Bevo

Oops, here it is. Overcame a negative C&P exam. Oct2013BVADecision.pdf

Here is the text of the decision if interested.

Checked my mail and there was the BBE confirming: service connection granted for cervical spine and bilateral shoulders. Remand on the dependent effective date. Objective ROM in cervical spine and both shoulders found. That with pain should warrant at least 10% each. The best part was reading that the c&p examiners negative opinion on service connection holds "very little probative value." It's a great day! AMC sent my file to the RO with no soc on the 31st so hopefully whatever rating they decide processes soon. The appeals I won in the last year have been processed within ten days. Almost six years ago I applied for disabilities for 8 conditions. 8 were denied. I won 7 appeals now. It's a great night! I hope to be updating this with no 0% garbage soon!!

Also- if it went from AMC to BVA that usually means AMC did not fully grant your appeal. You should get a letter from AMC explaining this with an ssoc. I'm not aware of a situation in which a file would move to BVA from AMC without an soc or ssoc. If the AMC fully grants your appeal it would move from AMC to RO with no ssoc...

What are you appealing? A rating or a service connection or something else?

Now it says dispatch to RO. Ugh. This is nerve racking!! VSO can still see allowed but nothing more. I thought with two approvals and 1 remand the Amc would rate the approvals. Maybe they did but it's just not in the system yet. No ssoc of soc.

Thanks. I sent IRIS another inquiry and they just sent me a nonsense response. I feel like they are completely useless. A lot of veterans frustration could be alleviated with the slightest bit of transparency.

Iris was wrong. Judges decision was mailed today. Sent to AMC for remand and rating on the 2 new service connections. Praying for no 0%s!!

As a few of you know, my 5 year old appeal went to "pending dispatch" at BVA last Thursday. On Friday I called my VSO rep and all he could see was that the judge "allowed" both of my claims and remanded my dependent start date. Trying to predict the next step, my previous two decided appeals show a pending dispatch at BVA and then decision and claims dispatch from AMC within 1-3 days. I put an inquiry to iris and just got a reply of my claim is still being reviewed by a judge and I'll be notified when he makes a decision. So I'm not sure who to believe. Last summer I won an appeal and had 3 remanded and it weren't from pending to sent in 1 day and I got paid 8 days later. Does anyone know what is actually happening? It should be headed to AMC for a rating and remand. After almost six years, I've lost all my much needed patience.

I went in to my old claims today to estimate time on a current one and noticed they've now added details about claims at AMC. Not a question but thought others may find it useful.

Here's the rub of it all. I was denied in 2008. Appealed, remanded in 2012. Denied by AMC in 2013. BVA approves. The AMC and RO denial reasons were I didn't have it within a year of discharge despite massive evidence they kept ignoring. NOTHING has changed about my symptoms in 2007 between 2008 and 2013. This was such a waste of time. The good thing is a lot of opportunities have arisen at my job to help veterans over the last year. And being involved in this has made me jump on those because I want to help vets. Now, the AMC will rate. Probably sooner than later based on experience. I hope they give me 10% for each at least. If they pull some 0% crap I will lose it.

I just talked to my VSO. The judge allowed both cervical spine and shoulder and remanded my effective date for dependent (they never asked for a BC then added it two years late). The remand is easy. I have a birth certificate right here ready to fedex when they send me a letter. The cervical spine should get at least 10% for ROM and the shoulder should get 10% for pain on motion like my knee did, that should move me from 30% (4 10%'s) to 50% with 5 years 9 months of back pay :). I know you never know with the VA, but another huge hurdle has been jumped.

Went to pending dispatch. God I'm praying and hoping for good news!!!

Oh and no my VSO did not make final argument. The only thing they've been useful for is to call and get info that Peggy won't give. The one time they promised to turn something in for me they forgot.

Thanks. Great info! I honestly am not even sure my VSO is aware of 38 USC 1154b. He never acts like he's heard of it.

I just spoke to BVA ombudsmen. The claim has been decided and is being typed up for the VLJs signature. I think my chiropractors statement made it in time, but I am not sure my buddy's did. If they deny me for it being not arising within a year, I don't know what to do. All the evidence points that it did. And since it occurred in combat, I am supposed to have a lenient standard.

C&P examiner said less likely than not because condition did not arise within a year (lack of service treatment records). In the records he listed, he started with my 2008 records and did not review my 2007 or 2006 records. He also ignored where the remand said "The examiner should provide reasons for the opinions that take into account the Veteran's reports of in-service injuries and symptoms and symptoms since service. The absence of supporting treatment records is not a sufficient reason, by itself, for rejecting the Veteran's reports." He did not reference my in-service injuries or symptoms once in his rationale or his statement. Since then, my chiropractor who has treated me since 2007 sent a letter in saying he saw me with these same symptoms since 2007 and that those symptoms conform to the current diagnoses. The only reason they could deny me is if they say I have had a different condition from 2008 to now as I did in 2006 and 2007 with the exact same symptoms. Not close to... exact same. OR if they say I complained about my upper back, neck and shoulder instead of saying splenius cervicis and levator scapula.... which are just the muscles there. I could see this also being remanded for another opinion, but hope for a grant. They granted my lumbar spine from the same incidents without an etiology opinion on record.

Thanks. I was hoping there was a statute! Maybe mine can make it at CVC if the VLJ denies me! I think you are right that the previous remand wording is in my favor... just sitting here while the VLJ reviews it is taking a toll on my sanity!

