Researching Passed Claims

[Tomahawk]

Can anyone give me some tips on how to search former VA claims for secondary conditions?

[Berta]

"And most of the case files I read always cite court cases, and other cases as to the boards decisions on things. So all I can do is submit the research for them and hope for the best."

I suggest (and I agree with Carlie) that instead of sending them BVA decisions etc,

give them the legal citation for the CAVC Case and then refer them to the legal part of the case that supports your claim.You could scan that part of the CAVC case and nsert with quotation marks into your response and then make sure you give the hyperlink or actual citation Such as US CAVC Simmons V Shenseki, Docket XXXX,decided XXXXXX

In some situations citing and using a BVA case helps when the BVA has rendered a legal statement based on established VA case law.

I directly cited a entire part of a past BVA case I had,and added the hyperlink to the case, in my 2003 AO death claim.The BVA had made a statement there to me in 2000 that had direct legal bearing on the AO claim I won.

I had to get the lawyers at OGC to explain it to the VARO however.

"However I don't see how other cases would not affect my claim"

The medical part wont help one bit. Legal statements such as precedent CAVC decisions should help if they actually can be applied to the claim.

I myself am quite surprised that they considered a weight gain as a factor in the denial.

"It is less likely than not that the veteran's use of nsaids from 1998 until present caused his esophogitus and GERDs."

and

"The veteran has other factors which would contribute to the severity of his conditions such as his weight gain of 70-80 pounds since being released from active duty."

You have to attack the 'other' factors they stated too.

[Tomahawk]

Well Im searching for a medical examiner who will either take payments, or do pro bono work right now.

And as of yet I have not actually been denied for my claims. The comments I was quoting was what was on my C&P exam from the doctor. I stopped at release of information 2 days after my C&P exam when I had to go in for my epidural injections and had them print me the passed month's medical records. So Im sure when they actually get around to denying my claim they won't quote anything about my weight. However the doctor didn't list any of these "other" factors than the weight, so Im not sure how I would go about attacking those.

[Hoppy]

You have been getting some very good advice. When I use BVA cases for reference I used the medical logic only. If you find a case similar to yours and it contains a reference to the doctor’s opinion that was given weight upon which the award was made then save the doctors statement.

You can take a printout of the doctor’s statement to your doctor and ask him if he feels that the same logic cited by the clinician in the previous case is applicable to your case. It is best to ask them rather than tell them what you want. Also, it is important to get an opinion from a doctor with similar credentials to the clinician who made the report upon which the previous claim was awarded.

When searching BVA decisions I tried to develop specific search parameter such as “depression due to back pain is granted”. I always used the phrase is granted. Usually the search results are for cases that were awarded. I include the quotations both before and at the end of the search phrase. This will result in an exact match of the phrase. If you don’t use the quotation you will get every case involving depression and back pain that is granted. You are looking specifically for a condition due to or secondary to another condition. You can also use the search parameter “depression secondary to back pain is granted”. I just use the back pain is a sample. You can replace the primary condition and a secondary condition with any disease diagnosis or etiology you choose.

[jbasser]

Tomohawk, when searching the BVA decisions, put this inthe search engine.

'Your medical condition and secondary to condition'

Use the marks ' at the beginning and between each word anc close it with'.

J

[Berta]

"However the doctor didn't list any of these "other" factors than the weight, so Im not sure how I would go about attacking those. "

Interesting- you can attack this part of the SOC (if they deny and refer this this part of the C & P)

by stating it is based on mere speculation -as no other factor was stated.

Then Cite Stefl v. Nicholson, 21 Vet. App.

120, 124 (2007).

Also-sometimes the BVA will state an opining private doctor's full name. If you find a similiar case as yours why hot try to google the doctor named in the BVA decision to see if he or she would provide a reasonable IMO?

Can you scan and post the C & P exam here? Cover personal stuff.

[Berta]

Jones V Shenseki might help too:

This is the DAV Service Bulletin and the case is referred to in it:

http://docs.google.com/viewer?a=v&q=cache:NkFT0nXa1egJ:www.dav.org/veterans/documents/bulletins/2010-06.pdf+Stefl+v.+Nicholson,+21+Vet.+App.+120,+124+%282007%29.&hl=en&gl=us&pid=bl&srcid=ADGEESgYlPr-9HQMHA5iTxuxZAxOgSmgiTiUbq5qN61KqSaIqHrN6kFBFe0OJZ8E0zLeR014yNg-u0cHkxKUByOsX78l00_ycXPUrLDvi0jusIJ80EXyahF8XEPMX5W80zmL38KcT-OJ&sig=AHIEtbRRhAJHWCvn8iYxAJSziGRc-BZwbA