Bva Research Is Helpful In Preparing Your Claim

[Notorious Kelly]

I've seen it stated to research BVA cases so I finally did today here:

http://www.index.va.gov/search/va/bva.html

Many have said, "The VA doesn't care what you think."

Here is proof of that in the VA's words:

"Although the Veteran may believe that he has current

arthralgia related to service, including the mine explosion

therein, as a layperson he is not competent to provide a

medical opinion regarding medical nexus.

Although the Veteran may believe that he has current

degenerative arthritis related to service, including the mine

explosion therein, as a layperson he is not competent to

provide a medical opinion regarding medical nexus."

Knowing this will prevent me from stating my opinion in lieu of a qualified nexus. I now recommend doing searches of your conditions.

Here are some more examples of useful phrasing. They may not apply to your case, but seeing what people are approved/disapproved for certainly is helpful:

"Peripheral neuropathy of the lower extremities was not

incurred due to active service

The examiner noted the activities of daily living were

impacted as follows: chores, shopping, recreation, and

traveling were severe; exercise and sports were prevented;

bathing, dressing and driving were moderate; and toileting

and grooming were mild.

In such cases, consideration must be given to factors such as

a lack of normal endurance, functional loss due to pain and

pain on use, specifically limitation of motion due to pain on

use including that experienced during flare ups.

ratings in excess of

the assigned schedular evaluations for the veteran's above-

noted disabilities may be granted when it is demonstrated

that the particular disabilities present such an exceptional

or unusual disability picture with such related factors as

marked interference with employment or frequent periods of

hospitalization as to render impractical the application of

the regular schedular standards

There is no evidence that any of the Veteran's service-

connected disabilities addressed above has presented such an

unusual or exceptional disability picture at any time as to

require consideration of an extraschedular evaluation.."

[Hoppy]

Notorious,

Over the years I have bumped heads with newby's on several ocassions. They start reading CFR's and the M-21 and start using out of context and vague general rating proceedures to justify their claim. Their claim has major problems and the only way I can give them perspective so they can focus is to start posting BVA cases. The BVA cases give you insight into how the VA applies the laws and gives weight to the evidence. You need a complete attack based on the CFR's the M-21 and the knbowledge gained by reading BVA cases.

[Pete53]

The key to winning a claim in my opinion is to focus on what the VA claims the Veteran needs to win the claim. Like John999 has said many times if you are going for 100% and you can't prove a PTSD stressor that VA will accept than use a comoribid condition that a Doc will certify for you like Depression.

If you get all hung up on the right and what VA should do you will spend years in the VA merry go round and may or may not win.

[Stretch]

BTW, my X-Wife (Div. 1975), wrote that she believed that I could be Manic-Depressive as well as other mental. This statement was a conclusion to a long letter that she had written for me.

This simple statement was enough for the VA to deny her entire letter, because she was not competent to give a medical opinion.

It is important for the veterans to know that only Doctors can give a medical opinion. The VA can use a simple statement to deny the entire letter.

[Philip Rogers]

While you may not be able to diagnose, a condition, you can list/state your symptoms. Researching both the BVA and CAVC can help your claim. You can easily find similiar claims and use their rational to argue your claim. Also, you can see how the VA thinks. jmo

pr

I've seen it stated to research BVA cases so I finally did today here:

http://www.index.va.gov/search/va/bva.html

Many have said, "The VA doesn't care what you think."

Here is proof of that in the VA's words:

"Although the Veteran may believe that he has current

arthralgia related to service, including the mine explosion

therein, as a layperson he is not competent to provide a

medical opinion regarding medical nexus.

Although the Veteran may believe that he has current

degenerative arthritis related to service, including the mine

explosion therein, as a layperson he is not competent to

provide a medical opinion regarding medical nexus."

Knowing this will prevent me from stating my opinion in lieu of a qualified nexus. I now recommend doing searches of your conditions.

