Hucast21

I was just recently awarded 90% IU P&T by way of a HLR. The HLR took 19 days to complete with a nice $50k+ retro check that will be deposited to my bank account in a few days. I cannot praise enough of how valuable legal representation can be when it comes to your VA claim. Yes, the best law firms will take their cut but this is a small price to pay compared to all of the horror stories that I have read about veterans fighting the system for decades in order to get justice or end up quitting. Thanks to everyone on here for keeping me sane during my journey these three years. I never thought I would have ended up in this position but here I am. The VA finally acknowledges my disabilities that was plain to see in my SMRs and current medical records.

“According to the latest data, the VA made 85,451 Board Legacy Decisions and 17,202 Board AMA decisions in 2020. Of the Board Legacy Decisions: 33.8% claims were allowed 40.6% percent of them were remanded (sent back for reconsideration) 20.3% were denied Of the cases decided by a Board AMA: 37% were allowed 28.2% were remanded 27.6% were denied” https://disabilitydenials.com/blog/va-disability-appeal-success-rate/

The problem is with BVA appeals, about 37% of appeals are issued grants. This means too many initial claims were denied, which should not have happened in the first place. From my experience, the VBA has claims adjudicated as fast as possible but dumping it on the BVA appeals process to do the heavy lifting. Thus, creating a huge backlog.

I never had high blood pressure during service but do now.

I’m only 40 years old. I haven’t filed service-connection for stroke yet.

I had an ischemic stroke three years ago and was verified by a VA radiologist on an MRI without contrast. I don’t know if I can get it service-connected but I’ll try the secondary route.

Just got 80% (updated on va.Gov) and retro pay going back to 2018 in one month from BVA decision.

To make it seem like the VBA is doing a good job or who knows really. As far as I know, only CAVC cases set precedence not BVA decisions. When my attorney sent an argument letter in lieu of a hearing, CAVC cases were cited to prove service connection and the incompetence of the C&P examiners. The judge basically threw out the negative C&P exams because my attorney argued the examiner’s opinion was inadequate and cannot be used for adjudication purposes as the basis for denial of service connection.

You won’t know until you get the decision letter or until you see “Granted” in green on va.gov. Find a hobby to keep your mind occupied.

Nope because every BVA case is different. You cannot use previous BVA decisions to apply to your claim.

According to my attorney, he looked in the system and seen the regional office has rated me 10% for migraines and 70% for bipolar disorder with effective date of April 2018. Obviously, this is not final. I will most likely appeal the 10% rating for migraines because it’s a low-ball. I assume the RO based the rating on the bad C&P exam in 2018. But I also have TDIU remanded, so I’ll see how all of this shakes out.

I won!! Thanks to hadit for keeping me sane going through all of this.

Checked va.gov this morning and a new issue appeared: “Service connection, bipolar disorder” Even though I have been diagnosed with bipolar disorder, once again, my lawyer didn’t argue for service connection in the argument letter. I’ll take this as a positive sign.

My attorney never argued for major depressive disorder in the argument letter though. The argument letter was based on service connection for migraines and PTSD. Hence why I asked the question because I’ve never read anywhere on the internet where an appeal is currently being reviewed by a judge and a new issue was added.

Update: so I looked at my issues tab at va.gov and now an issue was added: ”Service connection, Major depressive disorder” Has anyone seen this before? Thank you

My status changed to this:

My appeal changed to the same status today. Hopefully, we get what we deserve.

Update: so I called the White House VA hotline about the status of my appeal three weeks ago. Someone from the BVA hotline called me back stating my hearing was going to be rescheduled... But my attorney already sent in a request to waive the hearing along with an argument letter last month. This person then looks up on his computer to verify the hearing request waiver and then he apologized for the holdup. He went on to say my appeal would now be sent to a judge. Talk about being ridiculous.

My attorney waived the hearing request, not the appeal.

I am currently waiting at the BVA with my appeal.

I think it’s time I take a break from the internet. I’m reading too many posts where veterans file an initial claim with no in-service documentation and still be granted service connection. No lie, the shit pisses me off when I have plenty of documentation from military medical records and still was denied.

I’m stubborn as they come Berta. I don’t put up with BS especially when I have the evidence to back it up. A veteran asking advice for obtaining an IMO/IME because of an unfavorable C&P exam is not some ungodly sin as some may think. It’s the only way to counter a bad C&P exam. As Bronco mentioned, the culture of denial in the VA is rampant.

I got into it with Cruiser because I explained that my initial claim had a ton of in-service documentation about my conditions but I ended up with an unfavorable C&P exam, which ended up in a denial. I asked the forum about obtaining an IMO/IME, and Cruiser gave me crap for it stating if the C&P examiner didn’t find a nexus then I shouldn’t be “fishing” for service-connection. I then posted screenshots of my STRs showing how ridiculous his opinion was and how incompetent C&P examiners are at the VA. I left the forum shortly after and came here.

Does this va rater go by the username of Cruiser? That guy thinks he knows everything lol.

The answer you might not want to hear is “no one knows.” The VBA will get around to it whenever they decide to do so. This is where finding a hobby can be beneficial as it serves as a much needed distraction from the VBA hamster wheel. Regardless, I hope your decision will arrive soon and in your favor.