17 Va Manuals?

[Guest Morgan]

I talked to a VA adjudicator today and found out that my husband's claims are already with the rater. I told her I had sent all of the evidence and supporting documents needed for making a decision, including the CFRs and supporting statements from the M21-1 adjudication manual. She said the claim was certainly well prepared and neat, and that would be helpful in making a decision. Then she said they use 17 manuals to make the decision. I had no idea they use so many manuals. Do any of you know what the other manuals are and if they are online too?

Carrie

[Guest Berta]

Carrie- I sure understand your concern to focus on the SMC R-

If you do consider the Sec 1151-

you could just make it a ball park claim-

"The veteran's entire set of VA medical records will reveal that he was misdiagnosed numerous times and has received additional disability due to these medical errors."

And maybe send a copy of Dr. Bash's letter with it- as to the substandard care.

That way- they might have to come up with something definitive-and grant the 1151 claim.

I have a Sec 1151 vet who believes that he will die of the Section 1151 causes and his widow will get DIC with little trouble.

But he also has potential other direct SC claims and will not file them (he gets 50% comp for PTSD and also 100% for 1151 and something else is SC)

I think a vet should claim both direct SC disabilities and Sec 1151 SC when appropriate because no one can predict what their cause of death will actually be from.

And DIC is usually never too easy- I really believe the VARO (and most SOs) take advantage of a grief stricken spouse and can make these claims miserable for them.

I mentioned a case on the old board-

A vet with severe SC hearing loss died of NSC heart attack.

The VARO and BVA denied the DIC claim.

The widow appealed to the court and proved with medical evidence that the SC hearing loss and it's affect on the veteran's balance and walking had made him so sedentary that he developed heart disease and died of it.

The CAVC granted her DIC as the SC disability had contributed to his death.

She was persistent and had laid out a logical argument with medical rationale. I dont remember if she had an IMO but she probably did.

How easy it would have been fot the VA if she had just given up.

[Guest Morgan]

Berta,

I'll wait until the pending claims are settled and then do that. I like your statement and will use it. I talked with an attorney this morning about another veteran's denied claim for AO tongue cancer. I briefly told her what is going on with my husband and she wants to work on this with me. A very nice lady who handles tort claims as well.

You know, I need a breath of energy. I am exhausted and all of this is so intense that I feel like the little red engine that couldn't ...

I understand what you say about wanting your claim to succeed in honor of your husband. I am praying that it does. I can hardly wait to hear your good news. You have sown good seed into the lives of many veterans and their families, and a harvest is coming for you and yours! You will reap what you have sown. B) Sure would be a good Christmas present for you.

Carrie