I Won At The Bva

[Jim 501st]

I just thought I would Share the good news.

I had a BVA hearing Oct. 30 2009. I got my decision on The 14th of Jan..

I had 5 issues. I will only mention the two that were granted at this time.

She used my meniere's disease which is the big one, because when I had my C&P The lady that did it gave me a 100% diagnosis in her medical exam and ( cerebral gait constant, Leans to the left and wife had to aide him for balance.) Also said I could not perform a lot of my daily activities at home with out assistance but she denied service connection. As I said the BVA judge service connected it.

Also she service connected my right Knee which at my C&p would have been rated a 40% disability due to range of motion and arthritis.

I would also like to mention that she used Dr. Bash's IMO solely for her decision which the local RO refused to acknowledge.

I had three other items that were remanded back to the RO for further adjudication which I feel sure I will win two of.

I feel sure the Meniere's will get me 100% grant on top of all the other awards that I already have (70%) plus the ones the judge granted on the knee.

This is just a brief and I will be glad to go into further detail on the decisions if anyone wants further information.

PS I found it very interesting that the BVA judge cited two CCVA cases in which my wife and my opinions were as valid as medical opinions and used them as reference in her decision.

Jim, 501st

[Pete53]

Congrats and nice to see that they are allowing the symptoms given by Veterans in as evidence.

[JamesBreckenridge]

Veterans are not competent to diagnose themselves and render medical opinions, but they are certainly competent to say what the symptoms are, and what they and their spouses see.

[broncovet]

Congratulations. However, dont go spending your money yet. EVEN when the BVA does a "complete grant", the Regional office decides what that means. In my case, the RO decided 'complete grant' meant 0 percent. I checked, and it is illegal for the RO to do that, that is there is case law that says that a zero percent rating can hardly be considered a grant of benefits.

Your RO interprets laws however they want and nobody watches over them. They have "interpreted" fast letter 08-41 to mean that it is perfectly legal for the Regional office to illegally shred Veterans evidence as long as it was not in between April 07 -Oct 08.

[Berta]

FABULOUS NEWS!!!!!

And why are our IMOs being ignored by the VAROs? As the Roakoke story shows they are NOT supposed to ignore any medical evidence-particularly an IMO .

It is all part of the stall tactic or simply overwhelming incompetence.

BVA decision are prepared by lawyers - and only the BVA lawyers seems to respect our evidence these days.

[carlie]

Veterans are not competent to diagnose themselves and render medical opinions, but they are certainly competent to say what the symptoms are, and what they and their spouses see.

James,

I would have to disagree with a specific type of veterans population on this

as small as it may be.

If the veteran is certified or licensed in the medical profession

the VBA HAS to consider their testimony as such and not just

weigh it as lay evidence, this also includes any published medical

treaties accepted in the medical field, that they have authored.

Example's:

1)

The veteran (claimant) is a licensed Psychologist/ Pstchiatrist/ LCSW,

they are competent to provide medical evidence and/or a medical opinion

on their own mental health disability such as sworn testimony regarding symptoms involved and by regs/rules, VBA is supposed to weigh such as both probable and credible medical evidence.

2)

The veteran (claimant) is a licensed M.D./ RN/ ARPN, they are competent to provide medical evidence, sworn testimony and/or medical opinion on their own disability

and symptoms involved and by regs/rules, VBA is supposed to weigh as both probable

and credible medical evidence.

3)

The veteran (claimant) is a licensed Radiologist,they are competent to provide medical evidence and a medical opinion on their own tests and test results

such as X-ray, MRI, Cat/PET scans involved and by regs/rules, VBA is supposed to weigh

as both probable and credible medical evidence.

The same would hold true for a licensed Dentist or Audioloist.

If you are not familiar with this reg/rule, let me know and I will

find and post it into this topic.

jmho,

carlie

[Testvet]

FABULOUS NEWS!!!!!

And why are our IMOs being ignored by the VAROs? As the Roakoke story shows they are NOT supposed to ignore any medical evidence-particularly an IMO .

It is all part of the stall tactic or simply overwhelming incompetence.

BVA decision are prepared by lawyers - and only the BVA lawyers seems to respect our evidence these days.

After nearly a decade of messing with the RO the only place I was able to get "heard" was at the BVA but as one of the members pointed out the BVA can grant an award but it is still sent back for the percentages to be assigned my CAD was considered total by SSD in Oct 2002 the RO decided it is only 60% disabling in June 2009 I can not have further surgery I have a failed triple bypass and 2 failed stents I am a medicate only patient my heart has not repaired itself since Oct 2002 but I am SMC S now so to appeal for the 100% SC doesn't make sense it won't raise the comp check the RO seems to be determined to low ball SC awards even when forced to deal with them by the BVA if they low ball you you may ened up having to file another NOD and form 9 and make another case to the BVA why you deserve the higher percentage so don't go spending any money yet.....wait and see what the RO actually issues Congrats though on the win at BVA