I really want to thank Hadit and the great group here for their help over the last yr and because of the knowledge passed to other vets I would like to let some of you know what the VA is doing with me.
The VA has tried several little favorite tactics to discourage and stall me.Here are some of them and it will show the importance of the Veterans careful planning and answering the VA to stop them from there favorite tactic STALL , and second DENY.
I am only sharing what has happened to me and what I have done in my claims. (32) not by choice, PN, IBD, Chronic Diarrhea, Hypertension Dry Eyes, Sleep Disorder, COPD, just to name a few of them .
Answer every VCAA letter, KEEP copies and MAIL Registered, Certified, return signature on everything.
a. The VA told my VSO that I did not answer a VCAA letter. I produced a copy of the letter , my return answer, and copy of signed Mail return......end of that battle.
b. They said I "have no evidence".
My Cfile is over 3 giant ring binders and loaded with SSOC, 21-4138, 3 lengthy doctors nexus, VA progress reports since 2001 , Government agency reports(BRAC, ADEC,EPA,US CORP OF ENGINEERS,US ARMY etc) Buddy Statements, BVA court decisions, Lay statements, all sent certified mail, return receipt copy.
C. The VA uses the CFRs and likes to choose the ones they try to deny a claim. There is usually a counterpunch to the CFRs. Such as Radiation Ionization CFR 38. 111 where the veteran just about has to be involved in a nuclear blast. However using 38 CFR 111. b (4)"If a claim is based on a disease other than one of those listed in Para b (2) of this section, VA shall nevertheless consider the claim under the provisions of this section that the claimed condition is a radiogenic disease and under (5) (iv) "other diseases specified in paragraph b (2) of this section must become manifest 5 years or more after exposure.(Authority: 38 U.S.C. 501(a);Pub.L.98-542."
D. The Peripheral Neuropathy claims from BVA usually are denied because of the Acute , Subacute rule.38 CFR 3.309(e)that they try to use on everyone, but presumptive service connection for a CHRONIC disease says alot more. See Combee V. Brown 34 F. 3d 1039(Fed Cir.1994). Providing a doctor or in my case 3 doctor nexus and 2 VA doctor agreements the case I also included from past case BVA Docket 04-19 301, 3/14/06 states "Dr. Durham begins his letter by noting that he has taken several comprehensive histories from the veteran and can find not other type of exposure either personal or industrial that could potentially account for the veteran's neuropathy. He also noted reviewing the veteran's VA medical records, including the above examination report, his own medical records, VA's Guide on Agent Orange Claims, and the veterans rating decision. Dr. Durham acknowledged that the veteran's claim was denied because he did not complain of symptoms within the very short time period cited by VA after exposure to herbicides. He stated that it is clearly documented in the medical literature that neuropathy can be latent for a period of up to decades, and a denial based on short term exposure and short term initiation of acute complaints seeems to be somewhat arbitrary. He opinied that given that the veteran does not have any evidence of any of the major problems with which neuropathy is often associated, there is at least a 51 percent probability that the veteran's neuropathy may be directly linked to exposure to dioxin/Agent Orange.....Service connected ,,,GRANTED to this particular service man.
I would like to say that the folks here at Hadit have helped me to produce this type of evidence and though I am still waiting for service connection and a rating it is only because of the help and encouragement I have received that I could bring the evidence and a correct way of propelling my claim forward.
Please understand that my case in now in Washington , D.C. It was at the VARO in Houston , then sent to Jackson VARO and because of the huge amount of carefully documented evidence the raters and adjudicators decided to "pass it off" to Washington. It is well grounded and well prepared.
I have no C&P exams yet , though most of the testing has been done by the VA and the results are in my favor. I am ready for that too because the C & P must provide me and all veterans with the Cirriculm Vitae to show their "expert" is qualified...... that he will not be able to refute the multiple nexus's I have coupled with the evidence and test.If he is not qualified then this will be brought to the attention of the VA and will be used later if necessary against them.
