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stitcher03

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Posts posted by stitcher03

  1. I know how you feel. I have been working on my claim for six years. Part of it is my fault, because i didn't keep up on my claim, but they will keep the claim in limbo as long as they can. I am hoping, after i get the imo done they will finally grant my claim.

    Good Luck

    Stitcher

    My IMO was $1,600

    and consider it well spent.. so I must say, anything less is a bargain..

    ---

    what bothers me is that my father, while was very sick, got 100% was a heavy cig smoker.. and never spent a day of his life in a doctors office until he file and when he died.. He got 100% no questiions asked,,

    I did not smoke or drink, and spent 6 months in the hospital and the VA refused my claim to go from 50 to 100%

    There is no justice..

    I have an appeal pending..

  2. Berta,

    Were you able to make any of the other wording out about the eye condition in my medical record that i posted. I sure haven't been able to.

    US CAVC -The United States Court of Veterans Appeals- this is one avenue of appeal that veterans have if the BVA denies their claim.

    The CAVC decisions that reverse the BVA are often few and far between but they can be done.

    A lawyer was referred to me- by NVLSP I think- as to his first CAVC case.

    I assessed the case and found 2 BVA errors that hopefully would cause the CAVC to remand and sent him my assessment on that-

    He then also contacted me as these were the 2 errors he found as well-

    -he got the CAVC to remand the claim.

    I was as honest with this lawyer as I could be as he was new to the VAOLA legal crap-and getting up to speed.

    The veteran's claim in my opinion did not stand a chance.

    It involved AO (my area of expertise) but also something that involved my personal pilot school experience as a civilian.

    I told him this claim sure couldnt sound kosher to any BVA or CAVC judge if they had any experience with either AO or flight.

    But the remand could possibly open the door for the vet to provide more evidence that might support the claim.

    (I dont have a clue as to how the vet could do that- he was locked into the exact wording of his claim and his evidence)

    My long point here is three fold-

    1.once at CAVC no more evidence can be offered (unless lost SMRs critical to the claim suddenly show up)

    2. Only a remand could potentially allow a veteran or widow vet to establish more evidence.

    3. The main purpose of the CAVC is to determine of the BVA made Legal errors that were so signifcant a remand was in order - or in rare cases the CAVC would go ahead and award the claim.

    4. CAVC denials can be appealed to the Fed Courts. All of that however can take many years.

  3. I went for a c & p for the skin condition and they came back with a denial. I appealed that decision. i have not heard anything back yet.

    On the ms i was getting no help from dave for my case, so it lapsed. I found an adviser that used to be a service officer in LA. She has helped me reopened the claim. She is wonderful, I contact her when i get correspondence from the VA and she helps with the response. I just found the eye condition in my records about 4 months ago. I remembered have problems with my eyes in and after service, so i asked my mother in-law if she remembered anything and she said yes. I asked her if she would write a lay statement, since the records were not available and she did. I decided to get an imo, because i have only my word and lay statements. I am hoping i will get service connected this time around.

    What is cavc ?

    I don't see any diagnosis or suggestion of neuritis in the med report but perhaps an IMO doctor could use this report to suggest if these are possible symptoms of optic neuritis-I dont know what neuritis symptoms would be.

    The BVA case:

    "The veteran contends that his multiple sclerosis resulted from receiving a hepatitis B vaccination in service. The veteran contends that his multiple sclerosis resulted from receiving a hepatitis B vaccination in service. Service treatment records (STRs) are negative for any report of or finding of multiple sclerosis. An Immunization Record for the veteran revealed no indication that the veteran received a hepatitis B vaccination. A health record note in January 1980 showed that the veteran was exposed to a case of active infectious hepatitis, and was given "2 cc's of GG for prophylaxis". In this case, STRs show the veteran received a prophylaxis (gamma globulin) after being exposed to hepatitis B. There is no indication he received a hepatitis B vaccination at any time during service. In that regard, the Board notes that the fourth document submitted by the veteran draws a distinction between prophylactic treatment after hepatitis B exposure versus receiving a hepatitis B vaccination. Medical treatise evidence can provide important support when combined with the pertinent opinion of a medical professional." The BVA denied some of your issues to include MS.

    The remand only speaks of a skin condition issue.

    What did you do to appeal the BVA denial of the MS?

    Did you file Motion for Reconsideration with the BVA on the MS denial or take the steps to file at the US CAVC?

    If you are considering an IMO for the MS-what made this part of the BVA denial still an open issue?

    There are deadlines for appealing to the CAVC.

  4. Berta,

    Not sure what smr means, but i think it means service medical report. Anyway the doctor in the optometry clinic wrote in 1979 (L.E 2 years eyes hurt (burning sensation). He said other things, but i can't make them out. Will attach the scanned record maybe you can. After i was discharged from the service, i went to a doctor who refereed me to and ophthalmologist who diagnosed me with neuritis and prescribed prednisone. I can't get the medical records from the doctor, because he is no longer there and the records would have been destroyed anyway. I got my mother in-law (who i was living with at the time) to write a lay statement stating the above fact. Optic neuritis is a well known effect of multiple sclerosis.

    I also found my denials in the bva records, so i will attach it too.

    Stitcher

  5. Berta,

    Not sure what smr means, but i think it means service medical report. Anyway the doctor in the optometry clinic wrote in 1979 (L.E 2 years eyes hurt (burning sensation). He said other things, but i can't make them out. Will attach the scanned record maybe you can. After i was discharged from the service, i went to a doctor who refereed me to and ophthalmologist who diagnosed me with neuritis and prescribed prednisone. I can't get the medical records from the doctor, because he is no longer there and the records would have been destroyed anyway. I got my mother in-law (who i was living with at the time) to write a lay statement stating the above fact. Optic neuritis is a well known effect of multiple sclerosis.

    I also found my denials in the bva records, so i will attach it too.

    Stitcher

    0837187.txt

  6. I was officially diagnosed in 2000. I had symptoms from 1977, but i figured they were due to other things.

    I found another Doctor in Georgia that is willing to do an IMO for $1000. That is a lot better than $6000.

    I will try to scan the document this weekend, if i get a chance.

    Thanks for all the advice.

  7. Did any of your MS symptoms appear while you were in service or within 7 years after your discharge?

    Yes, I had eye problems and leg weakness in and after service. In service eye problems are documented in my service medical records.

    Are you able to scan and post the reasons the VA gave for their denial?(cover any personal stuff in the decision)

    I will scan the last denial letter, so you can see it.

    Since the last denial letter, i have gotten three lay statments. One from my buddy, my wife and mother in-law, which i lived with for a year and a half after service.

    I am not able to get my private medical records from 1980 to 1996, because they have been destroyed.

    I contacted Dr. Bash his price is $ 6000.00 to do an IMO. I think thats a little steep, but if it helps i think i am going to do it. What do you think ?

  8. I have had a case against the VA for 6 Years. I have multiple sclerosis and many other problems associated with it. I am looking for a Doctor that will do and imo on me. I am hoping someone will know of a good one. I live in the Las Vegas, Nevada area. Any ideas would be much appreciated.

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