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capitan

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About capitan

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  1. Wish I had had a lawyer at my BVA hearing. I was denied because the American Legion rep blew it. He was asking for the wrong thing, and I didn't know it. I lost on a technicality, and not on the merit of the case. So, on to the next level I go. Thanks AL!
  2. I was denied at the BVA. I want to appeal to the USCAVC. Can somebody please help me? I have 120 days and I need to find a good lawyer. I have a very winnable case, should have won at the BVA, but the judge ruled on a technicality, and not the merit of the case. She said she was precluded to even look at the evidence. I will win at the USCAVC if I have a good attorney. Does anybody know one that is good and deals with this? I don't know if it's important to have one near where I live, but I'm in Summerville, SC.
  3. The RO granted service connection. But they made a mistake. Error they call it. Clear Unmistakable Error, or CUE. They thought my cancer was on the presumptive list for Agent Orange caused cancers. So they severed service connection. I have to pay for their mistake.
  4. Just received a BVA denial letter. I would have bet the farm it was going to be approved. What are my options? The judge stated "Reasonable minds could disagree as to the ultimate determination. However, in the context of a severance case, VA is precluded from engaging in a weighing of facts. The proper remedy for the Veteran would be initiation of a new claim, not restoration of a properly severed benefit." I thought I was making a new claim. Their decision was "The severance of service connection for squamous cell carcinoma was proper and the appeal is denied." They had granted me SC but then denied it for a CUE. Then I submitted the 3 elements of SC. The conclusion of law: "Service connection for squamous cell carcinoma (base of tongue) was properly severed, and the criteria for restoration of service connection for squamous cell carcinoma (base of tongue) have not been met." They appear to have made their decision based on weather or not the CUE was proper, not based on the new evidence contained in a direct basis, which was sufficient. I agree it was proper, they assumed my cancer was on the presumptive list. I knew it wasn't, but proved SC by direct basis. Evidently, they didn't even consider that, and of course I never got the benefit of the doubt applied. I had submitted numerous other cases, identical to mine, in which the BVA granted. Please help. I'm in shock, and don't know what to do. My American Legion rep's office is closed. I think the statement, "in the context of a severance case, VA is precluded from engaging in weighing of facts" says that by law they were not even allowed to look at the evidence, Then they say what I should do, start a new claim. I just waited 6 years and several months to get this news. Will I have to start over?
  5. I guess it is more of a comment and vent than a question. Mine is number 1. I made it clear to the judge I had met those three elements of service connection. Guess it's just a waiting game. I like your suggestion to relax. I needed that.
  6. I might have posted a similar question before. But nobody has answered me, so due to the gravity of the issue, I'm asking again. After 6 years, I finally had a BVA hearing about a month ago at the Columbia, SC RO. My American Legion rep there agreed it went well and it looks like the female judge will be granting service connection for Stage 4 agent orange caused tongue cancer. The hearing was a disappointment. The rep I thought would be there had been called away on emergency, and passed the ball to a guy who didn't seem to know much about my case. And when we got before the judge, he wasn't much help, so I had to speak for myself. Fortunately, I had some notes, and I had previously submitted a detailed letter addressed to the BVA judge. There she was in her robe on a tiny screen on a teleprompter. The sound wasn't very good, so I had to ask them to turn it up. She was short and to the point. At least her point. I asked her if she had read my letter. Her answer wasn't clear, but I took it either she would, or have her assistant read it. I communicated the main points of the letter, mainly than I had submitted the 3 elements of service connection. And that I had some serious residuals for which I was also asking for. Service connection, plus residuals, which another judge granted in a citation of a cancer case identical to mine. Like I say, she was not very talkative. But she was nice, and listened to me. She asked if I was diagnosed 6 years ago. I answered no, eight. Then she asked me if I was 75. When I answered yes, she told the rep she would "speed it up", and indicated she was in agreement to granting me service connection. Though she never actually said as such. As the rep and I left, we both agreed we thought it went well. Then he told me I would have to wait another 5 or 6 months to know for sure. So I left feeling good and bad. I wrote Senator Graham a letter telling him that after waiting 6 long years, now they want me to wait another half a year. I told him my situation worsens as time passes. I also told him I've very disappointed and discouraged about how the VA treats it's hero veterans. He wrote me back and told me he was contacting the appropriate people. Whatever that means. I am 60%. PTSD and hearing. I asked in the letter for 100% because that is what I need for the VA Dental and MUSC hyperbaric treatment and surgery issues. If I had thought to say something else to the judge, it would have been, "Some vets say the VA is just waiting for old claimants, like myself, to either give up, or die. And they don't care which. Let's prove them wrong!" All constructive comments welcome and needed. Semper Fi!
