Dustoff1970

I think brokensoldier has missed the whole point of my post on the subject of non treating private doctors IMOs. Except for family doctor whose a long time friend I don't know of many private civilian doctors that do anything for free unless they happen to be your paid for treating doctor collecting payment from you or your insurance to provide you with health care and many of them will still not provide nexus letters or DBQs. This should be as clear as a glass bell. Good grief.

After having read hundreds of BVA and CAVC veterans court decisions over past thirty years and up to present day I can tell other vets that many paid for private doctor IMOs made the difference in the BVA granting a vet his disability appeal as in many of these BVA decisions the BVA law Judge stated that Dr. Jones or whoever detailed medical opinion was more credible or probative evidence than the VA C&P Examiner's negative opinion against the vet's claim and especially that the C&P examiner did not offer up any detailed rationale explanation to justify his opinion against the vet. Yes it is typical that the initial VA raters ignore or downplay the private doctors IMO thus forcing the vet to win his claim on a drawn out five year appeal. No coincidence there. From my experience and experience of many others many private and VA treating doctors and specialist for all sorts of reasons including laziness will not get involved in helping vets with nexus medical opinions to help their disabilities claims. My late family doctor of 50 years did write nexus letters on my behalf but of course the GD VA raters completely ignored his opinion. Now some veterans are fortunate enough to have a veteran friendly private or VA doctor that do the DBQs and nexus letters for them and some of these vets bragg about this a great deal on another forum. Typical I find many apologist for the VA claims system are full of BS. My information is not legal advice as I am not an attorney, paralegal, or VSO.

If you have had a sleep apnea study done at a private or VA sleep clinic they might be able to answer your question on shift work causing and or aggravating SA (especially a private sleep clinic or sleep doctor specialist).

If you really feel you have the probative evidence to support your appeal for the other medical issues then I would go ahead and proceed with appeal. HOWEVER!!! there is always the real possibility that the VA may schedule you for another C&P exam to "reevaluate" any one or all of your service connected disabilities for improvement or worsening of those conditions so be prepared ahead of time for the C&P exam interview. If you have medical or other evidence to show examiner your present condition/s has worsened or remained static then bring this to the exam for his review if he/she chooses to do so as it is their option to look at anything you bring them. Copies only and leave copy or copies with the examiner if he wants to keep them as my C&P examiner did in 1998 that helped me a great deal with obtaining TDIU as a reopened PTSD claim. My info is not legal advice as I am not an attorney, paralegal or VSO.

Very very often the initial VA raters and C&P examiners will flat out ignore your strong evidence in your favor including doctors nexus letters, treatment notes, test results and therefore requiring you to win your claim on appeal at the BVA. Even though the raters list your favorable evidence in their list of evidence in your decision the buggers (liars) will state you have no evidence and deny your claim in one or two simple sentences or give you a very low ball rating. They also do this denial without stating a detailed reason in their reasons and basis section and this is an appealable offense. As with everything there are exceptions of course. This has been my personal experiences of 30 plus years filing my own mostly successful claims and appeals. This is not legal advice as I am not an attorney, paralegal or VSO.

Too many of my veteran friends have died on the operating table at VA hospitals or shortly there after. We vets are constantly being used as training aids and guinea pigs at these VA facilities. I know as it happened to me and a few others at the stinking Temple, Texas VA hospital in 85 and 86 resulting in death of a Korean War vet.

Berta and the others have given you good correct info about citations and 3 judge panel court decisions. However at the very end of my claims and appeals I do use none precedent setting BVA and court decisions as a next to last argument for my claim if the details of the BVA/court decision exactly match my own claim or appeal in order to let the VA dudes know that my claim and appeal is more than justified and it frankly makes me feel better that they know I have a valid claim I of course also use any 3 judge panel Fed Court or CAVC court decisions that also bolster my claim and appeals. None of this matters with the initial VARO raters as they have already decided to deny my claim regardless of the strong evidence I submitted on my behalf even if they list the evidence I submitted then the ****** raters say in one brief ending sentence say that there is no evidence to support my claim. A liar is a liar is a liar. I believe I gave you this same answer on another forum I use to visit until recently.