I have a chiropractor saying he saw me in 2007 with the same symptoms and wrote a letter saying the symptoms he saw me for in 2007 and from 2009-2011 conform to the current diagnoses - we not even talking about the 19's here…I was complaining of symptoms as soon as I got home, and have had a pretty thorough continuity of symptomology. They are saying my diagnoses for my current condition was not made until 2008, 16 months after discharge even though I had been complaining of the same symptoms the entire time. They already service connected lumbar spine based on the same incident. The remand even said " The Veteran has provided competent reports that these disabilities began after carrying heavy loads while participating in combat missions as well as being hit by an explosion in Iraq. Treatment records in June 2007, less than a year after his discharge from service, document complaints of upper back pain, shoulder pain and left knee pain." If they can just change the name of the diagnoses and deny for that, I don't know how anyone could ever get benefits. Just change the name of the issue.

Example: claim for cervical spine 2006 PDHA says muscle pain, 2007 chiro shows same symptoms as now, 2007 VA called it chronic pain, 2008 ortho called it cervical brachial syndrome and cervical pain, 2013 va comp calls it cervicis splenius syndrome and myofascial pain sybdrome. Symptoms = pain, slightly limited rom. Shoulder is pretty similar situation.

Another question. I talked to my VSO and got some discouragement. Here is the basic story: 2006 discharge, PDHA claim of symptoms get 1 diagnose, 2007 see chiro and va, same symptoms, new diagnoses, 2008 private ortho sand symptoms, new diagnoses. 2013 c&p same symptoms, new diagnoses. Denied because condition did not arise within a year of discharge. C&p and AMC both failed to include pre-2008 records of resumes in-service injuries and symptoms occurred as spelled out in remand. So I'm feelingpretty confident at vlj and my VSO says he could still deny me because the diagnoses is different even though it's the same body part and symptoms. If that's true, it seems va could just change the diagnoses and say its new. Is there any case law or statute to prevent that? Or is my VSO correct? Of resumes = or presume.

In the evidence previously discussed in my current appeal - VA records from the Dallas VAMC, there are two positive TBI screens (with memory loss, headaches, insomnia, irritability listed as symptoms). If they don't add that to my claim, I was thinking of filing for it. If I get it, I was hoping I could file a NOD on the effective date back to my original filing date for the spine injuries saying they should have added this. Also, all my spine issues mention my arm going numb and following asleep but I just learned what radiculopathy is. I was considering filing for that and doing the same with that as well.

I'm not sure how to word it but I thought I saw a BVA case that said the judge had a duty to assist of they see in your record that you have other sc disabilities... Did I dream this or is it true and does anyone know where the reg is?

Its likely those appeals could stop because now the va is already saying they will have to furlough more workers at about mid month. Most people agree the shutdown won't last past the 17th-when the government can no longer borrow any money, even though the government won't default until the 24th. SNAP (food stamps) will run out by the 1st. There's no way they'll let that happen either (imagine tons of poor people lose good stamps at once). I'm doing a lot of work at the state level to make up lost federal money and my claim is at BVA (which is closed during shutdown) so I'm watching closely. I highly doubt this will go on past the 24th or even the 17th, so it's frustrating but should be over soon. I wondering what the Monday morning report will show tomorrow...

Well good news, I got in touch with an old Army buddy that was in the tank in front of me when we hit a small explosive. I told him to make sure to only report events exactly as he remembers, so the letter does not have him witnessing the event directly since he was down the road in a tank, but on the appeals for my cervical spine and shoulder (specifically the levator scapula, which to a layman is the inner area muscle that controls the shoulder), the VA has given me a diagnoses - they just denied me because they said I did not have any condition until 2008, over a year from my deployment. I am hoping the chiropractor's letter I posted above and this letter add to the evidence I already had that included "back and muscle aches" on PDHAs (nowhere to check neck), the VA appointment with back and shoulder pain within a year of discharge, and the cervical spine and muscle damage diagnoses 16 months after deployment to resolve reasonable doubt. Any thoughts of anything else I can be gathering quickly while the gov is shutdown? It is hard to track down others because as cameramen we did not stay with our unit often and were embedded with others, for me usually Marine and Army infantry units for a month or so at a time. This is the draft he sent. He said he is signing and mailing it to me so I guess I will get it Monday or Tuesday and fax it to BVA immediately and hope they pick it up off the fax when they get back to work whenever that may be. Here it is: To whom it may concern My name is XXXX XXXX, I served in Operation Iraqi Freedom between August 2005 to August 2006. My unit, XXXX was assigned to XXXX in Baghdad, Iraq. As I recall in late September or early October Sgt. xxxx and myself were assigned to complete missions and operations with the x/xxBattalion, xx ID, working out of FOB Rustimaya. During one mission both Sgt. xxxx and myself were assigned to go out on a route clearing mission in two Abrams tanks. This mission entailed clearing a major MSR. I was in the lead tank with the OIC and sgt xxx was assigned to the second tank. While on our way back to FOB Rustimaya the OIC in the lead tank observed an obstacle on the MSR and relayed the information to the second tank. The obstacle as I observed it appeared to be a stack of abandoned tires. Shortly thereafter the commander of the second tank called in and stated that he needed to complete an outside inspection of the vehicle. After the inspection was completed we were able to make it back to FOB Rustimaya without any assistance. Immediately after the mission Sgt. xxxx was complaining about hurting himself during that particular event. I asked what had happened when they passed that obstacle. He stated that he heard a loud noise and the vehicle itself made a jerking motion. He then went on to say that he had fallen into the tank from where he was positioned, and landed on his back. He also stated that a fire extinguisher had gone off automatically. During the rest of our tour in Iraq, Sgt. xxxx and I sometimes spoke about that particular mission and he always mentioned that his back bothered him and he believed it was from the fall he took. If you need more information feel free to call (xxx) xxx-xxxx. Xxxxx xxxxx