Jump to content
VA Disability Community via Hadit.com

 Click To Ask Your VA Claims Question 

 Click To Read Current Posts  

  Read Disability Claims Articles 
View All Forums | Chats and Other Events | Donate | Blogs | New Users |  Search  | Rules 

PoodlesHunt2

Seaman
  • Posts

    3
  • Joined

  • Last visited

About PoodlesHunt2

Previous Fields

  • Service Connected Disability
    100%
  • Branch of Service
    USAF

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

PoodlesHunt2's Achievements

  1. Hi Everyone, I'm hoping someone can chime in and help with a few points I'm trying to make to the VA. My dad is 100% service connected AO for IHD/CAD (two AMIs). We were fortunate with the CAD part but they denied secondary and thus SMC AA. I retained legal rep for appeal (DRO) for secondary connection as I am, sorry to say, too exhausted to keep fighting the VA labyrinth by myself. For the NOD, two specialists (the same one who did the original DBQs) provided "more likely than not" nexus letters with their vitaes, attached medical reports/findings, but failed to proffer treatises in support of their conclusions. I didn't press the issue of adding treatises to their letters because you can only ask for so much before you risk alienating the very people trying to help. Regardless, I'm prepared to go the IMO route if the DRO fails to grant and appeal to BVA. So my first question is this: what exactly is a good treatises? I've reviewed case files from BVA and the court often cites treatises submitted by the layperson to be either too general or too specific to be of much probative value. Okie dokie that tells me zip as I try to balance on the teeter totter. I understand the "definition" of evidence based medicine but it's application is still sketchy to me. Would anyone be willing to show me what they feel is a solid treatise with a causational link. For example X treatises was used to associate how disease A begat disease B? I'm using generalities because my particular set of circumstances is going to be much harder to prove as disease A started disease B which morphed into disease C. Second question is: I'd like to have service dates adequately reflected on his award letter as they weren't. How do I go about this? I'm assuming it must be a part of the NOD, right? I submitted my dad's last DD 214, given upon his retirement, when I filed but the award letter only lists those last 4 years: member served during PEACETIME from this date to this date in the 1980's. He served 28 years (which was reflected in the REMARKS section of the DD 214 showing reason for separation was max time in service allowed by law). So how can the words PEACETIME be used if it was AO presumptive? I'm at a loss because the dots don't connect other than someone did a cut and paste: last four years shown on DD 214 were in the 80's so voila PEACETIME becomes the association in the narrative used. Shouldn't the word COMBAT or WARTIME be there instead of the PEACETIME characterization or am I missing something? I proved he was in country with a copy of an APR that was generated while he was stationed in Vietnam for over a year. Since his original filing I have found my dad's retirement orders, along with his pre-retirement Military Personnel Center summary demonstrating he entered in the 1950's and separated in the 1980's with a TAFMS of 28 years and 24 days. It also reflects his medals from Vietnam and his exact in country service dates. I know most folks probably wouldn't care as long as they got the 100% SC rating but I do for two reasons: (1.) I'm 100% SC for Desert Shield/Desert Storm and my award states WARTIME so it irks me they used the wrong terminology for my father. And (2.) where my parents live they cannot get a VA property tax exemption unless the word COMBAT is used in the award letter as it's how the county defines eligibility. The way I see it this a clerical error on the VA's part but to correct it I have to submit it as part of the NOD, correct? I hope this came out coherently and apologize if it didn't. I pretty much spend 12-hours a night caretaking my father so my mom can rest and consequently not all neurons fire/synapse as they should most days. Thanks in advance for any suggestions, etc.
  2. Thanks GuaymasJim for pointing me in the right direction. I appreciate it.
  3. I'm new to the board and just glanced at this as I was scanning for info for my father. I'm so very sorry to hear this disease has popped up for you, glad you've got a wonderful cardiologist! Best wishes tomorrow.
×
×
  • Create New...

Important Information

Guidelines and Terms of Use