Graves Disease Due To Ao

[Berta]

http://www.va.gov/vetapp07/files1/0704128.txt

This case was granted on an IMO.

The VA had no evidence to the contrary.

This is what my vet rep said he would do for me- present all my IMOs and medical evidence to the DRO for Benefit of Doubt award.

Instead the DRO got a VA IMO and then disregarded in the SOC all of my medical evidence- the IMOS and the other siginifcant med recs etc were never considered and I was denied even the

considertion of Benefit of Doubt.

This recent BVA not only shows that any disability-with medical evidence can be Sced due to AO and it also shows what DTA and the Benefit of Doubt regs mean.

"Service connection may be granted when all the evidence

establishes a medical nexus between military service and

current complaints. Degmetich v. Brown, 104 F.3d 1328 (Fed.

Cir. 1997); Rabideau v. Derwinski, 2 Vet. App. 141, 143

(1992). In this case, the July 2006 positive nexus supplied

by the veteran's private physician supports the veteran's

claims, and there is no evidence to the contrary on any issue

relevant to entitlement to service connection"

That is exactly the point that I discussed with my rep before he had conference with the DRO-

they had NADA and I had not only enough med evidence to award-

I also had the factor that the VA had documented in my FTCA and Sec1151 awards that

Multiple deviations in a usual standard of care had occurred and all of these deviations hastened the veteran's death."

My rep told me he highlighted all of this documented information and presented the IMOs to the DRO ( although they had many copies of them)

The SSOC shows that never occurrred at all.

I should have won on DTA-he even said it himself- but then the SOC not not support at all what the rep said he did.

This is an outstanding example of the DTA- and even the VCAA- it appears that the vets VCAA might have been violated-but this was a moot issue with the grant of this award.