Hi. I'm New..need Assistance For Husband

[jvhargitt]

Hi. I'm new. My husband is getting the run around from the Army. He's still active duty and was sent home from his 3rd Iraq tour with expected Parkinsons in 10/07. Finally, in late 08 he was diagnosed with Parkinsons. He is an 18 yr. active duty and was a GW vet. Went through the MEB and they came back with their 'offer'. NOT COMBAT RELATED, 30%. His symptoms started in 2001, but were really mild and no neuro could do anything. We're appealing and are building our case. Any assistance is appreciated. This week we're at the Mayo Clinic and will be back at Ft. Bragg by Friday. We have maybe a week before our appeal has to be filled. HELP! Thank you.

[Berta]

Do you mean the I-9 form has only a week left?

Did the VA obtain ALL medical records available?

Does he have complete copies of all of his Med recs and his SMRs?

Can you attach copies of any current records from Mayo or any private doctors to the I-0 and refer to them in it?

There is a statement here that NVLSP suggests to be oput onto the I-9 form -I will try to find that statement -

Does his current disability -by established medical evidence-warrant a higher rating per the VA Schedule of Ratings?

Has that point been spelled out to them in the I-9?

You can refer to and attach not only that part of the 38 CFR schedule but then directly refer them, to and attach copies of ANY medical evidence that warrants a higher rating.

You need to focus on not only the established clinical record that warrants the higher rating, but also

rebutt anythng in the SOC that was inaccurate.

Copy the I-9 and send it all with a Proof of mailing to the VA.

[Berta]

Here is what I mean:

The BVA always looks for errors in the VCAA letter-

this statement however enhances the presevation of these errors.

Was your husband fully able to comply with the VCAA letter as to what the VA needed from him?

I am confused here -do you mean the formal I-9 Appeal to the BVA? or do you mean a NOD (Notice of Disagreement)?

"NVLSP suggests adding this into the I-9 form- usually there is enough space under the hearing questions on the I-9 form.

"I take exception to and preserve for appeal ALL errors the VARO may have made or the Board hereafter might could make in deciding this appeal. This includes all legal errors, all factual errors, failure to follow M21-1,all due process errors and any failures to discharge the duty to assist as violation of basic VA laws and regulations within 38 USCS and 38 CFR."

[carlie]

He's still active duty.

Is his appeal with DOD or VA ? ?

carlie

[carlie]

Hi. I'm new. My husband is getting the run around from the Army. He's still active duty and was sent home from his 3rd Iraq tour with expected Parkinsons in 10/07. Finally, in late 08 he was diagnosed with Parkinsons. He is an 18 yr. active duty and was a GW vet. Went through the MEB and they came back with their 'offer'. NOT COMBAT RELATED, 30%. His symptoms started in 2001, but were really mild and no neuro could do anything. We're appealing and are building our case. Any assistance is appreciated. This week we're at the Mayo Clinic and will be back at Ft. Bragg by Friday. We have maybe a week before our appeal has to be filled. HELP! Thank you.

jvhargitt,

This is one of the few times I've ever considered posting a link to

an additional vets web site, but it sounds like your getting down to

the wire.

So it may help you to also have a look here.

Hope this helps a vet.

carlie

This Forum deals only with anything MEB.

http://vets.yuku.com/forums/77

[broncovet]

Jvha

Berta is a genius and you should listen to her and read her advice over and over, until in sinks in.

Berta, again, this is brilliant and VSO's should have the statement you mentioned pre printed on every NOD and probably every benefit application also:

I take exception to and preserve for appeal ALL errors the VARO may have made or the Board hereafter might could make in deciding this appeal. This includes all legal errors, all factual errors, failure to follow M21-1,all due process errors and any failures to discharge the duty to assist as violation of basic VA laws and regulations within 38 USCS and 38 CFR."

I think EVERY VSO should add this clause, automatically, to every NOD submitted by them in order to increase the chances of the Veteran winning. It is simply not looking out for the Veterans best interest for a VSO to not include this statement in any Veterans appeal they submit.

Edited January 27, 2010 by broncovet

[jbasser]

I also understand this as a DOD issue and Not a VA issue as th claim has not been filed yet.

I dont think I have ever seen a MEB appeal to the DOD.

J