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diabetes How To Enforce A Bva Decision.
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Question
jamescripps2
I am a Vietnam era US Army Veteran. In October, 2005, I filed a claim with the VARO in Nashville Tennessee for several diseases associated with my Agent Orange exposure during my military service,1967-1970. My claim was denied at the VARO so I appealed to the BVA in Washington DC. The VARO had also denied me a C&P exam, although I had asked for the C&P exam, in writing, many times. I have never been afforded a C&P exam.
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On November 2, 2009, The BVA rendered a partial grant. Despite being denied access to a C&P exam and based upon my overwhelming evidence I was granted service connection for type II diabetes and chloracne as due to herbicide exposure. Coronary artery disease was also granted as a residual of the diabetes. (BVA decision here) http://www4.va.gov/vetapp09/files5/0941553.txt
Three issues on the appeal, peripheral neuropathy, a hand and foot fungus, and ED were remanded back to the VARO, via the Appeals Management Center. The remand directs that a C&P be preformed and that the claim be re-adjudicated.
The AMC remanded my claim back to the VARO. The BVA decision also ordered that the claim be given expeditious treatment. The BVA’s order for the C&P exam was ignored by the VARO and no exam was ordered. My file was sent back to the AMC by the VARO on March 26, 2010, with no C&P exam having been ordered or performed. There was also no re-adjudication at the VARO as ordered by the BVA. Due to ineptness of the VARO my claim will once again be in limbo for a long time due to the backlog. When the matter finally does come up for consideration it will again be remanded back to the VARO for lack of a proper C&P exam.
My wife and I have been forced to survive on my small Social Security Disability check for more than thirteen years now. It required more than four years to get a favorable decision at the BVA level. The financial strain has been tremendous. The VA has even garnished my SSD check for medication co-pays that I can’t afford to pay. The numerous medications, ( fifteen per month), are for the granted conditions, now proven to be service connected disabilities. We exist off of the Vietnam Veterans of America food program. I have asked the VA to separate the granted issues from the remanded issues and to please give me a rating decision on the granted issues. After five months, I still do not have a rating decision.
I have talked official at the Nashville VARO. They admit that the remand order was not followed and that I should have been allowed a proper C&P exam as ordered by the BVA. They also say that although they sympathize with me, there is nothing that the VARO can do to correct the mistake or to right the wrong that may cost me another year or more in poverty.
I am proud of my honorable military service, but I am ashamed of the VA whose employees are not held accountable for accuracy and proper handling of the veterans claims for the honorable veterans who have served this country! Any ideas as to how to resolve this matter would be appreciated. What are my options and where do I go from here?
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