Claims Denied

[Capt.]

Well, lets see my cfile went to the rating board on April 1 at 1800 hrs in Jackson Miss. I sent an Iris inquiry on Friday just to make sure it did and they had already reached a decision on it April 4. DENIED ON ALL CLAIMS.....so here we go thru the process. I am waiting on the official word from the letter that is coming. They could not even look at the first page on my cfile in 3 days. Tells you how well they read or the lack thereof. Now comes the fun and games. APPEALs, NOD's whatever.I am not sure what I want to do at this point. NEVER GIVE UP. God Bless, C.C.

[Berta]

and fortunately Bill- your Nod falls into the Lawyers for vets regs-

the VA is having there best people take over claims that lawyers hold the POA on-

these claims go to the RO employees who actually know VA 101.

And Lawyers will not put up with some of the Bull crap SOCs we get.

Like our vet reps do.

[Capt.]

Hello Berta,

I have tried to get a lawyer but I have had no luck. I have contacted one from the recommended list of VA lawyers from Hadit. She is overworked and has a pile of veterans cases and says she wants to try and find a lawyer in D.C. to take my case but I would like some kind of help from a lawyer that will definitely take my case but finding one is not as easy as everyone says. The statement I keep hearing is ...."I am going to get a lawyer".....leaves me wondering how do you do that? They are not on every street corner and I have tried to get one and cannot. Yes , I want a lawyer and I do not need recommendations but I need a solid one right now. My letter of denial with the ssoc has not arrived yet but it is suppose to be on the way. ANY HELP right now will be appreciated. Thanks again Berta for your help as always ....it has helped me to hang in there. God Bless, NEVER GIVE UP. C.C.

[Berta]

http://www.vetadvocates.com/ (NOVA)

There are 75 lawyers listed who represent veterans-in appellate stages of the claims process.

http://www.attorneys4veterans.com/

at this link are 17 attorneys who handle VA claims as long as the NOD was filed AFTER June 20, 2007.

I would try this list first if I were you-

Project Salute-I dont know how many attorneys they have and many more are being trained now

They are for income limited veterans.

Also if an attorney cannot help you they can often make a referral.

There are other attorneys out there like my own personal lawyer and even a lawyer I met at another vets last week site who wanted the info from me as to the training so they can represent veterans.This list of lawyers will surely begin grow due to the NOD June 20,2007 law.

[Capt.]

Hello Berta,

I just went to the mailbox last night and sure enough the denial was there. Basically they just used the typical you have not shown reply," service records do not show you were treated for blah blah blah....",the military separation examination completed documented a normal examination....blah blah....,service connection on a prsesumtive basis much also be denied.....,You submitted records showing numerous soil, groundwater adn other studies that were performed at Fort Greely, Alaska, The details of EACH OF THESE STUDIES WILL NOT BE DISCUSSED???????

Statements from Dr. X and DR. Y regarding the causal relationship between your medical condition and exposure to chemicals, toxins, etc. during service are based on YOUR OWN ACCOUNT of being exposed to these agents and/or results of studies you brought in on toxic wastes to which you reported being exposed to while in the military service in the 1970's. Although your service records confirm you were stationed at Fort Greely , Alaska , your primary duties are shown as clerk typist and administrative specialist. In summary , the medical opinions provided are based on the premise that you had actual exposure to numerous chemicals and toxins while stationed at Fort Greely performing military duties. However, this is not supported by the military records. THERE IS NO EVIDENCE SHOWING YOU WERE EXPOSED to any of the claimed chemicals or toxins during military service. Therefore the medical opinions provided have no probative value since exposure to the chemicals during service is not shown by the evidence of record.....

Per court of Appeals for Veterans claims decision Reonal v. Brown, 5 Vet. App 458 (1993) a medical opinion which is based on an inaccurate factual premise has no probative value. While professional opinions must be considered, VA is not bound to accept any opinion (from a VA examiner, private physician, or other source) concerning the merits of a claim(Hayes V Brown 5 Vet App 60 (1993) Reasonable doubt and one within range of probability as distinguished from speculation or remote possibility. The rule regarding benefit of reasonable doubt does not apply because the preponderance of evidence is unfavorable.

