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RBrogen

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Everything posted by RBrogen

  1. I don't know if there is a place on here or not but is there a place where we can list both good and bad examiners ... for instance in my case the examiner in the Bedford MA VA is HOOOOOORRRRRRRIIIIIIBLLLLLEEEEEE and completely not qualified as proven by my 1 and ONLY C&P there that I documented 14+ errors and even had her boss agree that she f'd up so bad that he asked VA for a new C&P for me. Conversely, Jamaica Plain VA Hospital in Boston has absolutely the BEST C&P examiners in the area. They are thorough and veteran friendly. I've had 3 C&Ps, 3 different examiners, at that location this year alone and EVERY SINGLE ONE has been veteran friendly and each extremely thorough in actually reading my entire file as proven by the pieces of doctors hand written notes that each one found that supported my claim. That's something you can't just search for because the searches don't pickup hand written items at all or well so it proves that they actually read every single one.
  2. Yeah during a recent C&P for other conditions, the examiner completed a DBQ and on it noted that my radiculopathy was "moderate" severity for all three radicular groups. I was previous rated for "mild" severity. I had an issue with the claim decision where it had ignored a rating for painful scars of head/face/neck so I requested a Higher Level Review (HLR) and noted the discrepancy and on the same form noted the new severity of the radiculopathy and requested that they consider that a sympathetic claim for increase for radiculopathy upper bilateral extremities 38 CFR 4.124a (code 8513). I sent that on 9/4/2019 along with the copies of the relevant pages of the associated C&P so we'll see how they respond! It pays to read your C&P and any test results THOROUGHLY!!!
  3. I'm actually trying a sympathetic claim on an existing claim and will post the results when they adjudicate the claim.
  4. I have heard of the VA treating a condition noted as a "sympathetic claim" and then adjudicating that with an open claim that discovered it. They did that with my tinnitus because when I filed it was for "hearing loss" and I got SC and rated at 0 but they noted I had tinnitus and told me to file a claim for it. I filed the claim and when they adjudicated the claim, they noted that my original claim for hearing loss should have been considered a sympathetic claim for tinnitus and thus approved the earlier effective date for my claim.
  5. UPDATE: CUE Final edits done and it is not certified mail on its way to Boston RO!!! NOW WE WAIT!!!!!!
  6. Not sure what you are asking here @Vet Dog and wife. If you provide more information perhaps we can assist.
  7. He Hey @Vync thanks ... I actually know about the pages but I just put the holder in there to show that I will be doing it because I have to add the numbering after I add all of the exhibits etc. Thanks as always though!
  8. Not sure on that ... I would have thought it would have been July 3rd 1992 but the process had already been established with an earlier date from when the claim that triggered the C&P occurred back in October 1991. The C&P was a result of the claim filed. This is also a smaller point to the overall claim I think.
  9. Thanks Buck ... I couldn't have prepared it without all of the great support here on Hadit! I hope I can share what I have learned with others.
  10. Thanks @Buck52. I actually noted on the CP Exam dated June 5, 1992, less than 1 year of me getting out on July 3, 1991, that I couldn't do deep knee bends due to pain. I am SC now for bilateral knees, and ankles. This is more of an argument that they didn't follow the laws at the time and if they did they would have concluded that I indeed had SC knees. I am looking for an EED of the Oct 1999 decision rather than March 2019.
  11. NEW DRAFT ... THANKS TO EVERYONE for your input ... my CUE case has definitely been made so much stronger because of your collective advice and guidance. Let me know what you think about my latest draft! Cue Motion Draft Sept 10 2019.pdf
  12. You guys ROCK!!!! I'm making those edits ... I've also found 38 CFR 3.304(b)(2) to show that the examiner didn't take into consideration that I was Airborne in such that "History conforming to accepted medial principles should be given due consideration." The fact that they did not consider my Airborne status and that it "IS" a medically known fact that parachuting puts abnormal, traumatic pressure on joints, especially knees, feet, ankles, hips and spine and as a result, chronic disabilities usually follow.