I have extremly incriminating evidence from my Service Medical records and I also agree with the Hadit board on the IMPORTANCE of IMO's and the CORRECT way to diagnose and the CORRECT wording to win in the Regional office or even in BVA, COVA levels. I have literally bombarded the VA with incredible amounts of evidence , test and reports that are specific and supportive of my claim(s).
I have had 2 VSO's , 1 VA lawyer and even VARO , VBA employees say they have never seen a claim like this and the amount of evidence prepared to support the claim(s).
So..... if I win my claim(s) this will set a precidence and could affect many , many vets who have similiar claims and situations. Obviously , I have stated to the VA several times, the reasonable doubt rule...38 CFR, 3.102, Mariano V. Principi warning against the VA doctor shopping and the PREPONDERANCE of evidence cases exceeding a demonstration that there is an approximate balence of positive and negative evidence in order to prevail. Gilbert V. Derwinski, (1990) and to deny a claim on its merits, the preponderance of the evidence must be against the claim. ( Alemany V. Brown) (1996).
Berta , thank you for some personal emails that really picked me up when I was almost ready to quit.
I am sharing what I am going thru so to help someone else.Someone may be getting discouraged, or at the end of their rope BUT PLEASE, DON'T EVER GIVE UP. I may loose at the regional because of the system at the VARO level, but the VA has a real fight on their hands now. If the courts will be fair , then I feel very confident in my claim(s). I am actually having fun messing with their minds and causing my Cfile to grow so large that the VA will need more than one person to carry it around....LOL. I can't even imagine what the postal charge for mailing my file would be. My cfile is HUGE.
Once again , thank you everyone here and I am already helping some other Veterans and Widows with their claims......after all this is how it is suppose to be. Veterans helping other Veterans. God Bless, Bill
Question
Capt.
I really want to thank Hadit and the great group here for their help over the last yr and because of the knowledge passed to other vets I would like to let some of you know what the VA is doing with me.
The VA has tried several little favorite tactics to discourage and stall me.Here are some of them and it will show the importance of the Veterans careful planning and answering the VA to stop them from there favorite tactic STALL , and second DENY.
I am only sharing what has happened to me and what I have done in my claims. (32) not by choice, PN, IBD, Chronic Diarrhea, Hypertension Dry Eyes, Sleep Disorder, COPD, just to name a few of them .
Answer every VCAA letter, KEEP copies and MAIL Registered, Certified, return signature on everything.
a. The VA told my VSO that I did not answer a VCAA letter. I produced a copy of the letter , my return answer, and copy of signed Mail return......end of that battle.
b. They said I "have no evidence".
My Cfile is over 3 giant ring binders and loaded with SSOC, 21-4138, 3 lengthy doctors nexus, VA progress reports since 2001 , Government agency reports(BRAC, ADEC,EPA,US CORP OF ENGINEERS,US ARMY etc) Buddy Statements, BVA court decisions, Lay statements, all sent certified mail, return receipt copy.
C. The VA uses the CFRs and likes to choose the ones they try to deny a claim. There is usually a counterpunch to the CFRs. Such as Radiation Ionization CFR 38. 111 where the veteran just about has to be involved in a nuclear blast. However using 38 CFR 111. b (4)"If a claim is based on a disease other than one of those listed in Para b (2) of this section, VA shall nevertheless consider the claim under the provisions of this section that the claimed condition is a radiogenic disease and under (5) (iv) "other diseases specified in paragraph b (2) of this section must become manifest 5 years or more after exposure.(Authority: 38 U.S.C. 501(a);Pub.L.98-542."
