knoxcap

Congrats! Let us know what the percentages are when you get the rating. Just to check… you met with the judge in 2021 or 2022? Hubby is still waiting on his decision from the judge. He was June 2022.

Still waiting also. Met with judge in June.

Hello all, I have been working on my husbands since Nov 2015. Met with BVA Judge with the help of an attorney in June and waiting on a decision. I’m looking at an opinion on what this claim should possibly fall at. Here are the claim items: all secondary to the hemochromatosis, a hereditary disorder. Cirrhosis of the Liver (level 3) Avascular Necrosis both ankles (require aid) Arthritis of both hands, right elbow and right shoulder (requires aid) Erectile Dysfunction GERD High Blood Pressure Anxiety Restricted Esophagus Anemia and a few others Thank you for any information you can give.

Hard lesson learned.

@Whodat I did my primary application to Waco, denied. Upper level look at Waco, denied. Sent to BVA (at this point 5 years total) and while I was walking into the office to meet with the judge, two RO’s stopped me and asked if I would settle on 80%. I agreed, later turned in my paperwork for TDIU, which was granted for 100% P&T. It was a little strange, to say the least, and looking back don’t know why they were so anxious to settle. I’d never gone thru this and did not know or hear of anyone else’s claims except on Hadit (I think I found this site in 2001). I wonder if I had gone in and met the judge if he would have given me 100% schedular. I honestly think I got as far as I did because of that earlier Hadit site

@Dustoff1970I am in Texas and just assumed that the records details would always be confidential, even if a release of doctor dates and places are open. Also, did not know that the doctors detailed notes were put into the record (yeah, I know, I was young and stupid). I had one doctor at VA that actually fell asleep while I was in my appointment with him. He had been telling me know sleep was very important for your mental health and if you didn't sleep you overall health would deteriorate. I think he needed to listen to his own advice.

@VyncPropbably my own fault on the records release. I did sign a release of information document but should have made sure to state that not all records could be looked at. A lot of release forms just ask for the doctor, hospital, dates and a signature. I'm sure it could be called "young and dumb" and I learned my lesson. That was a hard one to learn.

@Whodat@VyncDidn't know about VA Disability or Veteran help organizations, except for dental which had to be done in like 90 days after ETS. Had no clue that I could even apply for my disabilities for about 15 years after I got out. Those getting out now have a good head start on what to do.

Yes the exit exams were a joke but of course most military individuals just want to get the exam done and over with. Same with the examiner. If I had it to do over again I would handle it differently. Your right about that backpay too.

This is not so much a question as it is to let my PTSD brothers and sisters know about something that happened to me many years ago and could happen to them. I’m PTSD 70% (MST), lumbar 20% and wrist 10% and many years ago was involved in a car accident. At the time of the accident I was seeing my VA MH doctor. The accident was the fault of a large company where I live and because of my lumbar and cervical problems I was injured even more and had to go after them to get the surgery needed on my neck. They said it wasn’t their fault of course. I got an attorney and started the process. During this process of fault their attorneys were able to pull my medical records which show my mental health status and ALL the details of everything I’ve ever said to my doctor in confidence. When we went to mediation I was asked questions regarding everything. I was upset, embarrassed, appalled, and my husband was sitting in the mediation too so got to hear everything is never told him. And of course they used it against me. On that day I decided to stop seeing my VA MH doctor. I was re-traumatized by everything they said. I did see a community care MH for awhile longer but afterward made sure they took no detailed notes and am still upset regarding this and it was 12 years ago. I do not know if this was legal and pretty much stopped seeing MH specialist off and on for this exact reason. When I talk to them I am guarded and shouldn’t have to be. Just a heads up if this happens to you to see if you can place a hold on some records. Hope this helps someone.

Sounds like you have a good case. I won my case for lumbar strain, left wrist and PTSD BVA back in 2007.

Whodat, my husband started his claim in 2015 and so also are at “hurry up and wait”. Can I ask you what your claims are and if you represented yourself? Did you look at claims with other judges that had the same issues? Has your claim gone back to the judge yet? My husbands is a very difficult case since his is for hemochromatosis. Our attorney supplied our judge with 2 BVA cases that won. Not sure if it will help later. I hope you get your claims decided soon and they are all accepted. 5 years will be a great backpay.

Thank you for that. Had no clue that the fees are paid differently at CAVC level. Since I’ve never been any farther than at the BVA level I should probably start looking into the logistics, just in case.

Sorry this is getting to you late. Not sure any information I have will help. My husbands claim went before a BVA judge June 8th. He is a legacy claimant. It took about 2 years. His claim was done via teleconference and was pretty simple getting on. We have an attorney that supplied us with the info to logon etc…. and we had a little online get-together with him prior to the judge logging in. The judge asked a few questions and if any of the questions were confusing the attorney helped in that area. We were not content with the judge we got, who seemed new to the claims process. Our attorney had to name some cases that BVA agreed with disabled vets on that ran along the same route as ours and the judge did not want to look at them. He was just kind of argumentative regarding the claim. Our attorney told us later that MOST of the judges are very accommodating and willing to be open minded. The judge did request additional nexus letters from doctors and gave us the 90 days for that. We got all the nexus redone and sent back in and are now waiting on notification that they’ve received our documents and it’s gone back before the judge. I’m hoping his group of attorneys that work on the claims are able to see that we had already supplied everything and agrees that my husband is 100% with SMC’s. I hope this helps a little. When I applied for mine I made it to BVA and settled at that time, so we’ve been any farther than we are now. Hope you seen quickly and get what your looking for.

Our attorney did during the meeting with the judge in June. The attorney said this judge he’d never heard of or seen before and seemed somewhat confused regarding VA law. The judge said VA can’t look at SSD determination and their doctors evidence. Our attorney turned in the SSD determination and the doctors info anyway. This judge also said some other confusing things like he hadn’t received some of our evidence, etc… He didn’t question my husband hardly at all and our attorney had to argue a few other points as well, which irritated the judge somewhat. I am hoping that the judge seeming new to the process looks more closely at the evidence at hand. I had heard that VA had hired more judges to help with the flow. If we need to keep fighting we will do that. It’s been 7 years, so we are in for the long haul. It took me 5 years to win mine at BVA level.