carlie Posted February 17, 2010 Share Posted February 17, 2010 http://www4.va.gov/vetapp09/files2/0915238.txt Citation Nr: 0915238 Decision Date: 04/23/09 Archive Date: 04/29/09 DOCKET NO. 07-13 249 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in No. Little Rock, Arkansas THE ISSUES 1. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for nerve and muscle damage due to surgery, right groin (to include right pelvic/hip damage causing the right side to be shorter than the left). 2. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for root canal problems (to include gum disease with loss of teeth). 3. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for fibromyalgia (to include body wide sickness and nausea secondary to dental work and extreme fatigue). 4. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for depression. 5. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for insomnia. 6. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for neck problems (claimed as neck problems with bone spurring to include bad headaches). 7. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for back problems, claimed as scoliosis in the spine (to include lower back damage (injury)). 8. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for chronic ear problems (claimed as hole punctured and eardrum). 9. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for anemia. 10. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for vision problems (to include an eye condition). 11. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for hearing loss. 12. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for impairment, right knee. 13. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for right foot condition. 14. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for a head condition. 15. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for carpal tunnel syndrome, right (also claimed as paralysis of medial nerve). 16. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for carpal tunnel syndrome, left (also claimed as paralysis of medial nerve). 17. Entitlement to service connection for left knee condition. 18. Entitlement to service connection for left foot condition. 19. Entitlement to service connection for hepatitis. 20. Entitlement to service connection for cystic fibrosis. 21. Entitlement to a compensable disability rating for inguinal hernia, right, postoperative. 22. Entitlement to a disability rating greater than 10 percent for scar, right inguinal hernia repair. Link to comment Share on other sites More sharing options...
HadIt.com Elder Testvet Posted February 17, 2010 HadIt.com Elder Share Posted February 17, 2010 The sad part is even if they were all granted and rated this veteran would probably be 80 or 90% with a lot of 0% issue grants and all of them having new material to reopen is a major burden and most veterans would have a hard time finding new evidence to reopne one issue let alone 22 despite the fact the veteran claimed 29 issues did anyone else notice the veteran was NOT represented by anyone no lawyer and no service org? This wasted a lot of time by the veteran and the VA and BVA how many hours were wasted just writing this decision up... Link to comment Share on other sites More sharing options...
HadIt.com Elder LarryJ Posted February 17, 2010 HadIt.com Elder Share Posted February 17, 2010 YUP! And, this veteran ACTUALLY presented claims to RE-open TWENTY-NINE previously denied claims. And, she did this (filing to re-open) without ANY new or material evidence for ANY of these claimed disabilities, thereby making moot the point of re-opening her claims! She wasted her time and the time that the VA COULD HAVE BEEN helping decide a more deserving veteran's claim. This is a perfect example of when someone should have the help of an experienced VSO or even the help of, for example, THE HADIT BOARD! (btw, I read THE WHOLE THING, which is an indication that I don't have much to do this evening) :D :D Link to comment Share on other sites More sharing options...
HadIt.com Elder Testvet Posted February 17, 2010 HadIt.com Elder Share Posted February 17, 2010 rofl I wasn't that bored NCIS is pretty good tonight I just hit the highlights no rep and all denied a complete waste of time for the VARO reps and all the BVA staff.... Link to comment Share on other sites More sharing options...
vmo Posted February 17, 2010 Share Posted February 17, 2010 Sometimes the VARO/BVA make bad decisions. Yes, at other times the whole football stadium should stand up and cheer the VARO/BVA on a denial like this. Some of the VA employees do not do their job very well. Some of the VA employees do an excellent job. A DENIAL hurts, but sometimes they are well deserved. Link to comment Share on other sites More sharing options...
myround0 Posted February 17, 2010 Share Posted February 17, 2010 While I my agree this is a waste of time. IT IS THE VA'S JOB. I would hope she had the evidence to support her claim. If she didn't, then you are right she had no reason to make a claim such as. But, if she has documents in her medical records it is clearly possible the to have 22 disorders. When you serve 20 plus years, no one knows your dysfunctions like you do. If it is in your records, then why not. THIS IS WHAT VSO'S GET PAID TO DO. Link to comment Share on other sites More sharing options...
