Jump to content

Sponsored Ads

  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!

Recommended Posts

Hi all,

The DAV filed a claim for me for loss of right testicle due to agent orange exposure.

I knew it wouldn't fly but they had gone ahead anyway. Total waste of my time.

They sure are quick to jump on issues before a good analysis is performed.

This is one of the reasons I fired them!

However, I do have evidence and will change the claim during my appeal.

Just finished the summary of my appeal for upcoming local hearing.

I have attached the document and would appreciate comments.



Summary for local hearing of Right testicle removal.doc

Share this post

Link to post
Share on other sites



Has a doctor connected in writing (a nexus) of the testicle problem shown

on your exit physical, to the surgical removal of your testicle and loss of creative organ.

It could possibly be done by C&P examination, but if I had a doctor that would write it up

I think that would save you some time and help ensure a grant.

Keep in mind that you connecting the medical evidence is one thing but a doctor

will need to do it and provide the medical rationale to support their opinion.

Your pdf looks pretty good - you've done a good job.

Share this post

Link to post
Share on other sites

"Issue was denied in the May 28, 2009 rating decision."

What was the exact wording of the denial?

Did they remove a soft tissue sarcoma type of cancer? If so that is an AO cancer.

Share this post

Link to post
Share on other sites

Berta and Carlie are right.

You did a good thorough job on your documentation, assuming, of course, your medical records support it. As Berta said, you need to "attack" their reasons and bases for a denial.

You can attack reasons for denial in two main ways, errors of fact or errors of law:

1. You can attack factual basis, that is, if the decision states facts that you dispute. If the RO cites a medical report, then you can obtain and IMO or IME to dispute that medical practioner's opinion.

2. You can also attack the decision for legal reasons, that is, they did not (correctly) apply the regulations.

If you are appealing at the BVA/DRO level, you can dispute facts that you consider in error.

However, CAVC appeals generally do not change factual determinations. The usually involve legal issues.

Keep in mind, if your appeal "keeps going" the higher courts generally dont allow factual disputes, and focus instead on errors of law. If you do have a factual dispute, you need to bring that up at the BVA level, and not wait until it gets to the CAVC level.

Share this post

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • OK so I had pancreatectomy in 2003 due to an impacted goldstone 2/3 of my  Pancreas was removed I am type one diabetes with very large scars continued diarrhea stomach problems Constant back and shoulder pain I recently received a Nexus letter from my  endocrinologist related to my service in the gulf war.  Any suggestions or advice from anyone
    • I would like to meet other Hadit members who live in Michigan.  We have at least two major VA Hospitals (Battle Creek, Ann Arbor).  Or maybe you go to the the John Dingell in Detroit.  

      I like Ann Arbor.  I like the fact that most of the doctors there are also at the UM Hospital.  I don't like how uickly they seem to turn over though.  
        • Like
      • 5 replies
    • Really?
      I am confused.  A few days ago I spoke to a person at a VARO who said if I die from something other than service-connected my husband gets zero, zilch, squat.  Hmmmmmm, it seems the rules change willy-nilly...I have been rated 100% P & T for over 10 years, MS is static, and I am 56 years of age.

      Can a fellow Veteran shed a light on this?

      Thank you.
        • Haha
      • 15 replies
    • Fund raising for HadIt.com
      The site is supported through ads and ad free subscriptions, we are also asking for any support you would like to send our way. You can give a $1 or more it all helps. Keep in mind though that it is NOT tax deductible and we are NOT a non profit. As the site grows so do the costs and ads and subscription do not always keep pace with the costs. Any help is appreciated, but not required.
      • 11 replies
    • Carol Ozanecki- Blue Water vet Advocate called me with this news:


      Also there is a article in Pop Culture she sent to me----mentionig Blue Water vets buy I felt it was too political to post here. You can google it if you want to read it.


      • 10 replies

Important Information

{terms] and Guidelines