As you can see they ignored the evidence. They ignored specifice Army documents that I was also with Post Engineers and operated Dozers and Motor graders. Also Dr. Groner and Dr. Bash specifically reviewed documents and test made their IMO. The test from VA are all without argument. The evidence I sent is expressed and stated with agencies reporting the risk and the amount of chemicals and toxins and listed as Hazardous. The VA did not answer the acute subacute rule of 38 CFR verses chronic and the cases I listed in the SSOC. Also with specific doctors nexus showing chronic being latent for up to decades.Totally left out. The records show the numerous Upper respiratory infections from Fort Greely and noted by Dr. Bash and Dr. Groner, but the VA says that on several of the problems, "you were treated for this episode and and the condition resolved". This is clearly pick and choose for the VA. They have ignored specific records, specific SSOC statements, and have not used the SSOC with the 38 CFR listed but only the 38 CFR that they want to use. Totally ignoring specific parts of the CFR which deal with other diseases and chronic. Now comes the appeal. I am going to have to probably drop some of these claims which just happen to be secondary and were filed by them automatically. The problem seems that everything I have listed they counter by saying it was either resolved in service with no complaints or it cannot be service connected because I have not shown any connection, there is no evidence. Why won't they discuss those records when I have pointed them out and supplied them with everything they wanted? I am going to try and scan the denial, 50 pages or so and have it ready for later. I am trying to figure out how can you force them to acknowledge , them receiving the 38 CFRs and court cases showing Chronic and remaining latent for decades. Those Veterans were awarded because they precented the evidence. I have even noted those cases in the SSOC , but no mention of that. Totally ignored along with much more evidence. To say that these records will not be discussed .....means what? I cannot present evidence then nor can anyone. Now comes the fight. Thanks for everyones help. God Bless, NEVER GIVE UP. C.C.

[Capt.]

Hello Everyone, I would like to stress the importance of statements that the VA has used because some of you are also going to possibly be given this same treatment. When can the VA says "each of these studies will not be discussed" this means no evidence can be brought forward to help the veteran. According to the CFR's 38.3.311"Sound scientific evidence means observations, findings, or conclusions that are statistically and epidemiologically valid, are statistically significant, are capable of replication, and withstand peer review, and "sound medical evidence" means observations , findings or conclusions which are consistent with current medical knowledge and are so reasonable and logical as to serve as the basis of management of a medical condition." Is this cause for the CUE to be enforced on the Appeals???? The evidence is supplied but ignored. IMO's correctly done. Also concerning acute and subacute rulings 38 CFR 3.309(e) and 38.307, the VA must allow chronic rulings due to 38 CFR own language and the BVA cases precedent.

Fellow veterans , I do not know how much more to present as far as evidence. I feel I need to get before someone that will look at the evidence. I already have the letters from Medical Doctors and IMO's stating chronicity and latentcy of these diseases. The VA has not come up with any causes or etiology. I have. I am ready to appeal and will but should the appeals stay within a group at the VARO who obviously is renegade and refusing by their own words not open to discussion of evidence as they stated. Is this legal? Has any other veteran been denied in this way? What do you do next if they will not discuss this? How can an appeal be made if they won't discuss your evidence? I have used most of the great suggestions and help from many of you here and know that I have prepared a good claim but it now has been hijacked. I have heard so many of you say the same thing I am saying and know now the frustration that many of you have gone thru.Its really crummy and I hope this means I now can do something about it. I am sorry for rambling on but I did list word for word in my other post some of the stuff they have stated. Any ideas will be helpful ....I still hope I can find a lawyer from Bertas list. God Bless, NEVER GIVE UP. C.C.

[Capt.]

Hello Everyone, I would like to stress the importance of statements that the VA has used because some of you are also going to possibly be given this same treatment. When can the VA says "each of these studies will not be discussed" this means no evidence can be brought forward to help the veteran. According to the CFR's 38.3.311"Sound scientific evidence means observations, findings, or conclusions that are statistically and epidemiologically valid, are statistically significant, are capable of replication, and withstand peer review, and "sound medical evidence" means observations , findings or conclusions which are consistent with current medical knowledge and are so reasonable and logical as to serve as the basis of management of a medical condition." Is this cause for the CUE to be enforced on the Appeals???? The evidence is supplied but ignored. IMO's correctly done. Also concerning acute and subacute rulings 38 CFR 3.309(e) and 38.307, the VA must allow chronic rulings due to 38 CFR own language and the BVA cases precedent.

Fellow veterans , I do not know how much more to present as far as evidence. I feel I need to get before someone that will look at the evidence. I already have the letters from Medical Doctors and IMO's stating chronicity and latentcy of these diseases. The VA has not come up with any causes or etiology. I have. I am ready to appeal and will but should the appeals stay within a group at the VARO who obviously is renegade and refusing by their own words not open to discussion of evidence as they stated. Is this legal? Has any other veteran been denied in this way? What do you do next if they will not discuss this? How can an appeal be made if they won't discuss your evidence? I have used most of the great suggestions and help from many of you here and know that I have prepared a good claim but it now has been hijacked. I have heard so many of you say the same thing I am saying and know now the frustration that many of you have gone thru.Its really crummy and I hope this means I now can do something about it. I am sorry for rambling on but I did list word for word in my other post some of the stuff they have stated. Any ideas will be helpful ....I still hope I can find a lawyer from Bertas list. God Bless, NEVER GIVE UP. C.C.