Hucast21

Hucast21 Congrats! Great job by you. You must be smarter than the average Bear as Yogi used to say. IU is not an easy road most often and recognizing you need extra help is sometimes ignored and it end up costing in time, money and stress. Back pay is pretty sweet too. Don't forget to help out Hadit with a contribution if you can . We want to continue helping others by being  resource that helps veterans on their road to compensation.

I got an email from Buck.  His wife is in the hospital (ICU) with a heart attack.  She went in, because of severe back pain.  

It says you are missing "Caluza element number 2"...an "in service event or aggravation", and, Caluza element 3, Nexus.  
In a nutshell, you need to appeal to the BVA, like about 80% or so of the other Vets who were denied and have to appeal.   
You "may" need an IMO/IME with clearer nexus which would point to the in service event.  
Welcome to the VA hamster wheel of delays, denials, lowball, and hornswaggling the effective date.  You have to keep fighting. 

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.
 

“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 agree with Scottish Knight.
First, I believe most VA employees do a fantastic job; however having to abide by production standards might be causing some claims to have appeals.
You have to hire more workers.
Give workers more time to properly vet claims and the evidence submitted.
Remember the benefit of the doubt rule.
Approve claim if possible.
Last, veterans do your part too.
Give the VA evidence: inservice incident/sickness, current disability (with residuals), and nexus linking 1 & 2.
 
🤠

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.

Thanks! I'm going to try. . I've got 3 claims I want to file for secondaries, but am holding off. Current appeal is for EED to 78 and 100% or ? and TDIU  Atty is counseling me to hold off because VA will try to change the EED. I'm impatient because I need money, yet I know this is one of those claims VA doesn't want to pay. It's taken me 47 years to get to 50%. Claim was finally approved in late 2018, but they still had to mouse me around on the EED.  Gotta give the atty credit because they were able to come up with evidence (nursing notes) the VA said there was no record of in the initial denial. From my experience, the VA is not on the side of the veteran.

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

Winner, winner, chicken dinner. Congrats to you! Working on any secondaries? If you can get to 80%, you can work at it and get to 90%. Re-eval anything you have wrong with you, especially if it isn't s-c already and see if they can be linked as secondary to your s-c disabilities. And, of course with VA math, it is a lot easier to get from 80% to 90% scheduler, than 80% all  the way to 100% unless you can do the TDIU route. 
Good going.

Congratulations!!! My atty is doing the same thing, legal brief with supporting case law, supportive IMO, med records discovered and submitted under 3.156c that weren't considered in original denial (1978). The difference is I'm not AOD so it's the long wait. I'm glad to hear you didn't have to go through RO hurdles and screwups!!

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.

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.

LOL....Hucast21  This is so true!  Don't run to VA.com and check everyday like I did!

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.

We can all get pretty low sometimes.  Now I am pretty disabled I wonder what I have to live for, but I have a wife who needs me.  I have a brother who needs me.  I want my survivors to have something besides bad memories of me.

If you get a doctor to do a exam for you he/she must say that in their medical opinion you myeloma was caused by your exposure to cancer causing agents while you served your country.  You can't have half-steps like "possibly" or "could have".  The report from your oncologist is poison.  Your oncologist's opinion is probably the reason you were denied.  He did more harm than good.

You have a good chance of winning.  I would get your claim started TODAY!  You have 1 year to finish it, but this will save you EED.  You will want a NEXUS from a doctor linking it.  I also made a post a while ago about how my attorney won mine without a nexus.  

You will need a Nexus from a qualified physician stating that your sleep apnea is "as least as likely as not" as a result of your depression.  He/she must also state that they have read all of your service medical records and also state the reasons why they are tying sleep apnea to your depression citing medical studies that agree with their conclusion.  Good luck.  

Hucast21 Congrats! Great news! Don't forget to update your Hadit profile to your new rating. Continue to continue to help others. And, if you can afford it, maybe when you get your back pay payment you could donate a little something to help Hadit keep on helping other veterans.

Congratulations!
Way to go.
Now the good, the bad and the ugly part of this award.
The Good, it appears that the BVA has granted your claims.
The Bad, your claims have to go back to the local VARO for them to assign them effective dates and rating percentages.
The Ugly, the local VARO can screw up your effective dates and your rating percentages causing you to have to file new appeals back to the BVA.
Sorry for the bad news but this is what I am going through.
Also, if it says that you should see a difference in your pay in two months, well, it took the VA at least a year to implement my BVA Grant.
A win is a win.🤑🤑🤑

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

Yes.  Your attorney does not have to hold your hand every time he sends in a new claim, if he thinks you are eligible and it will increase your compensation.  That is not the only way it can happen, but probably the most likely.  A thorough review of your medical file can reveal things you are eligible for, that you/your VSO missed.