Bva Granted Sc - Finally.....!

[pacmanx1]

Chuck

The RO can possibly accomplish two goals with a C&P. Most important, DELAY when the evidence is irrefutable. Next, C&Ps are known as an attempt to minimize or give a countering opinion to favorable medical records.

The RO will automatically take the "unbiased" (Hah!) C&P results as definitive, even when the C&P examiner (Nurse, PA,etc) and possibly the "reviewing" doctor is/are not medically qualified in the appropriate specialty.

Frequently, the unfavorable C&P results will be used, and force a veteran into the appeals process.

This adds years of additional delay, and if the veteran makes any procedural mistakes, quite possibly eliminate compensation completely.

The veteran already won their claim by BVA,this is a remand just to get the rating percentage. If and I say If VA low balls their claim, it can be sent back to BVA and it should not take years or eliminate their just awarded service connected disability.

Now that the veteran has won service connection, secondary conditions can be claimed with new evidence.

[Testvet]

an example I was awarded my SSD for Cardiac issues only I have had 7 heart attacks a stroke a failed triple bypass 2 failed stents an ejection fraction less than 30% and am on a mediate only regime until I die there are no surgical options available so one would assume the VA would also rate this medical issue at 100% right?

Naw they did a echo and claimed my ejection fraction had improved and granted a 60% SC since I am also rated 100% PTSD they granted SMC S I also had to go to the BVA to make them grant the SC for CAD and hypertenson secondary to my PTSD yes I could file another NOD and ask the BVA Judge to make them grant the 100% but what would I "win" by doing it? nothing a veteran can only be granted 1 S award so there is no difference between the 60% and the 100% in my case is it fair what they did? No but they did it anyway they were just being "petty" why because they can.......

will my heart condition change? sure for the worse it's not going to "fix" itself you can win at the BVA but the Regional Office can still make that "win" seem like a loss

according to the SSA my ejection fraction alone qualified me for the SSD award so did the 2 failed bypasses it met the grids for an award the fact that the VAMC issued me a power chair due to the fact I can't breath after walking more than about 100' seemed irrelevant to the RO also at the time my SSD award had been made I had not even been diagnosed yet with PTSD I got my SSD award in April 2003 my PTSD was diagnosed in May 2003 after 4 months of testing and interviews by the "team"

so 2 different federal agencies 2 totally different reasons for being 100% disabled so far I have been reviewed once by SSD at the 7 yr mark and the VA has left me alone since the BVA award I think I am just going to leave it that way if I have a heart problem and die from it my wife is going to get the DIC benefit and that was the only reason I kept pursuing the CAD and hypertension SC I don't think the PTSD will kill me but who knows I am almost to the 10 yr mark so it shouldn't matter after that what causes my death my wife should then be able to get the DIC we have figured out between that and the SS benefits she should be okay financially after I pass and that was the goal

but I ain't going to lie I enjoy spending that extra 300 a month as long as I am breathing too

I have a goal now I hope to live 20 years as being disabled I have like I said I am almost a decade into it I turned 55 today with some good medical care and the good lord willing I may make it I quit drinking a long time ago and I have a great wife that does everything she can to keep me out of stressful situations and the only thing she lets me carry in the house after going grocery shopping is the bread she's a keeper I think it's a fair goal they broke me they bought me

[VetsLady]

Chuck

The veteran already won their claim by BVA,this is a remand just to get the rating percentage. If and I say If VA low balls their claim, it can be sent back to BVA and it should not take years or eliminate their just awarded service connected disability.

Now that the veteran has won service connection, secondary conditions can be claimed with new evidence.

He filed the original claim 2/03. Included DM2 as it relates to exposure to AO. Fianlly rec'd sc in 4/08 by proving boots on ground. They didn't not include in the rating the hypertension and with the other condition at the BVA,

we decided best to leave it for the time being. Hearing in 11/08 with BVA, remanded to AMC...who really did nothing except deny again based upon the evidence in the file - mind you, we had sent in the evidence to the RO prior to

the hearing, it was never forwarded. Yes, we have written proof with Cert.Mail and all.

Fast forward.....VLJ reviews the case finally, sc him without a doubt, sends it the RO to complete the rating. They order an exam. We have not yet received snail mail official notification of the exam (Yes, we have the BLJ's decision granted sc)

The medrecs in my husbands file are up to date minus 3 visits. The guy is sick. He's had every test imaginable....he fits the 100% schedule for rating of his condition. He's not ever going to get better and will more likely than not be on a

transplant list in the near future. I ask, what more could they possibly need to complete a rating....????? Other than his file being too full (when I sent the updates in, they were all catagorized neatly and pages numbered and I made sure to

only include medrecs for the condition he was claiming..

