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

[dav_marine72]

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!

[Pete53]

Bobby

Hang in there as long as you don't give up you will win your claim.

My bitch about the VARO exactly they don't read but they are great at copy and paste.

[carlie]

dav_,

I sure hope you get some resolve soon.

You lost me here.

You are IU and you run a sports memorabilia store ?

[Philip Rogers]

I suspect that if the VA new you ran a sports memorabilia store they'd take back the TDIU and pursue a fraud claim against you, especially w/an adjustment disorder rating of 50%. jmo

pr

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. :)

Edited April 12, 2011 by Philip Rogers

[john999]

If you are on TDIU and you pay SSA, file taxes and run a store I wonder what you tell the VA when they send you that employment questionaire? You get SSD and TDIU and you manage a store? Is this something you do at a flea market on weekends I hope? About how much money did you earn last year? You are on the chickenshit verge of a big problem.