Here are some more examples of useful phrasing. They may not apply to your case, but seeing what people are approved/disapproved for certainly is helpful:

"Peripheral neuropathy of the lower extremities was not

incurred due to active service

The examiner noted the activities of daily living were

impacted as follows: chores, shopping, recreation, and

traveling were severe; exercise and sports were prevented;

bathing, dressing and driving were moderate; and toileting

and grooming were mild.

In such cases, consideration must be given to factors such as

a lack of normal endurance, functional loss due to pain and

pain on use, specifically limitation of motion due to pain on

use including that experienced during flare ups.

ratings in excess of

the assigned schedular evaluations for the veteran's above-

noted disabilities may be granted when it is demonstrated

that the particular disabilities present such an exceptional

or unusual disability picture with such related factors as

marked interference with employment or frequent periods of

hospitalization as to render impractical the application of

the regular schedular standards

There is no evidence that any of the Veteran's service-

connected disabilities addressed above has presented such an

unusual or exceptional disability picture at any time as to

require consideration of an extraschedular evaluation.."

[Berta]

I sure agree- the BVA is an invaluable way of feeling the 'pulse' of the VA-

the BVA people who prepare these decisions are lawyers -they know how to read-

and they are more fair in weighing the evidence than the ROs.

I knew the BVA would award my claim.

But if BVA could do it-why didnt the RO read my evidence for 6 years and come to the same conclusion?

The prime focus of the CAVC,when a vet is denied at BVA and pursues at the CAVC-is to see if the BVA made any errors that were critical to the outcome of the claim.

By time of CAVC docket-the chance is gone to send in more evidence.

The fact that many BVA decisions are upheld by the CAVC and few get remands or -in very few cases- are awarded at the CAVC indicates the BVA is doing a good job-

a good however inordinately lengthened and made more difficult by the ROs.

In a recent letter to the Chairman of the H VAC I again griped about the fact that remands are "re-dos" of what the RO could have done right in the first place.

That fact is evident at the BVA web site.

The BVA does make errors.But no where near the level of errors at the VARO level.

I have only seen 2 or 3 BVA decisions in the last 5-6 years that didnt seem to make sense.A vet can usually file a Motion for Reconsideration on BVA decision- but they have to watch out for the US CAVC filing deadlines too.

Also sometimes the BVA will give full name of an IMO doctor or at least their initials.

If a vet with a very similiar claim needs this type of IMO-they can try to find the IMO doc who opined in the BVA decision.

[MikeR]

I sure agree- the BVA is an invaluable way of feeling the 'pulse' of the VA-

the BVA people who prepare these decisions are lawyers -they know how to read-

and they are more fair in weighing the evidence than the ROs.

I knew the BVA would award my claim.

But if BVA could do it-why didnt the RO read my evidence for 6 years and come to the same conclusion?

The prime focus of the CAVC,when a vet is denied at BVA and pursues at the CAVC-is to see if the BVA made any errors that were critical to the outcome of the claim.

By time of CAVC docket-the chance is gone to send in more evidence.

The fact that many BVA decisions are upheld by the CAVC and few get remands or -in very few cases- are awarded at the CAVC indicates the BVA is doing a good job-

a good however inordinately lengthened and made more difficult by the ROs.

In a recent letter to the Chairman of the H VAC I again griped about the fact that remands are "re-dos" of what the RO could have done right in the first place.

That fact is evident at the BVA web site.

The BVA does make errors.But no where near the level of errors at the VARO level.

I have only seen 2 or 3 BVA decisions in the last 5-6 years that didnt seem to make sense.A vet can usually file a Motion for Reconsideration on BVA decision- but they have to watch out for the US CAVC filing deadlines too.

Also sometimes the BVA will give full name of an IMO doctor or at least their initials.

If a vet with a very similiar claim needs this type of IMO-they can try to find the IMO doc who opined in the BVA decision.

Based on what you say here, would I be better off letting the PTSD stuff drop and not appeal to the CAVC as part of my claim (ie. CID Investigator) is trailblazing, or should I just file for depression? Of course the records don't say why I had depression. Just treatment with suicidal ideation.

Thanks

Mike