I'm nervous they will low ball him and we'll be in for another battle......I'm angry because I know this kind of thing isn't only happening to my husband. It's an outrage for a Veteran to claim a valid illness/idisease etc, have to prove it happened,

fine with all of that and would expect that.....BUT< for RO not to be able to rate him on what's in the file ?????? Veteran is sick, due to in-service event. Veteran is going downhill...Veteran is expected to climb every hill to get what Veteran deserves.

Veteran dies, then what.....spouse continues the battle on behalf of their spouse, the Veteran\.

an example I was awarded my SSD for Cardiac issues only I have had 7 heart attacks a stroke a failed triple bypass 2 failed stents an ejection fraction less than 30% and am on a mediate only regime until I die there are no surgical options available so one would assume the VA would also rate this medical issue at 100% right?

Naw they did a echo and claimed my ejection fraction had improved and granted a 60% SC since I am also rated 100% PTSD they granted SMC S I also had to go to the BVA to make them grant the SC for CAD and hypertenson secondary to my PTSD yes I could file another NOD and ask the BVA Judge to make them grant the 100% but what would I "win" by doing it? nothing a veteran can only be granted 1 S award so there is no difference between the 60% and the 100% in my case is it fair what they did? No but they did it anyway they were just being "petty" why because they can.......

will my heart condition change? sure for the worse it's not going to "fix" itself you can win at the BVA but the Regional Office can still make that "win" seem like a loss

according to the SSA my ejection fraction alone qualified me for the SSD award so did the 2 failed bypasses it met the grids for an award the fact that the VAMC issued me a power chair due to the fact I can't breath after walking more than about 100' seemed irrelevant to the RO also at the time my SSD award had been made I had not even been diagnosed yet with PTSD I got my SSD award in April 2003 my PTSD was diagnosed in May 2003 after 4 months of testing and interviews by the "team"

so 2 different federal agencies 2 totally different reasons for being 100% disabled so far I have been reviewed once by SSD at the 7 yr mark and the VA has left me alone since the BVA award I think I am just going to leave it that way if I have a heart problem and die from it my wife is going to get the DIC benefit and that was the only reason I kept pursuing the CAD and hypertension SC I don't think the PTSD will kill me but who knows I am almost to the 10 yr mark so it shouldn't matter after that what causes my death my wife should then be able to get the DIC we have figured out between that and the SS benefits she should be okay financially after I pass and that was the goal

but I ain't going to lie I enjoy spending that extra 300 a month as long as I am breathing too

I have a goal now I hope to live 20 years as being disabled I have like I said I am almost a decade into it I turned 55 today with some good medical care and the good lord willing I may make it I quit drinking a long time ago and I have a great wife that does everything she can to keep me out of stressful situations and the only thing she lets me carry in the house after going grocery shopping is the bread she's a keeper I think it's a fair goal they broke me they bought me

Thanks for the input and thoughts, see above response....it's meant for all to read.

[VetsLady]

Chuck

The veteran already won their claim by BVA,this is a remand just to get the rating percentage. If and I say If VA low balls their claim, it can be sent back to BVA and it should not take years or eliminate their just awarded service connected disability.

Now that the veteran has won service connection, secondary conditions can be claimed with new evidence.

P.S.

Veteran was awarded sc but receiving none it them.......ie: life, ins., etc. Undoubtably he will land in the 100% catagory......think they are delaying this since he could be potentially a large chunk of change...?????? He's been sick for years.

[VetsLady]

Chuck

The veteran already won their claim by BVA,this is a remand just to get the rating percentage. If and I say If VA low balls their claim, it can be sent back to BVA and it should not take years or eliminate their just awarded service connected disability.

Now that the veteran has won service connection, secondary conditions can be claimed with new evidence.

Pete......you say "If they low ball" - I'm curious why you say that......?

Thanks....and Thanks for everyone for the support....it's much needed right now. Emotionally, I'm a wreck.

[Testvet]

vets lady what I explained about my case for CAD is considered a "low ball" award despite the evidence for the 100% award they granted only 60% that is lowballing an award and if they do that you will again have to appeal to the BVA and explain why he deserves the 100% award versus the lower percentage they grant hopefully you will get the 100% you expect but don't hold your breath until they award it you only will turn blue and it won't help again why do they do this because they can this is what most vets call the "hamster wheel" and the VA has the biggest hamster wheel in the world