Thanks ROMAD for the update on your visit to the VARO. That is important info for me for the future. Well said Vync in your last comment to ROMAD. I agree 100%.

There are so many variables involved in each of our claims and appeals that this is a tough one to answer. As a comparison in the year 2000 I filed myself a CUE and VA Injury claims and had to appeal the CUE. The BVA finally issued a denial of my CUE in 2003 that I then immediately appealed to the CAVC veterans court. From my readings of other vets appeals in today's world appeals seems to be taking from 3 to 5 years with some exceptions of course. You should call Peggy on the VA help line at 1 827-1000 and ask them to put in an IRIS request so they may be able to give you up to minute info on your appeal. I have had good luck with them and received a positive response within one week. They will ask you for your date of claim, date of SOC and date you sent in the VA Form 9 along with your last four SS number and VA claims number, etc. etc. You can also check in person with a VSO or VSR at nearest VARO office if you live close by to one as they have access to the VA VBMS (???) data base. Good luck. My info to you is not legal advice as I am not an attorney, paralegal or VSO.

A close friend filed two claims and received one low ball and one deniel well before Feb 2019 and then he filed two NODs. He was then offered RAMP that he accepted on their enclosed forms and then offered HLR, Supplemental or direct to BVA and he chose direct to BVA. I believe his claims were filed in 2017 and he just received his separate SOCs for each claim in recent months so this is about two *****years. He recently filed his two separate VA Form 9 appeals to the BVA within two weeks of each other. It appears which ever way you go it will be a long drawn out process with much confusion if you contest and appeal their decision

All this IMO stuff is relatively new unofficial requirements VA has put upon us. In the 80s and 90s I was able to win claims and appeals without a formal medical statement from any doctor providing a stated nexus between my PTSD and Nam combat. My disability ratings although low balled was based upon my limited VA hospital and clinical treatment notes for PTSD and my VA C&P exams from VA shrinks and psychologist who downplayed the severity of my PTSD. Upon eventual appeals and other maneuvers by me I received a 1998 TDIU rating due to no treatment but a solid VA C&P exam from a good professional VA psychiatrist in Reno, Nv plus my own statements and eyewitness statements from friends and associates. Then in 2000 after my appeal for P&T I was in fact made TDIU P&T. Initially I was not able to introduce into evidence my awards for the Purple Heart and CMB (field award by 173rd Airborne) until later when I received the official PH orders and certificate. The CMB field award did not appear on my DD214 but I eventually found a copy of the orders thanks to a 498th unit medic sending them to me. The low life Temple VA hospital staff said I was lying and faking everything and that I never flew medevacs in Nam. I made sure they saw copies of all this later on along with local news paper articles about my shoot downs in Nam and getting the PH. In spite of improvements in some areas of VHA care the VA has stepped backwards in claims adjudication for veterans using more complicated red tape to discourage and hamper our efforts to receive disability benefits under the phony disguise of improving all this for us. BS.

Okay folks this is not a question but an observation about attitudes of former government lifer VA raters, DROs and some VSOs. There is an AO SOB 30 year former DRO and then VSO on another veterans benefits forum that is fanatical about several items. He maintains over and over and over again that an IMO opinion are not private doctors medical opinions but instead VA requested medical opinions from outside doctors to clarify issues in order to make a claim decision and according to VA definitions he is correct. HOWEVER for many many many years both veterans and VSOs have referred to private civilian doctors medical opinions on behalf of veteran claimants as also IMOs and there is also truth in this and absolutely nothing wrong in using this term IMHO!!!! This same AO also lies and says that CUE errors are extremely rare and CUE claims nearly impossible to win for the vet. Again this is BS and he is saying VA raters/DROs never commit any serious errors in their claims decisions when in fact thousands of BVA/court public decisions have found thousands of errors in VA raters initial decisions over many decades and many of these were serious errors to include CUE. His typical lifer government attitude is on full display in a great many of his post to younger or new naive veterans and I feel sorry for them and there are others like him on that particular forum. Over a period of 30 years filing my own mostly successful claims and appeals including CUE I have read hundreds of BVA and court decisions and many vets won their claims on appeal due to them having to pay for a private doctor IMO when in fact the VA raters/DROs denied their claims with these private doctor IMO opinion statements. He and others like him are always dismissive of these private doctors and lawyers who represent veterans in their appeals. Lifers are Lifers and they always stick together in their arrogance towards us other unclean vets. This is another example of something stinking smelling bad anti veteran attitude in D.C. unless of course you are a member of a special veteran groups. This is the end of my truthful rant and I enjoyed it very much. The above info from me is strictly my personal opinion and in no way legal advice as I am not an attorney, paralegal or VSO.

