Won My Appeal, I Think...

[jtg1966]

got a response from an IRIS inquiry....i was hammering them hard about what kind of medical opinion was needed...they said they couldn't or wouldn't tell me exactly what kind of medical opinion was needed...told them that under the VCAA they were required to provide me and my represetative notice of what evidence was required.

I also stated that my VA psychiatrist provided a nexus letter on 04/03/09 and that any additional medical opinion would be considered an attempt by the VA to acquire evidence against my claim...and that if they were stating that my VA shrink was not competent to provide care to me or other veterans that they should please alert me so that i could petition the Sec of VA and the director of the wpbvamc to remove him from service before he did any irrepairable harm to me or other veterans that he is unqualified to treat....and this is how they responded verbatum:

Mr. :

I understand that you are extremely upset with they way your appeal has been handled. I am the Assistant Coach of the Public Contact Team. I have gotten with the Decision Review Officer in appeals and asked him to take a look at the information that has been submitted. He just contacted me and informed me that his decision is to grant you Service Connection for your bipolar disorder at 50%. and you will receive a letter within the next couple of weeks. Your file will need to go down to your POA (which is American Legion for them to review) so at this point there is no further information that we can provide. I sincerely hopes that this answers all of your questions. Thanks again for serving your country.

[jtg1966]

you sound like me- when my patience runs out I hit them hard-with more evidence.AND VA case law.

.."told them that under the VCAA they were required to provide me and my represetative notice of what evidence was required."

YES you are right!

"I also stated that my VA psychiatrist provided a nexus letter on 04/03/09 and that any additional medical opinion would be considered an attempt by the VA to acquire evidence against my claim...and that if they were stating that my VA shrink was not competent to provide care to me or other veterans that they should please alert me so that i could petition the Sec of VA and the director of the wpbvamc to remove him from service before he did any irrepairable harm to me or other veterans that he is unqualified to treat....and this is how they responded verbatum"

NICE touch! VERY Interesting premise. *

"his decision is to grant you Service Connection for your bipolar disorder at 50%"

He read your evidence! It worked!!!!

If you feel that is too low rating-NOD them.

Are you able to work?

* (the VA with a strong IMO will always try to shop for a negative VA opinion.I really shouldn't put it that way-I should say VA opinion- This is so that they can justify an award under relative equipoise.It makes sense.

Relative Equipoise means evidence equally in weight for and against the claim.

Whether the C & P is negative or not ,it can be combatted equally with a strong favorable IMO that adheres to the IMO criteria.

In some cases when they get a IMO from a vet right away I would think they might not even need to obtain a C & P-it all depends on the claim and the IMO.

You did very well here.Congrats!

I'm not able to work...and i will indeed nod them...but i got the initial rating...i'll fight for the 100% or tdiu later on appeal....but thanks bertha...you unknowingly helped a lot...i've stalked you and read many of your posts....thanks dahling....john

[crimson0456]

Well Done!!

[jtg1966]

hey berta,

can you pm me your email...i'd like you to look over the actual IRIS diolouge and let me know what you think....i would very much value your opinion....thanks....i will be discreet with your contact information...

[JR Reihs]

WTG on the award.You advocated well for yourself.

Berta has many post stalkers, her service to the many does not go un-noticed.

[akwidow]

keep on with the good work! I love the dahling! Way to give them the treatment and win...

btw, I read every word Berta ever wrote since I came on board as well....

[jtg1966]

you sound like me- when my patience runs out I hit them hard-with more evidence.AND VA case law.

.."told them that under the VCAA they were required to provide me and my represetative notice of what evidence was required."

YES you are right!

"I also stated that my VA psychiatrist provided a nexus letter on 04/03/09 and that any additional medical opinion would be considered an attempt by the VA to acquire evidence against my claim...and that if they were stating that my VA shrink was not competent to provide care to me or other veterans that they should please alert me so that i could petition the Sec of VA and the director of the wpbvamc to remove him from service before he did any irrepairable harm to me or other veterans that he is unqualified to treat....and this is how they responded verbatum"

NICE touch! VERY Interesting premise. *

"his decision is to grant you Service Connection for your bipolar disorder at 50%"

He read your evidence! It worked!!!!

If you feel that is too low rating-NOD them.

Are you able to work?

* (the VA with a strong IMO will always try to shop for a negative VA opinion.I really shouldn't put it that way-I should say VA opinion- This is so that they can justify an award under relative equipoise.It makes sense.

Relative Equipoise means evidence equally in weight for and against the claim.

Whether the C & P is negative or not ,it can be combatted equally with a strong favorable IMO that adheres to the IMO criteria.

In some cases when they get a IMO from a vet right away I would think they might not even need to obtain a C & P-it all depends on the claim and the IMO.

You did very well here.Congrats!

I can't think of a better compliment then for you to say i sound like you....except for perhaps saying that i look like brad pitts and george cloony's exceptionally handsome love child....*laughing*