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I Wait 2 Years For The Bva To Remand 14 Issues. Wtf. Bva Do Your Job. You Should Not Be Paid You Do Nothing!

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dav_marine72

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  • HadIt.com Elder

Well after a two year wait I receive two separate decisions today from the BVA today. The first decision was not on my layers watch but will be now. The VARO denied me for the following:

Initial higher rating of more than 50% for Adjustment disorder from 2002.

Initial compensable rating for hypertension on appeal since sc in 2002.

Initial compensable rating for Eczema on appeal since sc in 2002.

Entitlement for service connection to GERD secondary to VA meds.

Entitlement to erectile dysfunction due to service connections and meds.

Entitlement to special monthly compensation based on aid & attendance or housebound taken away after a temporary 100% rating for service connected back surgery.

Gee guess what. It took them two years to point out my rep from the American legion had asked for a video conference hearing (I wasn't even aware of this) and since the VARO did not schedule it they are ordered to schedule it and I wait what another year or so to get my ratings. Even though the evidence of record shows all of the above should be decided my favor.

Second decision on appeal since 2000!!!!!!!!!!!!!!

Entitlement to an initial rating higher than 20% for a service connected back issue sc'd 2000.

Entitlement to a rating higher than 40% since 2009.

Entitlement to a neurological rating in excess of 10% since 2002 for a service connected back issue to include 2 failed surgeries, an L3-S1 fusion, 2 spinal stimulator trials, and a spinal stimulator implant at the VA in 2010.

Entitlement to a compensable rating for residuals of a left 3rd metatarsal fracture of the left foot to include severe pes cavus, severe ankle equinus, arthritis and degenerative changes on xray, drop foot, tarsal tunnel syndrome, and nerve entrapment on appeal since 2000.

Entitlement to a rating higher than 10% for residuals of a left 3rd metatarsal fracture of the right foot to include severe pes cavus, severe ankle equinus, arthritis and degenerative changes on xray, drop foot, tarsal tunnel syndrome, and nerve entrapment on appeal since 2000.

Entitlement to a compensable rating for chronic right groin and testicle pain on appeal since 2000.

This little super group was denied in 2001 by the VARO, denied in 2004 by the VARO, denied in early 2008 by the BVA, BVA decision thrown out in late 2009 by the U.S. court, and returned to the BVA late 2009.

So instead of using the evidence of record which proves ratings of at least 40-60% ortho back, 40-60 % each leg for neurological, 50% for pes cavus bilateral minimum not counting everything else from the feet, and 10% for the groin pain based on three separate medical evaluations stating it should not be rated under a urological rating but a neurological / nerve rating (includes a VA doctor).

All items sent back to the VARO for new exams. Instructions include telling the examiners to state whether they feel the exam can be conducted with general medical knowledge or if specific knowledge is needed. Instructions telling the examiners to state if they feel they are not qualified to give the exam (yeah right). A bunch of normal VA crap running down symptoms of higher ratings which are in the evidence of record by 10-15 different doctors (VA and Civilan). I'm waiting to hear back from my lawyer but she thinks we may go with the "develop the claim to deny the claim theory" based on the fact the BVA could have made decisions on all the above items without having a bunch of APRN general medical practitioners conduct exams on aliments for which they have no special training for.

Am I pissed off? Hell yes. I don't care what anyone says to remand this shit after having my case for 2 years to me is criminal. I guess I will be waiting another year for the VARO to schedule the 7-8 exams needed and then make wrong decisions. The BS never ends!

USMC 1st Battalion 1st Marines 1st Marine Division 91-95

100% P&T

"The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional to how they perceive the Veterans of earlier wars were treated and appreciated by their nation."

George Washington

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  • HadIt.com Elder

Well, you have a lawyer who believes in your claim. I think you will win in the end. Lawyers don't take claims they don't think they can win.

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  • HadIt.com Elder

Yeah I know John. I appreciate the post. I know 11 years is not as long as some people wait but it's starting to weigh on me. I haven't been on here that much because I just can't stomach it anymore. Thanks man.

Edited by dav_marine72

USMC 1st Battalion 1st Marines 1st Marine Division 91-95

100% P&T

"The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional to how they perceive the Veterans of earlier wars were treated and appreciated by their nation."

George Washington

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I know how you feel, and it is a #@%_@%& shame. I have a 87 year old veteran WWII who's ship was sunk by a Kamikaze Betty and he was in the hospital etc., his case has been on appeal for over five years. He is pretty much not going to make it to see his appeal resolved and I get so PO"d over this my blood pressure goes up. His wife has Alheismer ? and is in care. So what the hey are we supposed to do? Truly NO ONE CARES OUT SIDE THE VETERANS!!!!

bobbyq
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  • HadIt.com Elder

I hate to hear those stories Bobby. My lawyer has a case know in the same limbo. Even though they have the expedited deal we all know it's BS. I guess I should be happy. I'm relatively young, not terminally ill, have two healthy kids, there is always food on the table, TDIU, SS award. Thanks for the post if gets my mind off thinking about myself. I commend you for helping Veterans. I thought I could do that knowing VA law pretty well now but I quickly learned I just can't stomach it. So I run a sports memorabilia store instead. I make people happy and people's livelyhoods are not at stake. :)

USMC 1st Battalion 1st Marines 1st Marine Division 91-95

100% P&T

"The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional to how they perceive the Veterans of earlier wars were treated and appreciated by their nation."

George Washington

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  • HadIt.com Elder

My mother died in a nursing home waiting for A&A. The county VSO said the VA did it on purpose. They know that these ailing people will probably die soon so they delay the process to save a buck. I got my aunt A&A before she died. If I had to wait 11 years for benefits I would be mad as hell. I am waiting three years for a CUE that would award me an increase retro to 1971. I have heard the most incredible denials. My lawyer can't believe the bogus reasons for denial but he keeps on plugging.

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I hate to hear those stories Bobby. My lawyer has a case know in the same limbo. Even though they have the expedited deal we all know it's BS. I guess I should be happy. I'm relatively young, not terminally ill, have two healthy kids, there is always food on the table, TDIU, SS award. Thanks for the post if gets my mind off thinking about myself. I commend you for helping Veterans. I thought I could do that knowing VA law pretty well now but I quickly learned I just can't stomach it. So I run a sports memorabilia store instead. I make people happy and people's livelyhoods are not at stake. :)

I only do a few claims anymore. I get depressed and so PO's I can not handle it. I did a claim for a Vietnam era vet who served in KOREA. It was for ischemic heart and AO exposure. He served on the DMZ in Korea in 1968, Even though I sent the Agent Orange stuff in for KOREA he was denied cause he could not show he was in Vietnam. What the hey. Dont they read? I had to submit the evidence to show AO in Korea on the DMZ his unit records showing he was stationed there and so on and I had to tell VARO to please read the paperwork!! Gawd, now we are about fourteen months into the claim waiting for a resolution. He finally got the rating exams thank God. I cannot handle the frustration anymore.

bobbyq
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