  7. After waiting 6 years I finally had my BVA Hearing. I think it went well, and it appears I will be granted service connection, even though the lady judge didn't say that outright. She did give indication she agrees with me that I have submitted the three elements of SC. Does anybody know what happens now? My VSO says it could be 5 or 6 months before I know anything. The judge asked me when I was diagnosed, and if I was 75. When I said yes, she said she was going to speed it up. I included residuals in my claim, and I don't know if she will grant them. I know judges have before. So I'm wondering what my rating will be. My VSO said to start contacting my doctors about getting residuals on my record so I won't have to have C&P exams. Any advice appreciated.
  8. I finally got a BVA hearing date, end of February. I and my VSO feel confident we have submitted sufficient evidence for service connection. I have taken the direct evidence route for stage 4 tongue cancer. AO. If anybody can help me understand what I can expect at the hearing I would greatly appreciate it. I am hoping for 100%. I'm 60 Finally a BVA hearing date. End of Feb. I have submitted what my VSO and I think is sufficient evidence for SC. Anybody know what I can expect, and if the judge has the discretion to grant percentage? Or is it automaticallly sent back to the RO for evaluation and rating?
  9. My BVA personal hearing is supposed to be coming up soon. I'm feverishly working on a final letter to add to my excellent doctor's nexus letter. Does anybody know what I should include or exclude in the letter as evidence I am trying to present to the Board? I understand the judge has the discretion to grant residuals along with service connection. So should I list all of the residuals, and include there might be more I don't know about? It's for AO tongue cancer from Vietnam. It's been six years since I filed the claim. I don't want a remand, but will that be necessary for C&P exams and rating?
  10. I believe I have met those first 3 elements. Where do I find the rating criteria? Is rating based only on symptoms and residuals? Tongue cancer treatment (radiation/chemo) weakened some teeth causing them to break off. I have been dealing with a private dentist. Not about this, but other things when my teeth were good. Should I get a statement from him for the hearing? Will the VA allow me to have him do some dental work? Assuming I am granted SC.
  11. I just received a very good nexus letter from my VA doctor which I believe will be sufficient evidence for SC for my rare form of cancer. It connects my disease to Agent Orange in Vietnam. I'm wondering how to translate that into compensation. Now, assuming I am granted SC, how is the subsequent rating conducted? Will I be remanded for exams? How do I maximize my rating and compensation? I have found citations in which residuals are granted at the time of the hearing, but don't know if I should list them. Or if I should request an outside dentist's statement from my dentist? He is familiar with my case, how that I have lost teeth due to radiation and chemo due to tongue cancer treatment. I would like for him to do some of the work as I believe he will do a better job than the VA. Will the VA allow him to?
  12. I am unable to create an account at va.gov to try to communicate with m doctor and use ebenefits. Thanks for showing me the effort is useless and an nightmare.
  13. I am unable to create an account with va.gov. Dispite numerous attempts. I want to try to communicate with my doctor. With all of these problems, maybe it's just as well. Very disappointing..
  14. I am unable to create an account on va.gov, dispite numerous trys. Very disappointing.
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