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Hucast21
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Posts posted by Hucast21
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Nevermind
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1 hour ago, broncovet said:
I think Matthew Hill posted here some time ago. Yep, his thoroughness is not a surprise considering this law firms good reputation.
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.
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42 minutes ago, broncovet said:
I dont know who your attorney is, but it sounds like "he did his homework". Its even apparent in your summary!
I can see the Caluza elements even in your post:
1. (Complaints from service) documenting in service event.
2. Current medical history (documenting a current diagnosis)
3. And, the magical IME nexus.
This sounds like a BVA decision, not cavc. My prediction: You will win.
My reasons: When you focus on "what's important" and do the 5 P's (Proper Preparation Prevents Poor Performance), it usually works.
You document the Caluza elements, you win. Period. Read BVA decisions, they often state that "the criteria for SC has been (or has not been) met." You meet the criteria by documenting Caluza elements.
I can "smell" that win, over the internet!
Caveat: Your nexus. Im assuming this is a great, well reasoned nexus, complete with CV of the doc. "If" you have a inadequate, or poor nexus, which I did not read, you are cooked. No winner winner chicken dinner with a bad nexus.
My attorney is none other than Mr. Matthew D. Hill himself from Hill & Ponton.
- Buck52 and blahsaysme2u
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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.
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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.
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1 hour ago, broncovet said:
Ok. This should mean you get the effective date to the beginning of the appeal period, per 38 cfr 3.156 b. You should also make sure you picked the BVA appeal that allows new evidence.
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.
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2 hours ago, broncovet said:
Yes, I agree. It would be helpful to know if this evidence was previously considered, that is, was it in the evidence section of the decision?
No it was not.
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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.
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22 minutes ago, Buck52 said:
MOST VA Dr's won't help us Veterans => VA is their Employer.
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.
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57 minutes ago, pacmanx1 said:
Since when did the VA change the advancement on the docket age?
Advancement on the Docket (AOD)
The Board is required by law to review appeals in docket order unless unusual hardship or “other sufficient cause” has been shown to advance a case on the docket. 38 U.S.C. § 7107(a) and 38 C.F.R. § 20.900(c). If applicable, you may submit brief, but complete, reasons to the Board for advancing your case on the docket, which must include supporting documentation to factually demonstrate reasons for advancement. The following are some examples of unusual hardship or other sufficient causes, along with recommended supporting documentation:
- Severe financial hardship (bankruptcy petition, home foreclosure notice, homelessness);
- Serious illness to include a COVID-19 diagnosis (physician’s statement);
- Advanced age (defined as 75 years or more);
- Administrative error (resulting in a significant delay in docketing your appeal)
- Affected by a natural disaster such as a hurricane, earthquake, or flood (you may submit evidence such as newspaper clippings, pictures, FEMA declarations, etc)
Motions for advancement on the docket, along with supporting documentation, should be submitted to the Board in writing at the address or fax number listed below. Please remember to include your name, the Veteran’s name (if different), Legal Representative (if applicable) and your claim number.
But on the new form
OTHER REASON(S)/CIRCUMSTANCES FOR REQUEST
85 YEARS OF AGE OR OLDER
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.
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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?
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13 minutes ago, pacmanx1 said:
It just pissed me off as Flow1972 stated. I really felt that not only should VA not have denied my claim, the VA forced me to file a claim to the CVAC just to win my benefits. The records clearly show that there have been multiple mistakes, and no one wanted to correct it. So, when the CAVC remanded my claim the BVA had no choice but to grant it. Now getting the correct rating with my corrected effective date is all but a matter of time. I keep dreaming on that forever home and I think it is getting closer.
I hope you get it Pac!
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27 minutes ago, pacmanx1 said:
My 1998 claim was granted by the BVA and remanded to the local VARO for rating in which they lowballed my rating percentage and screwed up my effective date. I had to file a new appeal and when the BVA granted my 1998 effective date the local VA then reduced my rating without cause. VA reduced my rating without (letter of proposed reduction). I had to file a new appeal to get my rating restored and when the local VA restored my rating they still screwed up my effective date, now I am waiting for BVA to correct my rating percentage.
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.
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3 hours ago, Russ92x said:
wish i could figure out how to attach a pic of the letter but cant figure it out. this is how it reads out word for word.
Service connection for unspecified anxiety disorder is denied since this condition neither occurred in nor was caused by service(38 CFR 3.303, 38 CFR 3.304) The evidence does not show an event,disease or injury in service(38 CFR 3.303, 38 CFR 3.304). We did not find a link between your medical condition and military service(38 CFR 3.303, 38 CFR 3.304). Service treatment records mention marital problems
It states the VA examiner gave me a positive medical opinion stating that my anxiety was incurred in serve; however your anxiety came from family issues and marriage issues. No diagnosis of anxiety related to military service was given during service; therefore this condition is denied.
Favorable Findings identified in this decision:
You have been diagnosed with a disability.
VA Examiner diagnosed you with unspecified anxiety disorder.
Laws and Regulations applicable to this issue:
38 CFR 4.6 Evaluation of Evidence
38 CFR 4.130 Schedule of rating Mental Disorders (0412)
Thats exactly how its typed word for word.
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.
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17 minutes ago, Buck52 said:
In my opinion most met the criteria for an C&P Examination but in my honest opinion its the luck of the draw of what type personality examiner we get and this bares sharply on the outcome of the C&P Exam.
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.
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Congratulations!
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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.
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31 minutes ago, DanielB said:
GBARMY,
Who is Peggy?
Peggy is the nickname for calling the 1-800-827-1000 number and talking to a service rep.
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1 hour ago, Jackets90 said:
So should I take it to a HLV?
File a NOD and take it to the BVA. There you can submit new and material evidence.
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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.
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41 minutes ago, Jackets90 said:
I have proof of migraines multiple times throughout my medical history in the military. I have other disabilities the va rated that this is a secondary of and aggravate my migraines. (anxiety, DDD in my entire spine with herniated discs in my neck) they rated these at the time.
Should I go to a higher level review? I have no idea what I should do and feel like giving up at this point
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.
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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.
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3 hours ago, broncovet said:
To determine your EED would require a review of your cfile. However, you may be able to review it yourself and watch for the following:
Effective dates are complex, but the general rule is your effective date is the LATER of:
1. Date of claim. If you applied when "informal claims" were allowed, the criteria for your date of claim is greatly reduced.
2. Facts found. This is generally the date the doc says you were disabled.
There are considerable exceptions (I counted 18 exceptions) to the above effective date general rule, but some important ones often overlooked by VA, VSO's, and Veterans include:
a. If you applied for benefits within 1 year of exit from service, your date can go back to the date you got out of service.
b. If VA denied you because of lost service records, and found them, you can get an eed based on 38 CFR 3.156 C, or maybe 3.156 B, if you sent in new and relevant evidence.
c. Nehmer claimants have special rules which allow earlier dates. To find out if you are eligible under Nehmer, you can contact NVLSP (for free): https://www.nvlsp.org/what-we-do/class-actions/nehmer-agent-orange-lawsuit
d. Changes in regulations can benefit the Veteran.
e. Claims for increase can result in an eed in some circumstances if facts found so warrant.
Since I dont know, what, if any of these apply to you, I can not give a definitave answer.
Effective date regulations, explain this in more details:
https://www.law.cornell.edu/uscode/text/38/5110
Specifically, one of your issues is addressed here:
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.
Argument Letter Sent
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
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...