Cue Or Fraud

[capted]

My DRO hearing claim was denied for presumptive illness of PC due to no records that I was in Vietnam.

Five notarized buddy letters from fellow aviators attesting that I was in Vietnam were listed as evidence in the SOC.

My VA advocate and I discussed these letters in the presence of the DRO for 13 pages of the transcript of the hearing.

In the SOC REASONS AND BASES:

The DRO purposely ignored by buddy letters in the REASONS AND BASES section.

I had hard evidence that my squadron (VP-42) was deployed to Iwaukuni, Japan and sent

detachments to Vietnam. I had hard proof that I was a Naval Aviator member of VP-42 at

the time VP-42 was sending detachments to Vietnam. Combined with the credible lay evidence

of 5 Naval Officers the decision should have been in my favor.

The DRO stated "There is no basis in the available evidence of record to establish service connection for prostate cancer".

The buddy letters were listed as evidence and discussed.

She did not refute the letters (available evidence) in the REASONS AND BASES, she purposely ignored them.

Is this a mistake in clear and unmistakeable evidence or fraud?

Should I sue?

Why should I have to wait two years or more for a VBA?

[carlie]

The part that stands out to me the most is that the VA examiner stated your spinal stenosis and DDD

was related to military service and provided medical rationale to your injury and the door - yet they denied it.

I would surely rebut this.

[capted]

I'm sorry to be so late updating my situation.

I kept searching for squadron members and thank God,

I found one who was a pack rat.

He had a copy of orders to Saigon with my name on it.

The VA reversed its decision and even gave me the disability

on Tinnitus which I did not even ask for in my yet unfiled appeal.

I did not appeal but had threatened to with the exposure of the DRO

as incompetent and ignorant of the law.

In the decision to reverse their decision they even referenced

the buddy letters which were not even listed as evidence in the

first decision.

The consensus was they would lose on appeal so they wanted

to cover their donkey.

Also they did not want to expose that they were not following

the law as to the value of buddy letters and the evidence that I

was in the same area (Iwakuni) same time, same suadron and the

squadron having detachments to Vietnam.

If it had not been for the copy of orders, I would probably still

be appealing the decision but no doubt would have been succesful without

the orders.

A retro check of almost $70,000.00 was sweet.

DON'T ACCEPT A DRO DECISION THAT YOU KNOW IS WRONG.

DON'T GIVE UP WHEN YOU ARE RIGHT!!!!!

BTW I have not been able to find a way to update my icon.

I was not a seaman but a Naval Aviator with the rank of LT.

I give my permission to update it.

Edited February 11, 2012 by capted

[Berta]

"DON'T ACCEPT A DRO DECISION THAT YOU KNOW IS WRONG.

DON'T GIVE UP WHEN YOU ARE RIGHT!!!!!"

My philosophy too!!!!!

If the DRO is wrong ,the SOC should be rebutted word by word for anything that is incorrect.

If they do not list as Evidence and then consider relevant evidence, that point must be made in the SOC rebuttal.It violates 38 USC 4.3 and 4.6 and M21-1MR stuff.

I had a DRO who couldn't read.

Long story. I told the Committee on Veterans Affairs about that situation.

I have prepared War Plans for my past claims.

All I mean by that is plans of avenues of attack on erroneous decisions.

The ammo is of course evidence and VA case law and regulations.

Congradulations!!!!!!

[Berta]

"DON'T ACCEPT A DRO DECISION THAT YOU KNOW IS WRONG.

DON'T GIVE UP WHEN YOU ARE RIGHT!!!!!"

My philosophy too!!!!!

If the DRO is wrong ,the SOC should be rebutted word by word for anything that is incorrect.

If they do not list as Evidence and then consider relevant evidence, that point must be made in the SOC rebuttal.It violates 38 USC 4.3 and 4.6 and M21-1MR stuff.

I had a DRO who couldn't read.

Long story. I told the Committee on Veterans Affairs about that situation.

I have prepared War Plans for my past claims.

All I mean by that is plans of avenues of attack on erroneous decisions.

The ammo is of course evidence and VA case law and regulations.

Congradulations!!!!!!

[Chuck75]

Capted,

I saved your post here without the document attached.

You can probably make copies of the pages you want to scan and post,

mark out all of the personal info like name, SSA #, etc...

Then rescan that and post it back in this topic.

Here's your post.

Hi Guys,

"Here is a scan of the Reasons and Bases:

My main concern is presence in Vietnam which will get me 100%.

I put in for tinnitus. I presented a study that said people with normal

hearing can have tinnitus. Tinnitus is not diagnosable.

She said the study was "generic" and did not apply to me because

my name was no where in the article.

Where does the VA get such people."

The "study is generic" statement is enshrined in VA RO denial practice. I've seen this used in denials for A/O related conditions, that are not specifically called out by the VA as "presumptive". The "Ranch Hand Study" was often the A/O related study discounted by the VA. A similar statement may be used by the VA when non precedential court rulings or previous case awards were cited as being in favor of the claim. In my particular case, a condition "known" by the medical profession to be caused by or aggravated by an already SC'd condition, and even referred to in the VA/DOD treatment standards and guidelines as being related was denied using the "generic" based denial logic. The A/O review board reversed the denial, since it was for a condition specifically and recently added to the presumptive list.

Somehow, I totally missed this thread, or would have commented on it in a more timely fashion.

[carlie]

A retro check of almost $70,000.00 was sweet.

DON'T ACCEPT A DRO DECISION THAT YOU KNOW IS WRONG.

DON'T GIVE UP WHEN YOU ARE RIGHT!!!!!

BTW I have not been able to find a way to update my icon.

I was not a seaman but a Naval Aviator with the rank of LT.

I give my permission to update it.

Congrats - spend wisely !

Your rank of seaman is just related to hadit.com - not your service.

You can update your profile to show new percentage level of service connection.