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capitan

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Everything posted by capitan

  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 th
  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
  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 wonderi
  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
  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 r
  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 w
  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.
  15. I am trying to create an account in va.gov and ebenefits but it won't allow me. Can somebody PLEASE tell me how.
  16. I am unable to create a VA.gov account. I want to use myhealthevet, and ebenefits, but dispite numerous attempts to make an account, and with the help of a savvy computer person, it won't allow me to do so, and I don't know what to do.
  17. I finally just received a letter from the Board, stating my appeal was put on the docket. It says I have 90 days to submit all evidence. Assuming my appeal is granted, do they automatically give a zero percentage? And does that mean zero compensation? Or do they give a percentage at the time of the hearing? Will I have to go for C & P exam? And does that with my residuals for cancer determine my compensation?
  18. I appreciate the link. It is, however, very lengthy, and difficult to navigate and find what I need to know for my particular case. If I provide details, can anyone help me with the proper interpretation and location? If so, tell me what I can provide, and what you need to know to narrow my search. Thanks. Semper Fi
  19. You might be able to afford IMO/IME's. Me and most vets can't. I can't mortgage the house. I don't have a house. I am at the mercy of a merciless VA system. There is no justice. Brave vets like myself are dying while waiting unreasonable lengths of time for resolution, which in many cases never comes. That is a national disgrace. What is 38CFR?
  20. You might be able to afford IMO/IME's. Me and most vets can't. I can't mortgage the house. I don't have a house. I am at the mercy of a merciless VA system. There is no justice. Brave vets like myself are dying while waiting unreasonable lengths of time for resolution, which in many cases never comes. That is a national disgrace.
  21. I am specifically trying to find out what I can expect at a BVA hearing. The nature of it, how it works. I am told it is unlike a courtroom, where it is not confrontational. I will have my rep with me (American Legion), but will I be given time to speak, will I have to argue and prove my case, or is it already before the judge, and has he/she already reviewed it? And is there a decision made at the hearing, or is there more waiting time? Also, are residuals decided at that time? And percentage?
  22. Berta, I need help. This is my first time using this site and having a problem finding where to post and get answers. I need to find the VA website which lists the citation numbers by year, granted by the BVA. My email is richarddharrison@juno.com    can you send me the link?

  23. I am waiting for a BVA hearing in Columbia, SC. I filed the claim over 5 years ago, and my VSO has no clue when it might be, other than "possibly next year". I don't have to tell you this is a national disgrace. My condition worsens with time. America's dirty little secret is that there is an epidemic of suicide among vets, mostly Vietnam vets, like myself. They are forced to wait unreasonable, excessive amounts of time. I am told the VA is hoping you will either give up, or die. And they don't care which. This is the way America's heroic vets are being treated. Supposedly there is a tremendo
  24. That's what's bothering me.. "solid evidence". What is that?
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