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

[cowgirl]

Congrats at the BVA win, hang in there, Fridays coming!

Best to ya.,

Cowgirl

[Capt.]

GREAT NEWS JIM...... Congrats.......You did it and you should be greatly relieved.... This is a big plus for all of us. God Bless. NEVER GIVE UP.C.C.

[JamesBreckenridge]

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

Yes, I am well aware of that exception, but I didn't see the need to point it out. I have yet to get a statement from a vet who is also a professional in the relevant medical field. :D Thank you for pointing it out for completeness sake. :)

[carlie]

James,

I mainly posted it because Hadit has a Psychologist, a ARPN,

a RN and in days gone by a Radiologist that do post here once in a while

and are all VBA claimants.

A LCSW I personally know is a Hadit member, rarely posts but is not

a VBA claimant.

carlie

[militarynurse]

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

The question is "Is the VA familiar with it?" Please post this reg/rule as I am a licensed RN and the VA doesn't seem to take my opinions on my own disability for beans...except where my statements might be twisted, misquoted or taken out of context and generally used against me to deny my claim(s). I usually get the standard "not qualified to offer a medical opinion" verbage in decisions or my 2 cents is simply ignored. Yet, some VA physicians can totally ignore diagnostic test results or obvious physical signs indicating a condition exists... ( and of which which I can point out to them until I'm blue in the face to no avail )...but that's just ok dokey with the VA.

[carlie]

militarynurse,

This is from M21-1MR which instructs how the regs

are supposed to be implemented by VBA.

38 CFR is the regs themselves.

I just pinned this topic today.

I think if you study it well. it will help you advance your claims issues.

There is alot to decipher on Evidence - what and how is it to be weighed,

credible and probative evidence, etc...

carlie

http://www.hadit.com/forums/index.php?show...c=34154&hl=