  13. Ahhhh ... well both of the presumption of sound condition regs are pretty much the same .... do you think it makes sense to use them both?
  14. Yeah it is tough reading but base is there where first two words "In Service" and Both knees with arrow pointing to In Service. I am reading 38 CFR 3.304 (b). It sees weird that there are multiple regs e.g. 38 CFR 3.304(b) as well as 38 U.S. Code 1111 for Presumption of Sound condition. Am I just dense or should I only be using CFR and not U.S. Code?
  15. The examiner noted "Never reported it, never got treatment for it." See hand written note in attachment. My comment was the "It's common knowledge blah blah blah" but I'm working on a new version of that, something like: "It is a known medical fact that parachuting puts abnormal, traumatic pressure on joints, especially knees, feet, ankles, hips and spine and as a result, chronic joint disabilities usually follow. Veteran avoided reporting injuries so he would not be recycled or dropped from course." I like where you are going with that paragraph ... lemme chew on it some.
  16. Hey @Vync ... I was concerned about that as well ... any thoughts on how to word it more definitively? I'm working on a new version, something like: "It is a known medical fact that parachuting puts abnormal, traumatic pressure on joints, especially knees, feet, ankles, hips and spine and as a result, chronic joint disabilities usually follow. Veteran avoided reporting injuries so he would not be recycled or dropped from course."
  17. I believe that my claim does meet the 4 requirements (in my opinion): (1) Claim must be a "closed claim" also known as a "final decision" for a CUE review. The final decision must be from the VARO, Veterans Administration Regional Office, or the BVA, Board of Veterans Appeals and was never appealed, and (2) either the correct facts were not before the adjudicator or the statutory or regulatory provisions in existence at the time were incorrectly applied; and (3) the error is "undebatable;" and (4) the error must make a difference in the outcome. In other words, a CUE is not a disagreement with a decision or an argument that VA got it wrong.
  18. Thanks @Berta! I will send my claim letter as you have seen with new edits along with supporting evidence exhibits certified mail to the Boston RO which should be sufficient to initiate the claim for CUE under 38 USC 5109.
  19. So I am understanding that my CUE letter and supporting evidence will suffice for the initiation of the claim then ... no need to file the full claim since it is really not a regular claim but a motion to correct an earlier decision on a claim.
  20. Thanks Berta ... I'm actually using highlighter to annotate exhibits so they can't miss where I'm pointing.
  21. Expert advice as always GeekySquid! I am happy to pass on any knowledge I gain to new vets fighting the fight, we have to look out for one another. I knew of the long dash, just didn't know that it was referred to as an "em". Learn something knew every day! When I send it to the RO, I assume I have to fill out the 526EZ, 2104138 and then add all of the supporting exhibits to the package.
  22. Thanks so much @GeekySquid! I've modified the format to have specificity on the exhibit references, page, paragraph etc and feel pretty good about the flow. I guess it is just a matter of creating a claim with a 21-4138 with reference to the evidence and then attaching the evidence to the claim. I assume there is no special claim process I have to do to submit this as an RO claim since the decision was Boston RO and not the BVA correct? Also, not sure what you mean by "consider an em dash between the law number and topic"
  23. Thanks VSync ..... I reference more specific locations in the narrative when referring to the exhibit ... e.g. C&P exam dated September 8, 1999 (Exhibit J), noted on page 2 .... I probably should go and make sure each exhibit reference is as specific as possible.
  24. Thanks so much for taking the time to review my information Berta. It means a lot, as does all of the wonderful feedback. I'm attaching my latest, hopefully final drat so I can send this over to the Boston RO. Would you, and anyone else with thoughts on it please let me know what you think about the format and if I'm missing something major. I don't want to loose the opportunity on a technicality. Cue Motion Draft Sept 8 2019.pdf
  25. Yeah I hear ya .... that's why we are forced to dance the VA dance.
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