Heart Disease

[popolop]

I want to know what can i do when the admin judge remanded my case back for the RO to try and establish etiology for my heart disease.Their argument was that because i was given a diagnosis of "chest wall pain" while in the army back in 1978 to 1982 that it did not establish a heart condition.I actually received an EKG and there was no blood work or heart cath.The judge wanted them to give me an exam and then make another medical opinion.Well they said that the exam was not necessary and they render the same medical opinion.Even when the judge asked them to and said that she thought that the many times i went on sick call for chest pains may have something to do with my condition now.Please advise

[Meddac]

I want to know what can i do when the admin judge remanded my case back for the RO to try and establish etiology for my heart disease.Their argument was that because i was given a diagnosis of "chest wall pain" while in the army back in 1978 to 1982 that it did not establish a heart condition.I actually received an EKG and there was no blood work or heart cath.The judge wanted them to give me an exam and then make another medical opinion.Well they said that the exam was not necessary and they render the same medical opinion.Even when the judge asked them to and said that she thought that the many times i went on sick call for chest pains may have something to do with my condition now.Please advise

I have no experience with the RO deliberately dis-obeying an order. BVA would remand the case and "tell" (not ask) the RO to have an opinion exam performed. I haven't seen a case in my time where the RO decided that the judge's order was un-necessary. While I am sure it may have happened before, I've never seen it. That would border on calling the Judge "unfit" for his/her duties.

Edited March 17, 2009 by Meddac

[broncovet]

The RO disobeyed the BVA judges order in my case, by "interpreting away" the judges order. The BVA judge awarded a "complete grant of benefit sought" which the RO "interpreted" to mean zero percent of one of the benefits sought, and to simply ignore all the other "benefits sought". When I filed a NOD, the RO "interpreted" my NOD as a claim for benefits.

This is just one example of where the RO can "blow off" the BVA judge if they so desire. Another, more common way is by remands. The BVA judge remands the decision to the RO, the RO denies, the BVA remands again..the RO denies again..you can play that remand game for life.

If the RO wants to deny you, there is nothing the BVA or anyone else can do. There is no accountability on the RO level, so they do what they please and dont worry about who it offends.

[Meddac]

The BVA judge awarded a "complete grant of benefit sought"

Bronco... What exactly was the benefit sought? What exactly did you ask for? You keep saying you were awarded a "complete grant of benefit sought", but I have yet to see what the "benefit sought" was.

[popolop]

Bronco... What exactly was the benefit sought? What exactly did you ask for? You keep saying you were awarded a "complete grant of benefit sought", but I have yet to see what the "benefit sought" was.

i did not state that i received any award you have me mixed up with bronco i'm popolop

[broncovet]

The "benefit sought" is in dispute, largely due to shredded documents. Of course, The RO contends the Veteran sought "merely hearing loss", and hus a minimum of benefits. However, I have a letter sent with the application explaining that the hearing loss caused me to fail a physical, which resulted in termination of employment. I further stated, " The bottom line is that I have a hearing loss (from military service) and have not been able to get a job."

The medical evidence shows that SC hearing loss led to depression and TDIU. My contention is that when a Veteran seeks benefits, he is seeking the maximum..not the minimum. That is, how many people when applying for a job, are seeking the lowest possible wage? Is it not true that people, when they are applying for something, are seeking the maximum benefit? JMHO

[sharon]

You need to have a nexus. Do you have a medical opinion stating conneciton between the chest pain in the military and the heart condition you have now? When where you first diagnosed with heart disease? Have your docter review your service medical records and give a statement.