1998 Appeal Won A Remand Of All Issues At Cavc

[allan]

My 1998 appeal won a remand of all issues at CAVC. I just recieved it.

Now to see what the BVA will do. The CAVC judge didn't let them get away with blowing off three favorable medical opinions.

He stated the board must give adequate reasons why these three opinions were given no to little weight or probative value.

[Vync]

Congratulations Allan, I hope you win.

[carlie]

allan,

This is great - finally - they are going to HAVE to consider the medical evidence.

I agree with Hoppy - if the CAVC judge could have denied it - they would have.

Now lets hope the BVA doesn't sit a diddle around with it forever and they do their job!

[allan]

Thank you everyone for all your comments.

The way I read the judges decision, like me, the judge couldn't figure out how the board blew off every favorable medical I and they obtained and think they won't get caught. He listed every error they made.

.

After more than a decade under BVA review, they sent me for a C&P for the shoulder and left arm only. They failed to provide a C&P for the cervical, thoracic and lumbar. The Dr said the arm and shoulder were service connected.

So the BVA granted the shoulder and ignored the arm issue. The Judge pointed out every lousy trick they pulled and is forcing them to correct it. Quoted Dr Bash's medical rational twice and pointed out that every medical opinion they Dr shopped against me had no medical rational or bases over his, their examiner or my private Dr's examination with opinion.

Since 2009 when the BVA remanded the shoulder award back to the RO for rating. The RO granted 10% without providing a C&P to determine what was wrong with the shoulder. I NODed that and after a C&P in March 2010, I still wait for the final award for it.

Hopefully a CAVC remand, with an attorney, won't let them drag it out like they have in the past.

To all veterans still fighting for their benefits..................NEVER GIVE UP!

Even if I don't recieve a dime out of it, stopping them from cheating all of us is a win, win, win.

[Capt.]

Congratulations Allan,,,,this is good news as you have said for you and for all of us. Another victory,,,,,though drawn out as typical VARO and BVA , now they have met a higher court that sees their incompetence. I am espcially waiting when the day comes and they are told to stop acting like idiots and use your brain. Once again Allan ,,, thank you for your tenacity and you have proven my motto........ NEVER GIVE UP. God Bless, C.C.

[deltaj]

Allan, I've read your case at the court. I think it is fabulous that you finally managed to find some medical records that showed you had an inservice injury. I assume the records you found were the civilian hospital records where you were treated after the jeep accident at a civilian hospital. If they were service medical records your attorney needs to be aware of 38 CFR 3.156 © as it existed at the time of the first rating decision denying service connection. Also I notice the decision discusses V.A. may have had a duty to assist by providing a V.A. exam but that duty to assist by law only exists after a particular year. I'm thinking that might be about 1992. Discuss this with your attorney.

[allan]

Thanks Delta,

The Seattle VARO had all of my original service records in their files since the 1970's.

They chose to ignore all written requests from me and all my services officers I had over the yrs. Finally, in 1997, I spoke with a rating officer that said she was retiring in a week and didn't care what they thought and sent me what she could find. Out of a four yr enlistment, I received only the first yr and the separation exam. The smr’s just happened to include the car accident.

I had the service medical records of injuries, before I ever filed the claims.

Not a jeep. It was a 55 Chevy a friend of mind and I just caught a ride with on shore. Didn’t know the car owner. Went a few blocks and a drunk driver tee boned us. I was sitting in the middle and received a blunt chest trauma from hitting the steering wheel and was ejected. Had quite a few other injuries from it.

The VARO would tell every SO I had that I never was involved in any accidents. Had one tell me that and almost accuse me of lying and committing fraud for filing claims before I received the records.

The NAVY requested the civilian hospital ER notes according to me smr‘s. But I’ve never been able to obtain them or any of my, “ships sick call” treatment notes. They refuse to send them or they’ve been destroyed.

When I filed for hearing loss, the VARO rater nearly accused me of fraudulent statements to the C&P examiner. I claimed I damaged hearing while on ship. So the Rater stated that couldn’t have happened because I was a truck driver during service.

Had to request a local hearing after the denial and prove my case with the dd-214 they had in their files, that showed nearing 4 yrs sea duty on a heavy destroyer, out of a 4 yr enlistment.

What I read was the judge wouldn’t let the BVA and VARO’s that rated my claim, get away with refusing to except facts, omitting facts and ignoring two favorable medical examinations and three IMO’s. They listed them in their contents on the denials, SOC and SSOC‘s, but refused to give any comment for or against or grant any weight to them. Even though one was a VAMC C&P examiner, and one from my private MD I went to for over a decade following service.

Allan

　

　

　

[Allan, I've read your case at the court. I think it is fabulous that you finally managed to find some medical records that showed you had an inservice injury. I assume the records you found were the civilian hospital records where you were treated after the jeep accident at a civilian hospital. If they were service medical records your attorney needs to be aware of 38 CFR 3.156 © as it existed at the time of the first rating decision denying service connection. Also I notice the decision discusses V.A. may have had a duty to assist by providing a V.A. exam but that duty to assist by law only exists after a particular year. I'm thinking that might be about 1992. Discuss this with your attorney. ]