Bva Decision, A Precedent - Yes Or No

[ken1939]

I filed a form 9 for a BVA hearing. I am claiming headaches secondary to SC cervical DDD and also for lower extremity pain secondary to SC Lumbar DDD. My headache diagnosis is tension headaches and contraction headaches SC at 0 %. I am appealing the rating and find many favorable BVA decisions where the diagnosis is not migraine and nearly duplicate my situation The ratings are as much as 30%. My lower extremity diagnosis is radiculopathy, denied because radiculopathy is a symptom not a condition. I have found literally hundreds of BVA decisions where the diagnosis is radiculopathy and not one was denied or remanded because of the diagnosis of radiculopathy. I have read somewhere in a forum that BVA decisions cannot set a precedent. But if there are many, many of these decisions, will this be enough to prove my claim?

[Berta]

Well put John-

When I presented to my former vet rep my "war plan" for my last claim (that is my way of developing my claims-I use a photo of my VARO in the center and then use war plan symbols arond it to represent my avenues of attack)-

my rep as a former USMC officer in Vietnam said he was startled to see it.He had no faith at all in that claim.

I advised the POA lawyer when I won it and he had quit his job by then so probably never found that out.

We need somehow to always develop a system of how we will find and submit evidence and how we can combat early on, why VA would deny the claim.

Plan of action is a better term than war plan-but you know what I mean.

My IHD claim was filed in Aug and I still-at least once a week-go over my evidence to see if there is anything I missed.

I try to pretend here at hadit that I am a rater sometimes so that I can see the landmines in a claim.The potential reasons they could deny.

I have yet to meet more than a handful of reps who actually develop a plan regarding claims.

And reps in the 1990s (and probably still today) were reluctant, after they got the vet an award, to appeal it for a higher rating or TDIU.They acted like the vet should be satisfied they got something from VA and leave it at that.

I had DAV too for 2 claims. That rep as well didn't think I had chance to succeed at all but I did.

I wonder how many vets or widows just walk away from a potential claim when they have a rep who doesn't try to support the claim at all.

Edited January 11, 2011 by Berta

[carlie]

I try to pretend here at hadit that I am a rater sometimes so that I can see the landmines in a claim.The potential reasons they could deny.

Berta,

We walk the same path.

[broncovet]

Yes. Berta said,

And reps in the 1990s (and probably still today) were reluctant, after they got the vet an award, to appeal it for a higher rating or TDIU.They acted like the vet should be satisfied they got something from VA and leave it at that.

There is no doubt this is true. Veterans are "afraid" of asking for anything else that the VA will instead take away what they have. In my opinion this is largely "horse puckey". Veterans have lots of hoops to jump through to get their benefits...and even if the VA wanted to reduce your rating, there is a very strict procedure they have to do before they can reduce.

Finally, I really think it is even possible that by appealing for more benefits you have an even lower chance of a reduction. Reason: Reductions are likely done by "a different department". Since there is ONLY ONE paper C file, per Veteran, it is highly unlikely that you will be "reduced" in rating while your claim is sitting at the BVA waiting to be heard by a judge. JMHO

Edited January 21, 2011 by broncovet

[deanbrt]

DAV is absolutely worthless and I wonder how many vets have lost out because of their complacency and incompetence....

Well put John-

When I presented to my former vet rep my "war plan" for my last claim (that is my way of developing my claims-I use a photo of my VARO in the center and then use war plan symbols arond it to represent my avenues of attack)-

my rep as a former USMC officer in Vietnam said he was startled to see it.He had no faith at all in that claim.

I advised the POA lawyer when I won it and he had quit his job by then so probably never found that out.

We need somehow to always develop a system of how we will find and submit evidence and how we can combat early on, why VA would deny the claim.

Plan of action is a better term than war plan-but you know what I mean.

My IHD claim was filed in Aug and I still-at least once a week-go over my evidence to see if there is anything I missed.

I try to pretend here at hadit that I am a rater sometimes so that I can see the landmines in a claim.The potential reasons they could deny.

I have yet to meet more than a handful of reps who actually develop a plan regarding claims.

And reps in the 1990s (and probably still today) were reluctant, after they got the vet an award, to appeal it for a higher rating or TDIU.They acted like the vet should be satisfied they got something from VA and leave it at that.

I had DAV too for 2 claims. That rep as well didn't think I had chance to succeed at all but I did.

I wonder how many vets or widows just walk away from a potential claim when they have a rep who doesn't try to support the claim at all.

[retiredat44]

I know I defintely got screwed, not knowing I could have gotten much more than I orignally got the first go round many years ago, ass they denied most of my claim... if I had gotten better advice from my vso or anyone else, I would most liely have gtotten almost everything back then,, but I was really sick, beat up, int he dumpos, to sick to think.. and settled on what I did get...

without this website and people who are willing to help tell others about knowledge, we would al have been ripped off and sscrewed over even more..

[Papa]

I can still recall my first visit to a DAV office, and it was horrible. As I walked into the office, the rep looked up at me and said, "What the hell is wrong with you?" Probably the smartest thing that I did was leave, and not do what I normally would have done. That is beat is little brain in with a chair.

Papa