The VA loves claims confusion and confusing things along with some VSOs as it allows them to delay, deny and as Broconvet said low ball and has happened to all us old timers a few or many times. Always try to keep everything simple (KISS) when filing and appealing claims. If you file a claim that is also under present appeal then I have heard from other knowledgeable persons that the VA/BVA will combine the claim into the appeal and procede from their but I have not yet experienced this set of circumstances. Once you receive an SOC (Statement of the Case) for a denied claim you have 60 days to file the enclosed VA Form 9 Appeal to BVA and you can add new evidence if any at that time. After the VA sends you a Certification of Appeal to the BVA you have 90 days to add new evidence but this must be sent direct to the BVA and not VARO. I CALL upon others to correct me if I am wrong here. This info from me is not legal advice as I am not an attorney, paralegal or VSO.

Just to clarify the good advice given by Bucks and Broconvet you have to have your first initial original diagnosis done by a VA Psychiatrist or a VA Psychologist with Phd in Clinical Psychology in order to receive official VA service connection for PTSD. Even if you receive a PTSD diagnosis from a civilian private doctor you still must have the VA doctor diagnosis also. Many years ago I was serviced connected for Vietnam PTSD based upon my multiple in VA hospital treatment for PTSD and also diagnosis was done by a VA Psychologist PHd Clinical at a C&P exam in Texas. In following years all my PTSD diagnosis was done on C&P exams and treatment notes by VA shrinks and psychologist.

RBBrogen can you tell me if and what VA form you used to file your CUE claim or did you do it in letter form as I did my CUE in 2000 direct to the VARO. My CUE claim was 6 page letter type single space with of course spaces between paragraphs. Glad to hear of your latest claim status and good luck. Thank you in advanced.

I would suggest you copy and print the above chart I posted from their own VA Manual 21-1 claims adjudications saying in black and white print that no form is required and see what the VSR says about that and also enclose copies of that chart with your written CUE claims. I may be filing another CUE claim myself in the not to distant future. Good luck. If you file your CUE claim in person at the VARO get them to stamped the time and date they received your claim on an extra copy you should have. They will in all probability then send it on to the intake center but you will have their official stamp of receipt on your copy.

I am unable to read your blurred small print content but it appears to be very detailed and that is what is needed for CUE or BVA will reject it. The VARO is playing delay and deny games with you/us by not acting on your CUE claim without a form that they know is not required. They are lying by omission and ignoring. If it was me based on my 30 years of filing successful claims and appeals myself I would use the VA form 2148 ??? Statement in Support of Claim as a CUE Form and I would also file same CUE claim on their precious form 21-526EZ at same time and see which one they except. File everything by Certified Return Mail. On the other hand if you go to the VARO in person and make the VSR select the correct form or format then try to get their name and or initials on the form since they are assisting you like a VSO and of course have an extra copies for yourself. When I filed my 2000 year CUE claim it was a 6 page letter type claim single space with of course paragraph spaces and then it was accepted by VARO. My info is not legal advice but only my own personal experiences and opinions as another average joe vet.

I have read many BVA decisions granting veterans their claims on appeal and Dr. Anaise IMOs were a key part in the veteran winning his appeal at the BVA even though the GD VARO raters ignored/rejected his IMOs and other solid key evidence in favor of the vet. That is the name of the game with VARO raters to discount or outright ignore your submitted strong evidence. It is their VARO routine from my 30 years experience filing my own claims and appeals (mostly successful). It is what it is and the raters have no conscience. Many of the raters are from a group of low energy persons.