HadIt.com Elder LarryJ Posted February 18, 2010 HadIt.com Elder Share Posted February 18, 2010 While I my agree this is a waste of time. IT IS THE VA'S JOB. I would hope she had the evidence to support her claim. If she didn't, then you are right she had no reason to make a claim such as. But, if she has documents in her medical records it is clearly possible the to have 22 disorders. When you serve 20 plus years, no one knows your dysfunctions like you do. If it is in your records, then why not. THIS IS WHAT VSO'S GET PAID TO DO. I'll bore you and provide you with a repeat of my previous posting on this matter, or you could, like me, read the ENTIRE decision: "And, this veteran ACTUALLY presented claims to RE-open TWENTY-NINE previously denied claims. And, she did this (filing to re-open) without ANY new or material evidence for ANY of these claimed disabilities, thereby making moot the point of re-opening her claims!She wasted her time and the time that the VA COULD HAVE BEEN helping decide a more deserving veteran's claim. This is a perfect example of when someone should have the help of an experienced VSO or even the help of, for example, THE HADIT BOARD! (btw, I read THE WHOLE THING, which is an indication that I don't have much to do this evening)" Link to comment Share on other sites More sharing options...
Question
carlie
http://www4.va.gov/vetapp09/files2/0915238.txt
Citation Nr: 0915238
Decision Date: 04/23/09 Archive Date: 04/29/09
DOCKET NO. 07-13 249 ) DATE
)
)
On appeal from the
Department of Veterans Affairs Regional Office in No. Little
Rock, Arkansas
THE ISSUES
1. Whether new and material evidence has been received to
reopen a claim for entitlement to service connection for
nerve and muscle damage due to surgery, right groin (to
include right pelvic/hip damage causing the right side to be
shorter than the left).
2. Whether new and material evidence has been received to
reopen a claim for entitlement to service connection for root
canal problems (to include gum disease with loss of teeth).
3. Whether new and material evidence has been received to
reopen a claim for entitlement to service connection for
fibromyalgia (to include body wide sickness and nausea
secondary to dental work and extreme fatigue).
4. Whether new and material evidence has been received to
reopen a claim for entitlement to service connection for
depression.
5. Whether new and material evidence has been received to
reopen a claim for entitlement to service connection for
insomnia.
6. Whether new and material evidence has been received to
reopen a claim for entitlement to service connection for neck
problems (claimed as neck problems with bone spurring to
include bad headaches).
7. Whether new and material evidence has been received to
reopen a claim for entitlement to service connection for back
problems, claimed as scoliosis in the spine (to include lower
back damage (injury)).
8. Whether new and material evidence has been received to
reopen a claim for entitlement to service connection for
chronic ear problems (claimed as hole punctured and eardrum).
9. Whether new and material evidence has been received to
reopen a claim for entitlement to service connection for
anemia.
10. Whether new and material evidence has been received to
reopen a claim for entitlement to service connection for
vision problems (to include an eye condition).
11. Whether new and material evidence has been received to
reopen a claim for entitlement to service connection for
hearing loss.
12. Whether new and material evidence has been received to
reopen a claim for entitlement to service connection for
impairment, right knee.
13. Whether new and material evidence has been received to
reopen a claim for entitlement to service connection for
right foot condition.
14. Whether new and material evidence has been received to
reopen a claim for entitlement to service connection for a
head condition.
15. Whether new and material evidence has been received to
reopen a claim for entitlement to service connection for
carpal tunnel syndrome, right (also claimed as paralysis of
medial nerve).
16. Whether new and material evidence has been received to
reopen a claim for entitlement to service connection for
carpal tunnel syndrome, left (also claimed as paralysis of
medial nerve).
17. Entitlement to service connection for left knee
condition.
18. Entitlement to service connection for left foot
condition.
19. Entitlement to service connection for hepatitis.
20. Entitlement to service connection for cystic fibrosis.
21. Entitlement to a compensable disability rating for
inguinal hernia, right, postoperative.
22. Entitlement to a disability rating greater than 10
percent for scar, right inguinal hernia repair.
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