence shows that you have been diag. with bilateral cts and you provided a imo we found that the medical opinion we recived from the va medical center was more persuasive than your phy.opinion because it was based on your military rec.based on the toltality of the evidence,service conn.for bilateral cps secondary to residuals of frostbite of the hands is denied because we did not find that your ser-conn disability either caused or aggravated your additional disability.of bilateral cts.as well,your claim is denied on a direct basis as there is no evidence showing that your disability neither occurred in nor was caused by your military service. I also sent a 2nd imo to them.also I stated before at the time of the injury I was diag. with two sprained ankles. five days latter admitted to navel hospital in boston.
  13. berta when my daughter gets hm I will scan and send it my argument is the va used the fact a cold injury test wasnt performed as evidence against my doctors evidence that its more likely than not the cold injury caused cts.i got a 2nd imo and he stated the same fact.
  14. berta the two letters are imo,s I will try to scan the letter i am sc for frostbite hands-feet and raynauds but not cts
  15. berta I really look forward to reading your posts.i may have posted something like this about a denial of a claim based on"at the time of the injury a test for the depth of the cold injury was not taken".at the time of the injury the army doctor said I had two sprained ankles because they were purple.five days latter while on leave was admitted for frostbite.the ro used no evidence as evidence even though I had a nexus letter and now sent another nexus letter.do you think the ro will admit mistake or send it bva for another 2yr wait
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