ArNG11

Medical evidence, verifiable in-service stressor, doctors medical nexus connecting the in service stressor to your condition. Treatment records and such.

This site and AskNod site has a plethora of information that is useful for the information you seek. It's no cake walk but very possible to be successful. JMO

Sweetness. That should give you what you need to fight the denial. With the CAVC cases I will try to find my references. The search criteria bar can narrow it down quite a bit. http://search.uscourts.cavc.gov This is where I get my references along with a copy of a 2013 VBM that I purchased. It does take some TLC research but I believe it will get you started. With your "totally new condition" presumption of soundness will apply. If your physical entrance exams don't make note of it, then you were 100% good to go, lock and loaded, machine. They can't just say it was pre-existing although they will try. If it was pre-existing then the task will be to prove that service made the condition, illness, injury worse. A doctor, preferably a specialist, will need to use medical rationale and evidence to say so.

Don't give up and don't give in. Slow is smooth, smooth is fast. As long as you have the regs, laws, and medical evidence you can prevail. The harder they fight you on the claim the more determined you should be. JMO. The laws and necessary regulations are not in a gray area, they are black and white. Remember that. Good fighting and good fortune.

Did he use medical rationale to justify the statement? Do you have contemporary records indicating treatment? Did he review your SMR's and or private medical treatment records and indicate as such? Did he make the necessary medical nexus? I'm not trying to discourage you, just that you need to have that criteria met. You have done your homework though. Those are some of the regs references I found and was informed of in my claims. There are plenty of CAVC cases that deal with this specific predicament on duty status. One thing I will warn you of, even if you were on state orders or had a pre-existing condition the matter will fall under the premise if active military status made your condition or illness worse, along with the nexus and treatment requirements. Great references by the way. Good Luck. Fight till your last breath.

Citation Nr: 1427733 Man guys this is an excellent post. It relates to my claim in so many ways. The aspects of the claim resemble familiar points in which the VA uses diagnosis and absence of evidence to deny the claim while the record does support a service connectable condition. Again the VA is trying to deny symptoms. Mind you all the pegs have to fit into their holes, but I think we will see more cases that are appealed like this and be won. The medical nexus, in service symptoms, post service treatment, a verifiable timeline of all the above. They can try to deny the facts but records and medical opinions will prove otherwise. I, myself, will continue to pursue my claim, however, I am stubborn and very argumentative so I will see what that yields.

The tittle that is listed on the orders makes a significant difference.

I have been getting the same intermittent messages this past week.

Look up his credentials. If you happen to have enough information on his or her name you can look them up. VA doctors are easier but the same can be done by outsourced C&P docs. That is how I found out an OBGYN was the one doc that either denied or approved my medical conditions to service. I kid you not for a Gulf War claim and increase on conditions. JME

Heh I used to like that game. The Parker Brother's edition not the VA's, but I can relate. I think the VA is starting to run out of ideas maybe. Maybe they are trying to recycle old tactics or something.

If the regional office is close by schedule an appointment is my suggestion. Remember that this claim is most important to you. It affects your life not the VSO's. I'm not here to bad mouth any service organization but if you don't like the representation you are getting then maybe you need to rethink your strategy a bit. The three things needed to get a claim service connected: 1 an injury or illness that happened in service documented by service medical records. 2 symptoms and documented medical treatment/history of the problem 3. A medical nexus bridging the two together using medical rationale. one note: if you had a pre existing injury or illness before service the question becomes whether it was aggravated or worsened by your service. & Still needing to meet the above three requirements.

I would say use Ebennies as sort of as small hint of a guide of what is going on in your claim. Paper, official mailings, deposits into your bank accounts, those are markers you can count on most of the time. Ebenefits will drive you mad. It is not accurate most of the time. Back a few years ago I would go just off information off the Benefits site, relying on that alone for status and information will drive you cuckoo for cocoa puffs.

This is just my take on it. The more hands and departments that handle a claim the easier it is to justify delays and mistakes. I find this almost as offensive as allowing it to happen. Mind you this is all for the "Veteran Friendly" process. JMO

I understand. Buck all that info is declassified yes? Did they have any logs/ rosters/ or anything written. that could possibly help you? Maybe periodicals or something to that effect? I don't know just trying to spark something. I hope you find something to help.

I am still surprised that the VA get's away with withholding evidence from a claimant, especially when that said evidence is favorable evidence that would change the tides of any negative evidence. I got extremely lucky one time with my C-File, however, I have noticed a pattern of delays and traps that seem to instituted by the VA yet are still allowed to happen. All records means all records. There is and should not be any confusion on this on the part of the VA. What part of ALL is mistakable for anything less. I so wish there was an accountability standard which is un-disputeable and would have severe consequences for not full filling the legal request.

Buck I am glad you got this resolved, however, it's BS that you even have to take those steps. I do feel bad even if just briefly for the situation and environment that is created by the VA, but there is a moral and ethical obligation that I believe all medical professionals should abide by. The VA's philosophy certainly isn't it. Wow. Heh regardless good for you. Just keep your eyes peeled and hopefully they won't pull that crap again.

You're going to have to wait for a decision. The decision letter will answer many of your questions. I wrote prematurely, however, no sense getting all worked up if you haven't received a decision yet. Hurry up and wait status gets underneath my skin as well. But positive thoughts. The main thing right now is service connection. Then you will have a better understanding of where to go. Good luck.

Buck if you sent that FOIA request letter, did you send it with the GREEN card, return receipt? I would send a letter reminding them of their obligations per the requirement of the law. Mention your previous requests submittal date and what the regs and law state they are obligated to comply. If you have the green card I would send a copy of that as well. Just as a gentle GET IN YOUR FACE reminder. JMO

This is just my opinion, but sounds like you have a good nexus. SMR that indicate a condition while in service, a doctor, let me correct a specialist, which has stated in his medical opinion, your illness and condition and the relationship to service. Personally I like the fact that the doc stated the denial was an error, but that's not the biggie. The doc has given you what you need to fight the denial. If worse comes to worse you may have to get a second opinion, however, make sure you file your NOD and be clear of your disagreement with the decision. Refer to the records in service, the docs medical opinion, and so forth. JMO Good luck

The deposit always take longer than it should. Especially when the Veteran has been and is in need. It will show in due time. My first retro check came as a shock. I actually received the deposit before I even received my decision. About a few days later the white envelope came with the details of the decision. The higher the amount of retro the more hands or rather signatures it takes to process. Hang in there. It won't be long. Just make sure your account numbers and all financial information is correct and going to the right account. I realize that for some old school is more comfortable than going on-line. I don't know which bank you utilize but most have online access of some sort. Even text options that inform you of deposits. Might be worth a look. JMO In any case Slick congrats on the win. Take it easy bud and again CONGRATS!

Agreed

Congrats saxman. Sweet sound of a win!

This is just my take and just my opinion so bare with me. All situations are unique but from what you wrote and just going from that I would appeal the 30%. With the social and professional difficulties that you mentioned, those are in the realm of 50-70%. Again this is just my opinion. I am basing this on my exam and results. However, please remember each claim is unique and don't know what evidence the rater is going by. Circumstances and factual history, documented history, should and would come in to play. Don't just take my word for it though. Match up your symptoms with the rating criteria and be honest with yourself. I think that may give you a better inkling of where you should be. The kicker will be to back up your assessment with a doctor's opinion stating the same. Best if it were a medical professional say like a licensed psychiatrist or psychologist who has reviewed your service medical records.

Thanks for the kind words of encouragement. Take it easy yourself.

Gastone, is that information on his website?