Hucast21

I think I’ve read the argument letter 30 times by now. The hard part in all of this is the waiting. I just want this to be over but I know it will only be the beginning once I’m granted service-connected and it goes back to the VARO for rating decision...

Nevermind

Believe it or not, it was a VSO who told me to get a law firm involved after looking at my denial letter. He said I had 2/3 Caluza elements, and a law firm would be able to upfront the cost for an IMO/IME if they deem a claim was strong enough. Sure enough, Hill & Ponton took my claim and provided an IME. I went back to the VSO and told him that I had Hill & Ponton working on my claim. He shook my hand and said “congratulations, you just won your claim” and this was in 2018. I guess even VSOs know which law firms has a good reputation when it comes to VA disability.

My attorney is none other than Mr. Matthew D. Hill himself from Hill & Ponton.

It seems so because PF can be claimed as secondary to bilateral pes planus and deserves its own rating. I also have bilateral pes planus with plantar fasciitis but never once complained about it during service and kick myself everyday for not doing so. But like john999 stated, your pes planus rating opens the door for many other ratings down the line and it seems like you are going down that route.

My attorney sent an argument letter in lieu of a hearing, and I couldn’t be any happier. The argument letter starts with a medical history (chronological order) of complaints and treatment of my conditions from in-service documentation as well as current VA records. Then the argument letter highlights the well-reasoned analysis of an IME by a board-certified specialist, in which it contradicts the C&P examiner’s rationale and gives a nexus in VA verbiage. I am very impressed of the contents of the argument as it also cites past CAVC cases when arguing for service-connection. Now, it’s just a waiting game. Thank goodness my claim is AOD.

My Navy Federal Credit Union shows a $1400 deposit for March 17th

My attorney picked the correct BVA appeal route that allows new evidence and is confident that my claim will be granted now because of this new evidence.

No it was not.

Hey all, Currently awaiting BVA hearing next month and was quite surprised to see this in VA Notes from my psychiatrist a few days ago: ”Veteran has PTSD and depression due to his military service as a corpsman.” She then goes on to write about my PTSD stressors and how PTSD and depression has impacted my life. Now, my initial claim of PTSD was denied because of an unfavorable C&P exam. Can I submit the above evidence to the BVA by waiving RO consideration? Any feedback would be greatly appreciated.

This has been true in my experience. Asking a VA doc to write a nexus letter is like pulling teeth. I had several VA docs agree that I should be service-connected for my conditions due to my SMRs and current VA records, but they won’t write a nexus statement stating the VA doesn’t allow that.

Yup, this is something that should be constantly talked about. The VA pulled a fast one with these new forms. Edit: and the kicker is the life expectancy for men in the US is 77.

Hey all, I’m in the reconsideration phase of my SSDI claim. The weird thing is SSA hasn’t sent me to an exam, and the adjudicator already notified my attorney stating she will forward my file to the SSA doctors for review/decision. I have plenty of medical history about my mental health disabilities ranging from in-patient hospitalizations to suicidal thoughts and attempts. I’m just wondering has anyone been approved for SSDI for a mental health disability without going to an exam?

I hope you get it Pac!

I am worried this might happen to me - win at the BVA but get lowballed on my rating percentage. My lawyer even warned me about this and having to do another C&P exam despite the years of documentation that is already on file.

Like I told you on Reddit when you posted the same question, your marriage and family issues is an in-service event. This occurred during service, and you already have a positive nexus from the C&P examiner. Just get a statement from your ex-wife and file an appeal and see what happens.

This is the cold, hard truth. Raters rely too heavily on the outcome of the C&P exam from my experience. No veteran with in-service documentation of an illness or injury along with a current diagnosis shouldn’t need an IMO/IME to counter a bad C&P exam in my opinion.

Congratulations!

Hey all, I have an upcoming BVA hearing in April and I am getting anxious. Despite the strong evidence that I have in my service medical records, VA records, and IME from a board-certified specialist, I feel like I’m still going to be denied service-connection. How did you all get over this feeling? I am an emotional wreck right now, far worse than I was waiting three years ago. Plus, my attorney is going to request waiving the hearing and submitting a written argument. I have a conference call with my attorney in two weeks to go over the written argument, but yet I am still anxious as heck. Also, does anyone know if your claim is Advanced on the Docket, does that also apply to grants or remands by the BVA? Any comments would be greatly appreciated.

Peggy is the nickname for calling the 1-800-827-1000 number and talking to a service rep.

File a NOD and take it to the BVA. There you can submit new and material evidence.

To answer your question, file a NOD, and take your claim to the BVA in my opinion. You may want to get legal representation as well. Never give up, especially if you have documented evidence.

Never give up! That’s what the VA wants you to do. If you have proof of migraines multiple times through your SMRs, then fight for what is rightfully yours. I’m going through a similar situation where I was denied for migraine headaches even though I have multiple sick calls documented in my service medical records and even my GP wrote on my separation physical “migraine headaches, severe.” I was denied on my initial claim, filed a NOD for DRO, and the senior rater rubber stamped the denial anyways. Now, I have a BVA hearing in April and hopefully I will get justice. How can the VBA deny service-connection when a veteran has documented proof in their military and VA records is beyond me but it happens. Just don’t give up.

Claims can take awhile. It’s best not to check up on ebenefits or va.gov constantly, and instead use that time for hobbies or other activities. I know it might not be the answer that you wanted to hear, but understand that quite a few veterans on this site have waited years or even a decade or more for claims. I am still waiting on my claim going on for three years now and it’s in the AMA process.

Seems like #2 applies to me going by the IME. Thanks for the info, I’ll go over it and see what else applies to me.