D. The Peripheral Neuropathy claims from BVA usually are denied because of the Acute , Subacute rule.38 CFR 3.309(e)that they try to use on everyone, but presumptive service connection for a CHRONIC disease says alot more. See Combee V. Brown 34 F. 3d 1039(Fed Cir.1994). Providing a doctor or in my case 3 doctor nexus and 2 VA doctor agreements the case I also included from past case BVA Docket 04-19 301, 3/14/06 states "Dr. Durham begins his letter by noting that he has taken several comprehensive histories from the veteran and can find not other type of exposure either personal or industrial that could potentially account for the veteran's neuropathy. He also noted reviewing the veteran's VA medical records, including the above examination report, his own medical records, VA's Guide on Agent Orange Claims, and the veterans rating decision. Dr. Durham acknowledged that the veteran's claim was denied because he did not complain of symptoms within the very short time period cited by VA after exposure to herbicides. He stated that it is clearly documented in the medical literature that neuropathy can be latent for a period of up to decades, and a denial based on short term exposure and short term initiation of acute complaints seeems to be somewhat arbitrary. He opinied that given that the veteran does not have any evidence of any of the major problems with which neuropathy is often associated, there is at least a 51 percent probability that the veteran's neuropathy may be directly linked to exposure to dioxin/Agent Orange.....Service connected ,,,GRANTED to this particular service man.
I would like to say that the folks here at Hadit have helped me to produce this type of evidence and though I am still waiting for service connection and a rating it is only because of the help and encouragement I have received that I could bring the evidence and a correct way of propelling my claim forward.
Please understand that my case in now in Washington , D.C. It was at the VARO in Houston , then sent to Jackson VARO and because of the huge amount of carefully documented evidence the raters and adjudicators decided to "pass it off" to Washington. It is well grounded and well prepared.
I have no C&P exams yet , though most of the testing has been done by the VA and the results are in my favor. I am ready for that too because the C & P must provide me and all veterans with the Cirriculm Vitae to show their "expert" is qualified...... that he will not be able to refute the multiple nexus's I have coupled with the evidence and test.If he is not qualified then this will be brought to the attention of the VA and will be used later if necessary against them.
I have extremly incriminating evidence from my Service Medical records and I also agree with the Hadit board on the IMPORTANCE of IMO's and the CORRECT way to diagnose and the CORRECT wording to win in the Regional office or even in BVA, COVA levels. I have literally bombarded the VA with incredible amounts of evidence , test and reports that are specific and supportive of my claim(s).
I have had 2 VSO's , 1 VA lawyer and even VARO , VBA employees say they have never seen a claim like this and the amount of evidence prepared to support the claim(s).
So..... if I win my claim(s) this will set a precidence and could affect many , many vets who have similiar claims and situations. Obviously , I have stated to the VA several times, the reasonable doubt rule...38 CFR, 3.102, Mariano V. Principi warning against the VA doctor shopping and the PREPONDERANCE of evidence cases exceeding a demonstration that there is an approximate balence of positive and negative evidence in order to prevail. Gilbert V. Derwinski, (1990) and to deny a claim on its merits, the preponderance of the evidence must be against the claim. ( Alemany V. Brown) (1996).
Berta , thank you for some personal emails that really picked me up when I was almost ready to quit.
I am sharing what I am going thru so to help someone else.Someone may be getting discouraged, or at the end of their rope BUT PLEASE, DON'T EVER GIVE UP. I may loose at the regional because of the system at the VARO level, but the VA has a real fight on their hands now. If the courts will be fair , then I feel very confident in my claim(s). I am actually having fun messing with their minds and causing my Cfile to grow so large that the VA will need more than one person to carry it around....LOL. I can't even imagine what the postal charge for mailing my file would be. My cfile is HUGE.
Once again , thank you everyone here and I am already helping some other Veterans and Widows with their claims......after all this is how it is suppose to be. Veterans helping other Veterans. God Bless, Bill
Link to comment
Share on other sites
Top Posters For This Question
4
4
3
2
Popular Days
Feb 27
13
Feb 28
2
Feb 26
1
Top Posters For This Question
Berta 4 posts
Capt. 4 posts
RSG 3 posts
Mcafee 2 posts
Popular Days
Feb 27 2008
13 posts
Feb 28 2008
2 posts
Feb 26 2008
1 post
15 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now