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bufloguy

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Posts posted by bufloguy

    Request For Reconsideration

    in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC

    Posted

    Thanks for all the advise. I've got the request typed up on a 21-4138, I've included Dr Bashe's IME and some lay statements. Hope the VA reads this time.

    I do have a Vet Rep, who said to me that it's too hard to fight a PTSD denial, so he filed a claim of depression & anxiety without telling me, which I just found out to day. So I think I'll hand deliver the recon my self.

    Thanks again for the help.

    Request For Reconsideration

    in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC

    Posted

    Bertha,

    Thanks for your comments and questons. Was the Language of the letter ok? I'm not a very good writer.

    1. Also -can you refer them to specific medical evidence and attach copies of it for all points you have made?

    Good point, I can do that.

    2. Do you have any buddy statements from family members , employer, or any doctor to verify the numbing of your hands?

    I guess I can get some, I have an EMG that is positive.

    3. PTSD claim- no C & P? I don't know what to say here on that without more info as to why they denied the PTSD claim.

    Claim was based on a serious car accident that happened 20 years ago. Claim was well documented, but rater blew the claim off. At the time the rater acknoldged my nexus from my pdoc, acknowledged the accident happened, but would not acknowledge that I could still be suffering from PTSD.

    4. If Dr. Bash supported the rest of your claim-make sure they have copy of the IMO.

    Dr Bash supports the claim, stated that I should be 30 for neck, and 20 for each hand.

    5. He does not do PTSD claims but his opinion should be considered on the rest of the claim.

    He was able to do the PTSD as he claims it is secondary to my 70% TBI which occured the same accident. He provided a few great citations, and and with his training he can connect the dots. So I have a nexus from him & my pdoc.

    6. Did they have his IMO but they ignored it when they made the decision?

    No they didn't. I decided to hire the big guns after beig refused.

    Thanks for everything!

    Request For Reconsideration

    in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC

    Posted

    Not to sure how to wrtieup the request for reconsideration, any assistance would be greatly appreciated.

    May 5, 2010

    IM A Vet

    My Town USA

    CSS: 000000000

    Dear Sir/Madame;

    I ask that the VA to reconsider the decision of November 12, 2009 for the below conditions.

    If my request for reconsideration does not properly resolve my claim issues, please consider this as a formal Notice of Disagreement.

    1. Cervical condition rated at 20%.

    -I feel that I should have been rated 30% for this condition due to frequent occipital headaches and the extreme pain that radiates into my shoulders and arms.

    2. Right C7 radiculopathy rated at 0%.

    - I feel that I should have been rated 20% for this condition due to the frequency of my hands becoming numb after only sitting or driving for 20 minutes. Furthermore I have lost hand strength.

    3. Left C7 radiculopathy rated at 0%.

    - I feel that I should have been rated 20% for this condition due to the frequency of my hands becoming numb after only sitting or driving for 20 minutes. Furthermore I have lost hand strength.

    4. Denial of Post Traumatic Stress Disorder.

    - There are several issues with the denial:

    1. The claim was well grounded and plausible, but the rater failed to consider all the evidence presented. Furthermore, the rating authority failed to explain why they did not consider the evidence of record in the file which was favorable to my claim. Case law from (10-12-90) establishes in Gilbert v. Derwinski VetApp. 49 (1990) that the VA is mandated to explain its reasons or bases to the veteran its factual finding and its conclusion why the veteran was not entitled

    2. I was not afforded a Compensation & Pension exam as stated in 38 USC 5103 - Sec. 5103A. Duty to assist claimants;

    (1) The Secretary shall make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claimant's claim for a benefit under a law administered by the Secretary.

    (2) In the case of a claim for disability compensation, the assistance provided by the Secretary under subsection (a) shall include providing a medical examination or obtaining a medical opinion when such an examination or opinion is necessary to make a decision on the claim.

    Attached is a letter from Craig N. Bash M.D. which provides strong evidence for a favorable decision in this matter.

    Respectfully,

    I'm A Vet

    Hi Everyone

    in VA Disability Claims Research

    Posted

    Welcome abaord Scythis!

    I'm in a similar situation, I see my Tdoc (therapist) weekly and see my Pdoc (psychiatrist) whenever I need medication. The system works fine for me, even when I run out a med, and cant get in to see my pdoc. The new pdoc usually just looks at my records, asks how I'm doing, and gives me my refills.

    Tbi Years Later

    in TBI Traumatic Brain Injury

    Posted

    dsgsr,

    I had my car accident in '89 was pretty bad, smashed my head on the windshield as well. I managed to get service connected as the accident was recorded in my SMR's. I also was given a nueropsych exam, and was diagnosed with a TBI. I was able to get my PCP to write a good NEXUS letter based on the above. Good luck should you decide to file a claim.

    Duty To Discuss Evidence In A Refusal

    in VA Disability Claims Research

    Posted

    I think I've done my due diligence in looking for an answer to this . . . Does the VA have a duty to discuss all evidence in a denial of benefits letter. The reason I ask is that in a recent denial letter, the RO touched on a few points in clinicians notes, but failed to discuss most of the evidence presented, which would have proven my case. I'm starting the NOD, and I am looking for any way to ding the RO. Thanks!

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