My Bva Remand

[bm6546]

I have attached my BVA remand and I am hoping someone can PLEASE help me to explain what this means. I am slowly starting to understand a little about what it might say...I think!!

Anyone that can shed a little light on this and what my next steps would be is a great help.

Thanks in advance.

Brian

Remand page 2.pdf

Remand page 3.pdf

Remand page 4.pdf

Remand page 5.pdf

Remand page 6.pdf

Remand page 7.pdf

Remand page 8.pdf

Remand page 9.pdf

[Berta]

I am confused by what you had posted here previously and what this remand states.

However, maybe I need to read it all again.

I am assuming you have heart disease that you claimed as secondary to or as aggravated by the SC PAT.

But I cant tell here if it is a ratable level and the C & P results fro the C & P exam will reveal more regarding that.

I still feel the medical association between the PAT and the IHD (did I understand that you do have IHD?)

Must be spelled out clearly by a cardio doctor in an IMO.

In my opinion this is the most important statement the BVA ever makes in most of these remands:

"The appellant has the right to submit additional evidence and argument on the

matter or matters the Board has remanded. Kutscherouslcy v. West,l2Yet. App.

369 (reee)."

That is when an IMO, if not submitted before, can do wonders.

Something seems missing in this remand. I will read it over again later.

It does infer TDIU might be a potential consideration but that depends on the outcome of this claim before the VA will formally consider that.

Edited November 18, 2011 by Berta

[Berta]

To add, those SSA records could be critical to your claim and I see the VA has NEVER obtained them-and must do that on remand.

What seems to be missing is this-

my claim was remanded for the opinion of a cardiologist.Because that claim involved IHD.

I tracked where the C & P request went and it came here to Bath VAMC-the very same hospital that malpracticed on my husband's fatal heart disease, DMII and CVA years ago.

Then I found out the posthumous C & P was being performed by a PA.Not an opinion by a cardio doc that BVA had called for.

I dont see in this remand -maybe others do- where a specific cardio opinion was requested.

If the BVA didnt specify a cardio opinion (or even if they did but I dont see it there)

the only way to combat that type of opinion ,if it is negative, is with an IMO.

If they dont specifiy a cardio opinion, you will get a C & P from someone who doesn't have a clue.

I have suggested here before that we ,as claimants, should try to satisfy the remand ourselves.

That is why I ordered a cardio IMO.

As soon as I got the C & P results I knocked that all down medically and sent the rebuttal to the BVA.

They threw out the VA opinion as I had 3 other IMOs that VA had not considered in years.

I took full advantage of my rights on remand to send in more evidence.

I didnt send it to the AMC or my RO of origin because they cant read, I sent everything directly to the BVA once my claim had been transferred there.

If you have no service nexus of your heart disease as separate from the SC PAT,then you need an IMO that states that the SC PAT aggravates the additional NSC heart problems or has contributed to them or- that the PAT rating should be higher than it is.

Edited November 18, 2011 by Berta

[Wings]

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I think the BVA did a pretty good job with this remand: they were able to separate and define your heart issues --and providing for another C&P Exam. I did not see the BVA address the issue of "anxiety", wasn't that also part of your claim? I have to read this again.

I do think since you are already service-connected (at 0%) for a specific heart disease or disorder, you will need an IMO to show the complex relationship that exists between the past, present and future disabling conditions. What you will need to show is an intimate relationship between your heart conditions. Seems to me, the VA is trying to show two opposite/separate heart conditions, where you are needing to show complimentary, contributing conditions and causes... am I being clear, or confusing? Anyway, just my humble opinion.

You would also do well as to find a veteran-friendly mental health provider to state that your serviice-connected PAT has caused your anxiety.

I'll read is again ... ~Wings

Edited November 19, 2011 by Wings

[R2004]

In 2004 I filed a I filed for VA compensation for 5 conditions (1 being mental health) I submitted all the medical documents with my original claim. In 2005, the VA denied all my claims...surprise. I filed a timely disagreement and asked for more time because I was stationed overseas with my spouse (2003-2010).

Never heard from the VA until we got back to the states in 2010 - I had more problems with the PTSD and depression and sent in “more evidence” Thats when i got a call from the VA remand office. Had to write my congressman to get my VA Claims file...but it was worth it when I found a VA Appeal decision I never even knew about!

The VA Board of Appeals Remanded all my claims to the VA Regional Office (I was never given any C&P exams).

The VA scrambled and sent me on a mental health C & P exam in 2011 (service connecting the mental health issue…Remand office told me the rater looked at it and said “30%) but all the medical issues in the C&P exam were mostly untruths and incorrect information. It was very disturbing to read lies and untruths in the C & P exam…I took a loan out and paid for my own IME, which service connected everything with a timeline, and refuted the VA's.

I sent the IME in with more evidence the VA never even considered. The REMAND office is now saying I will have to go on more C & P exams since my IME refuted the VA C & P exam. This could go back and forth for decades and it's already been almost 10 years!

At this point I'm thinking I need an attorney. Any suggestions on attorneys?

Anybody ever get a rating after sending in an IME that disagrees with the VA's C & P exam?

[Berta]

"Anybody ever get a rating after sending in an IME that disagrees with the VA's C & P exam"

Yes Many of us here have used IMEs or IMos to refute VA's findings.

You mentioned 'The REMAND office' - where is and who is the remand office?

"The REMAND office is now saying I will have to go on more C & P exams since my IME refuted the VA C & P exam. This could go back and forth for decades and it's already been almost 10 years!"

You stated you claimed 5 conditions.

It seems,in my opinion, they are going to do a C & P for each condition.And that would make sense as I assume you only had a MH C & P so far? But the IME refuted all of the conditions they denied ...?

"Anybody ever get a rating after sending in an IME that disagrees with the VA's C & P exam"

Yes Many of us here have used IMEs or IMos to refute VA's findings.

You mentioned 'The REMAND office' - where is and who is the remand office?

"The REMAND office is now saying I will have to go on more C & P exams since my IME refuted the VA C & P exam. This could go back and forth for decades and it's already been almost 10 years!"

You stated you claimed 5 conditions.

It seems,in my opinion, they are going to do a C & P for each condition.And that would make sense as I assume you only had a MH C & P so far? But the IME refuted all of the conditions they denied ...?