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Sucess is Subjective, I think I won, and I am done. Late Entry: this was awarded 2016
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deanbrt
Well, I guess I am pretty depressed right now. I was told today, the Director of C&Ps opinion was not favorable. I just don't understand. their own C&P exam of me was favorable and met the criteria. See below.
I just don't understand, Linda.It all seems cruel now. I was told verbally this morning that my file is in DesMoines and the opinion of the Director of C&P is not favorable, even in theface of a favorable C&P exam that is consistent with VA regulations and therule that the benefit of the doubt goes to the veteran. How can that be?
So now my appeal for secondary that has been all the way to CAVCand back over the course of 5 years goes yet again to the Board of VeteransAppeals, now along with this claim for IU. Meanwhile Our financial circumstancebecomes more desperate and my personal health even worse. My heart went out ofrhythm in August and I will see a cardiologist tomorrow at the Iowa City VAMC.They will probably recommend trying to shock it back into rhythm after puttingme on blood thinners to prepare for it…..
Dean Xxxxxxxxxx
xxxx Colxxxx Drive
Cedar Falls, IA 50613
Phone: 319-xxx-xxxx
Service Number and c file number: xxx-xx-xxxx
Thanks for any assistance you can provide.
It is theestablished policy of the Department of Veterans Affairs that all veterans whoare unable to secure and follow a substantially gainful occupation by reason ofservice-connected disabilities shall be rated totally disabled. Therefore,rating boards should submit to the Director, Compensation and Pension Service,for
extra-scheduler consideration all cases of veteranswho are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth inparagraph (a) of this section. The rating board will include a full statement as to theveteran's service-connected disabilities, employment history, educational andvocational attainment and all other factors having a bearing on the issue.
My C&Pservice examination in late April for my service-related injuries states thefollowing-
"Conditions considered for IU: bilateral knee conditions andvaricose veins…After review of the Veteran's pertinent records (C-file and STR)as well as most current medical examinations, diagnostics, and consults; withreview and examination of the Veteran and in light of most pertinent andcredible medical information and sources; IT IS AS LEAST AS LIKELY AS NOT THATthe Veteran meets the criteria to be considered solely and medically unable toseek and maintain gainful employment."
So, now my remanded appeal for secondary goes back to BVA with this IU claim. The secondary has two IMOs vetted by one of the best law firms in Washington and has been to CAVC once and remanded (prior to the IMOs). I have been told it will get large priority because it has kept the CAVC Docket Number. But it is still all so disheartening because the evidence for both in my favor is so dramatic. I go to the VAMC tomorrow. In addition to my other health issues I have now developed a heart condition. They want to put the paddles on me to shock it back into rhythm. In August i developed a pinched nerve in my neck that sent me to the emergency room and an MRI shows degeneration between C5 and C6.
Edited by Pete53Redact personal information
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