Denied

[RSG]

Ok,

for the second time I was denied IU again and told to take my claim to the BVA...Why does the VA keep doing this. I haven't been able to work since 2001 and was retired for the same medical issues by SSD..

I can't understand this.......Tnx

RSG

[Testvet]

RSG sometimes it is nothing wrong with your file the RO that you are dealing with may not want to be seen as "giving away the candy store" and it may require you to appeal to the BVA level to get the award granted I kept my heart problem claims local with the help of the fine people here at Hadit for more than 5 years before I got a lawyer involved and we took it to the BVA after the RO again denied the lawyers first attempt to get the mess straight less than 6 months later we were given a BVA hearing and the Judge granted my claim secondary to PTSD which all of the SO's had told me could never be done AL, DAV, even the PVA all told me that I could not get it granted secondary to PTSD well they were wrong the people here were right yes taking it to BVA sounds drastic but sometimes you just have to do it

you might want to consider getting a lawyer they get paid 20% of whatever your back pay will be but wouldn't you rather have 80% of an award rather than a 100% of a denial? Just make sure you get one that does KNOW VA rules and regs NOVA has some great layers that is what they specialize in veterans law

I was able to live pretty decent on SSD and 50% VA until they finally saw the "light" and was forced by BVA to service connect my CAD and hypertension but being 100% SMC S and SSD is a LOT better keep fighting you will get it

[RSG]

Yeah, I understand that...The biggest issue is the VA has been screwing me for 40 years.....And I will not let that slide.....

I am at a disadvantage here. Berta seems to have a good handle on your claim and I am not sure what I could add at this point.

You are in very good hands!

I will say that I find it a shame that you are going to have to go the BVA route to get approved for something that Berta feels is a virtual slam dunk approval. The only good thing other than you finally getting approved coming out of this is the fact your retro will be quite substantial when you do get approved!!

[Berta]

RSG can you cover the personal stuff (C file # etc) and scan this and attach it here-

we only need to see the Evidence list and their reasons and bases.

If we can get a few pairs of eyes on this decision we can figure out what is wrong with the decision and the next step.

Stillhere made an excellent point we dont discuss much-

The wording of a claim can often set up a denial.

It took me about 2 weeks of re writes and editing for my 2003 AO death claim.

I had to state the claim very carefully.It was to bring up an additional misdiagnosis of my husband but I could not claim it under 1151 or FTCA.It was awarded a few months ago.

I have an IHD claim and the same thing is happening-I have written the claim 4 times but it still isnt stated right.

The IHD was never diagnosed and rated by the VA at all but the award clearly states it contributed to my husband's death.

Also this morning I posted here a BVA link -the veteran had claimed Gulf War Syndrome. There is no legal basis for a Gulf WAr Syndrome claim as there is no such disability so the BVA denied the claim.

It was definitely a case of the veteran not writing the claim out properly to fulfill the GWV claim criteria of Qualifying chronic disability.

We need to see how the VA handled this:

I even have the IMO's from VA doctors.

Have they misinterpreted the claim or have they chosen to ignore the good stuff?

It would help if you can attach a scan of this decision -we could help you more and this would help others here too.

It is even possible the VA didnt even attempt to get your SSA records at all.If they didn't use them as evidence.

Been there done that on that one-and I corrected that problem for my husband's PTSD claim by raising Hell.

The authorization form he signed for them to get his SSA records was in his C file but they claimed the SSA refused to release what they had. It was a lie. After I made a call to SSA main office,the SSA records were sent to the VA right away.

[RSG]

I understand that. I already had the BVA agree with me and they said in the BVA decison that they have been wrong about denying me since 1969.

THe VA has been wrong in denying me for the past 40 years....I am so pissed about this I can't even see straight...I will not give up until this lying, adversarial,

bunch of jerks live up to their responsibilities......

RSG sometimes it is nothing wrong with your file the RO that you are dealing with may not want to be seen as "giving away the candy store" and it may require you to appeal to the BVA level to get the award granted I kept my heart problem claims local with the help of the fine people here at Hadit for more than 5 years before I got a lawyer involved and we took it to the BVA after the RO again denied the lawyers first attempt to get the mess straight less than 6 months later we were given a BVA hearing and the Judge granted my claim secondary to PTSD which all of the SO's had told me could never be done AL, DAV, even the PVA all told me that I could not get it granted secondary to PTSD well they were wrong the people here were right yes taking it to BVA sounds drastic but sometimes you just have to do it

you might want to consider getting a lawyer they get paid 20% of whatever your back pay will be but wouldn't you rather have 80% of an award rather than a 100% of a denial? Just make sure you get one that does KNOW VA rules and regs NOVA has some great layers that is what they specialize in veterans law

I was able to live pretty decent on SSD and 50% VA until they finally saw the "light" and was forced by BVA to service connect my CAD and hypertension but being 100% SMC S and SSD is a LOT better keep fighting you will get it

[RSG]

I will scan the decision and email it to you if that is ok.....

RSG can you cover the personal stuff (C file # etc) and scan this and attach it here-

we only need to see the Evidence list and their reasons and bases.

If we can get a few pairs of eyes on this decision we can figure out what is wrong with the decision and the next step.

Stillhere made an excellent point we dont discuss much-

The wording of a claim can often set up a denial.

It took me about 2 weeks of re writes and editing for my 2003 AO death claim.

I had to state the claim very carefully.It was to bring up an additional misdiagnosis of my husband but I could not claim it under 1151 or FTCA.It was awarded a few months ago.

I have an IHD claim and the same thing is happening-I have written the claim 4 times but it still isnt stated right.

The IHD was never diagnosed and rated by the VA at all but the award clearly states it contributed to my husband's death.

Also this morning I posted here a BVA link -the veteran had claimed Gulf War Syndrome. There is no legal basis for a Gulf WAr Syndrome claim as there is no such disability so the BVA denied the claim.

It was definitely a case of the veteran not writing the claim out properly to fulfill the GWV claim criteria of Qualifying chronic disability.

We need to see how the VA handled this:

I even have the IMO's from VA doctors.

Have they misinterpreted the claim or have they chosen to ignore the good stuff?

It would help if you can attach a scan of this decision -we could help you more and this would help others here too.

It is even possible the VA didnt even attempt to get your SSA records at all.If they didn't use them as evidence.

Been there done that on that one-and I corrected that problem for my husband's PTSD claim by raising Hell.

The authorization form he signed for them to get his SSA records was in his C file but they claimed the SSA refused to release what they had. It was a lie. After I made a call to SSA main office,the SSA records were sent to the VA right away.

[john999]

RSG

Did you have a personal hearing with the VA about the IU issue. I had the same problem when I was rated 70% and had SSD and was denied IU. In my situation the VA said my NSC issues were the real reason I was unemployable. This was pure fiction. I would ask for a personal hearing and you might be able to clear this up without a 3 year trip to the BVA. Get your significant other to go with you to be your advocate. If you have SSD for the same condition as your 70% and the VA is denying you I would like to see the reasons for the denial. If they continue to deny after a personal hearing I would do as TestVet has said and hire a lawyer. You should have a lawyer for your CUE I think also since you have some cognitive problems. Can you post reasons and basis for the denial so we can all get a look?

Something is not right and it could be some miserable detail the VA is using to deny your claim which a talk to a human at the VA could clear up in 5 minutes. You should not have to go to the BVA on such a claim where the evidence is so clear and 4.16A is met. I don't know what excuse the VA is using to deny.