ptsd Bva Hearing Today

[Testvet]

I was expecting to do a video conference instead I had a traveling judge, he was a nicer person than I thought he would be. My lawyer provided him with waivers to enter new evidence that we had obtained last week by my seeing the Chief of Cardiology of Providence Hospital here is his final statement

"It is as likely as not Mr Baileys PTSD exacerbated his epicardial coronary artery disease and the severity and thus contributed to his epicardial artery disease."

My lawyer also pointed out I have 4 IMOs that all show a nexus and resoning on why my cardiovascular problems are SC and the VA has three opinions one from a radiologist, another from a Nurse Practioner and another froma Family Practioner, none of theirs are from cardioligists but they all include the same statement that there is no literature linking PTSD to cardiovascular disease. Excuse me the NCPTSD has plenty of article linking them.

Now all I ca do is wait for either the remand letter or the award letter.

It went better than I thought.

[john999]

TestVet

I was just rated 60% for heart disease. Do you think that is enough to get some kind of A&A. I am not sure myself. I did not know I was half dead until they told me at the VA. I thik they made a mistake but I will not argue that point.

[carlie]

testvet,

The nexus sounds good.

Can you post the name of your BVA Judge (chairman) and where your hearing was held.

Mine was Judge Jonathan E Day, held in person at Saint Petersburg FL VARO.

It was about 2-3 months before I received a transcript of my hearing.

I think we should start a list on the BVA Judges and their rulings and/or decisions.

Maybe that could be a starting base to see who rules in favor of the evidence presented

and/or who applies the benefit of the doubt towards the claimant.

Here's my crossed fingers for you.

carlie

[Testvet]

John I have no idea, but I can't walk more than 100 feet becuase of the stress it puts on my heart, so they gave me the power chair in Sep 03, and I have to hire the yard done, between my other problems 3 herniated disks and being overweight my wife has to help me take a shower etc, I canm't drive due to the LSD flashbacks (no license) so I am basically helpless without her, it seems like I would qualify for the A&A.

Carlie the only thing I remember was he said his name was Judge Sheply I don't remember his first name, about 60 short hair and glasses. Real nice guy, he got worried when I put my head down while my lawyer was talking, I think he thought I was having some sort of episode in front of him, we had just got done going thru the list of strokes and heart attacks, he asked if we were asking for a claim for a cerebral bascular incident with the April 1992 incident, she said no she was just mentioning it that it should have made my cardiovascular issues a direct service connection based on 3.307 and 3.309 but with the 4 IMOs I had from cardiologists and pyscholigists showing the nexus between stress and cardiovascular problems and the VA used a radioligist, a Nurse Practioner and an Epidemiologist to refute their IMOs she felt that the CV's and work backgrounds were much more substantial in cardiovascular area's than the C&P doctors were. That our doctors opinions should carry a lot more weight than the VAC&P examiners. The Judge told me that if he couldn't see a way to SC from the records he might have to send me to a VA cardioligist for another opinion lol yea right, he did mention "reasonable doubt" and I said something to the effect that would be a first in my case.

[Berta]

WOW- sounds good to me-

Not really good to have all hese conditions- but you know what I mean-

Yes-when the VA awards any type of 100% comp they are definitely supposed to consider SMC.

That is basis of one of my CUEs John.

Since that is basic VA 101 case law (to consider SMC when the evidence warrants consideration)

The VA however stated in 2 past decisions that my husband "was not eligible for SMC consideration under any circumstances."

He was SC 100% PTSD, and well over 100% under Sec 1151 disabilities.

That equals -by virtue of 38 CFR itself-not only SMC consideration but also a SMC award.

But with a proper decision on my present AO claim this will up the ante-

100% SC PTSD,over 100% Sec 1151, and then 100% due to SC AO DMII and complications.

But the VA will have to make a SMC statement on my present claim when it is properly awarded.

That could trump the CUE claim I have pending now.

[Testvet]

Berta I know what you mean lol I am happy to still be waking up everyday I was told in 1997 that the average for Congestive heart failure was ten years I am now 2 years past that so all days are good days if you know what I mean

I still have people to pizz off yet and I am far from finished I have a goal I want to live long enough to collect that million dollars in disability pay so what I need another 20 years I told the nurse the other day when we are arguing about the pnuemonia shots that want us to take that I needed my next one when I turn 65 since I had one a few years ago, I told her if I live until 65 I will gladly take her shot thats only 12 years away lol