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Question
Berta
Update to SVR BVA show-
I mentioned 2 BVA claims on the show and wanted to post the links here :
“The Board notes that the Veteran reported to an August 2011 psychiatric examiner that he had been awarded disability benefits from the Social Security Administration (SSA) two years ago. The Board acknowledges that the duty to obtain relevant SSA records extends to claims for service connection. See Quartuccio v. Principi, 16 Vet. App. 183 (2002). However, in this case, the Veteran specifically indicated that the award of SSA benefits was for an unspecified leg condition. He has not suggested, and the evidence does not otherwise indicate that SSA would be in possession of any records relevant to the claims on appeal. Accordingly, a remand to obtain SSA records is not necessary. “
http://www.va.gov/ve...es5/1147493.txt
The claim's Point I wanted to make was as to how proactive WE as CLAIMANTS must BE.
If proof of continuous symptomatology is needed for the claim,the BVA determines of the evidence is credible.
For example in this above case - this veteran claimed reaccurrent headaches due to an inservice injury.
The veteran had no medical nexus between an in service injury and the headaches.
Also the veteran's self reported statements of continuity of the headaches had no probative value to the BVA.
“Based on the lack of credible evidence of continuity of symptomatology, and the lack of competent and credible evidence of nexus, the Board finds that service connection for a disorder manifested by headaches is not warranted. “
Somehow in spite of a receipt of a VCAA letter, it apears that this veteran took no action at all to try to bolster his claim.
And as I said on the show "No miracles occur at the BVA or at the CAVC". But this baby is darn close to a Miracle. The issue was TDIU.
The BVA actually (and correctly) went against the findings of the VA Comp and Pension director's opinion!
“Conversely, the Director of Compensation and Pension found that the evidence did not demonstrate the Veteran's service-connected PTSD was more disabling than the 50% assigned under the schedular criteria and there was no exceptional or unusual disability picture that rendered the schedular criteria inadequate. He further found that the evidence did not establish that the Veteran is unemployed and unemployable due to service-connected disabilities. However, because the Director provided no rationale in support of the opinion, it appears to be conclusory. We therefore afford that opinion relatively low probative value. “
ORDER
Entitlement to TDIU is granted on an extraschedular basis, subject to the laws and regulations governing the payment of VA compensation.
http://www.va.gov/ve...es5/1147472.txt
That stuff doesnt happen often at all but it shows that the BVA will give a higher level of attention to the evidence for and against a claim,and the BVA attorneys are far more proficient in VA 101 than the R0s are, and always up to date on any new precedent decisions, and changes in regulations, and ,in my opinion , will review EVERYTHING they have received that is rbative to the claim , unlike much of the adjudication at the RO level.The BVA does not want to be overruled by the court.So their denials are prepared as carefully as their awards or remands are.
Claimants have successfully had BVA decisions overturned but it doesn't happen too often.
Best to shape the claim right from the git go -with the potential of a possible BVA review in mind -if the claim is denied by the RO.
It might help (and I started to do this with my last claim), to add an evidence list to everything you send.
In other words I would state I have enclosed the following evidence, MRI dated XXX,and EKGS dated XXXX etc etc and this is in addition to my prior submission on (date) of the veteran's MRI as reviewed by Dr XXXXX., a medical treatise regarding XXXX, and paragraph 5 of the VA Training letter # XXXXXX regarding DMII.and etc etc
My final evidence list and submission was quite a long list but I had documented to VA everything they should have.in each subsequent submission I had made.
Edited by BertaGRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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