Carefully read the following first sentences and info straight from the VA manual M21-1 for claims adjudications and this is current and came straight from the VA VBA website. Additionally a claim for a CUE does not require a form; however, it must contain all the elements III.iv.2.B.4.d. Considering Requests for Revision Based on CUE Although there is no specific claim form required to request revision of a decision based on CUE, the request must be submitted in writing and signed by either the claimant or his/her authorized representative. In a valid claim of CUE, the claimant must set forth clearly and specifically the alleged error, or errors, of fact or law in the prior decision, the legal or factual basis for such allegations, and why the result would have been manifestly different but for the alleged error. Notes: A claimant is not entitled to request CUE again once there has been a final decision denying CUE on the same basis. If the CUE alleged is different from a CUE issue previously rejected, use a rating to determine whether or not a CUE was made on the new issue. Important: If a CUE finding has been determined, it may affect subsequent rating decisions to the extent that revisions in the subsequent rating decisions may be required. See Pirkl v. Shinseki, 718 F. 3d 1379 (Fed. Cir. 2013). Reference: For more information on responding to an invalid CUE request, see M21-1, Part III, Subpart iv, 2.B.4.e.

If your VSO is unable to resolve this adequately and if you live close to a VA regional office you can go there and talk to one of their VSRs as that is what they are there for and they have direct computer access to data basis. It is also a long shot but trying all options has worked for me in the past. Also call the help number at 1 800 827-1000 ????? and they may be able to help. Go in person to the nearest VA medical facility and talk with their patient records clerk and maybe the patient advocate. There are other options that others may know of.

I believe if I am correct that in very recent years Agent Orange benefits have been approved for veterans who worked on or cleaned these aircraft after their return to stateside. Broncovet and Berta have excellent info on the entire Agent Orange issue more than I. A good Google search along with other search engines should reveal this up to date info.

I wonder if we all went to all that work for nothing??????????

Ok WomanMarine I just did a 10 minute search of Board of Veterans Appeals decisions from 2010 to present day and there are many hundreds of decisions granting veterans service connection for disease due to chemical exposures in service to include cleaning chemicals, etc. Here is just one decision that involved cleaning liquids that may be helpful to you and there are many more. Citation Nr: 18145729 Decision Date: 10/30/18 Archive Date: 10/29/18" Go to the VA board of Veterans Appeals website and on right side of page are links to other info and bottom link says Search the Board Decisions and then the search page will have the search boxes for you to input your search criteria and then select the years you want to search. If you know the technical names of the cleaning chemicals this will make your search easier and faster. Good luck and please acknowledge receipt of this info as a courtesy.

In addition to your possible contamination exposure to Agent Orange there are veterans who have been exposed to some of the other chemicals you have mentioned used to clean aircraft parts and are known to cause delayed long term disabilities and they have been service connected for this chemical exposure. They usually have to prove by medical and or other documentation such as MOS, duty station orders, and time and place of exposure, etc. as this may not be presumptive such as AO in Vietnam. Because of the many and varied illnesses you have for a claim I suggest you try to find (if possible) an accredited and motivated full time professional VSO (DAV, VFR, Legion, etc) that are located at VA regional offices and are paid full time for this assistance at no cost to you. If you are suffering from any king of spinal, bone or paralysis and maybe your loss of use of limbs you can try the excellent Paralyzed Veterans of America (PVA) that are also found at the VAROs to represent you. If you live far away from a VARO you can use email, fax, phone etc. Never send any original documents or your only one copy to the VA or a VSO. An intense Google search usually finds many answers I am looking for including complicated veteran disability issues and I will check my reliable large NVLSP manual on Veterans disability claims for you soon. My above information is not legal advice but based on my 30 years of personal experience filing claims and appeals for myself.

As Brokensoldier said MyHealthVet.Gov will provide you with up to date VA medical info pertaining to you with your own web page. In order to have a premium account that provides everything you will need to go to nearest VA health care facility so they can verify your identity and they will assist you in setting up your account.