At A Loss

[kirk192]

7 years ago I was diagnosed with a brain tumor. I was 9 years out of service, however, there where 3 other men from my Team of 40 with the same afliction. One has since passed. I filed my claim in March of 07.

It was denied 6 months later. I apealed and it was again denied. I filed suit in the court of veterans appeals and it was remanded with specific instructions to have me undergo another C&P exam. The BVA said that the "respectfully disagree" with the court order and simply denied the claim. However, they gave me specific reasons as to why the claim was denied. I filed suit again, and, again it was remanded. I have since submitted medical information that contridicts thier admitted lay opinions as to why my claim was denied. First submission was directly to the VA RO, I even got them to sign confirmation of receipt. That information was "lost" with no explination. I then sent it all myself with signature confirmation. It was received.

I called the AMC several weeks later and they told me that they where waiting for my file from my Regional office. I went to my regional office and they told me my file was at the AMC. I went to the DAV and they said that my file was at AMC and refused to call and verify. Have called my Senator and gotten the standard "we are looking into it".

Anyone have some suggestions?

[Berta]

“As for my MOS-I was a Navy SEAL. I have made the medical nexus to oxygen toxicity, the cell damage, and distortions in the DNA which causes abnormal growth in the regeneration of damaged cells. “

I am a civilian so I am making an assumption- did you get oxygen toxicity due to diving as a seal?

Also, I a making an educated guess and might be wrong- is this your BVA case?

http://www.va.gov/vetapp/wraper_bva.asp?file=/vetapp11/Files4/1139754.txt

I have only seen a few times where the BVA goes against the CAVC.

Do you have a lawyer representing you?

I have friend who is a former Diver for Navy so I am sure that I posted the training letter BVA mentions,in this decision , in our Fast letter/training letter forum for him some time ago as the VA was questioning his hearing loss as due to diving during the Vietnam War.

I will check.

[Berta]

One more question:

do your medical records reveal your brain tumor is a soft tissue sarcoma?

If so, did you serve in Vietnam?

STS (Soft tissue Sarcomas) are service connected in any incountry Vetnam veteran if their medical definition is found in the STS list here at hadit. There are about 34 STS types that VA will SC as presumptive to Agent Orange.

[kirk192]

I did not serve in Vietnam.

[kirk192]

“As for my MOS-I was a Navy SEAL. I have made the medical nexus to oxygen toxicity, the cell damage, and distortions in the DNA which causes abnormal growth in the regeneration of damaged cells. “

I am a civilian so I am making an assumption- did you get oxygen toxicity due to diving as a seal?

Also, I a making an educated guess and might be wrong- is this your BVA case?

http://www.va.gov/ve...es4/1139754.txt

I have only seen a few times where the BVA goes against the CAVC.

Do you have a lawyer representing you?

I have friend who is a former Diver for Navy so I am sure that I posted the training letter BVA mentions,in this decision , in our Fast letter/training letter forum for him some time ago as the VA was questioning his hearing loss as due to diving during the Vietnam War.

I will check.

Yes this is my case. I already recieve 10 % for hearing due to diving. Can we talk? I submitted VA Training Letter 07-04 in rebuttle to the last denial.

[Berta]

I found a similiar BVA case, where the issue of 9 years after service to diagnosis of

oligodendroglioma

was granted.

(by a different ALJ at the BVA)

In that case the VHA oncologist supported the claim.

In your case it states:

"In their joint motion for remand, the parties argue that the examiner did not provide a sufficient rationale for her opinion; specifically, they argue that it is unclear whether the examiner's conclusions were the result her own knowledge, or whether she had researched medical literature and her conclusions reflect the limits of current medical knowledge. They have requested that the case be remanded so that the examiner can clarify her opinion. The Board respectfully, disagrees. "

BS to that-I went through this crap many times with the VA.

What were her credentials? Did the BVA ever send your case to the VHA oncologist for an opinion?

Did you have a lawyer at the CAVC and if so, will they continue to support and appeal your claim?

I found some statements in your BVA decision that appeared to be unsound and almost aggregious.

It will take me some time to go over the notes I have taken already on the decision and I will get back here with my opinion and how I feel the BVA decision could be appealed.

However, this claim might well take another IMO as the IMO you had did not conform to the IMO format here at hadit.

But an IMO cannot be presented to the court at this point.

Are you able to handle the cost of an additional IMO, if the court would grant another joint remand?

Joint remands from the CAVC are the only way to open the door for more evidence.

I hope others here will take the time to look over this veteran's decision.

In part it states:

“The Board finds that a remand is unwarranted. As a factual determination, the Board finds that there is sufficient evidence to conclude both that the examiner's opinion is based on the limits of current medical knowledge concerning the causes of brain tumors and that a remand would not provide any additional information that would provide any possible basis to grant this claim. Further, the Board finds that neither point cited by the parties of the joint motion is required to make a medical opinion "adequate" in this case. Simply stated, the parties of the joint motion are adding additional requirements to a VA medical opinion that are simply not required under VA law, particularly in light of the facts of this case. “

I think those statements and other nuances to this decision should be appealed ASAP at the CAVC.

How much time do you have left to file another CAVC appeal and is your CAVC lawyer going to support one?

I do see points that are lacking in the claim but hope others here will see what I see in the BVA decision.

Also-have you ever contacted Dr. Harry Whelan?

http://www.mcw.edu/n...tm#.UC5LzKMczTw

Edited August 17, 2012 by Berta

[kirk192]

I found a similiar BVA case, where the issue of 9 years after service to diagnosis of

oligodendroglioma

was granted.

(by a different ALJ at the BVA)

In that case the VHA oncologist supported the claim.

In your case it states:

"In their joint motion for remand, the parties argue that the examiner did not provide a sufficient rationale for her opinion; specifically, they argue that it is unclear whether the examiner's conclusions were the result her own knowledge, or whether she had researched medical literature and her conclusions reflect the limits of current medical knowledge. They have requested that the case be remanded so that the examiner can clarify her opinion. The Board respectfully, disagrees. "

BS to that-I went through this crap many times with the VA.

What were her credentials? Did the BVA ever send your case to the VHA oncologist for an opinion?

Did you have a lawyer at the CAVC and if so, will they continue to support and appeal your claim?

I found some statements in your BVA decision that appeared to be unsound and almost aggregious.

It will take me some time to go over the notes I have taken already on the decision and I will get back here with my opinion and how I feel the BVA decision could be appealed.

However, this claim might well take another IMO as the IMO you had did not conform to the IMO format here at hadit.

But an IMO cannot be presented to the court at this point.

Are you able to handle the cost of an additional IMO, if the court would grant another joint remand?

Joint remands from the CAVC are the only way to open the door for more evidence.

I hope others here will take the time to look over this veteran's decision.

In part it states:

“The Board finds that a remand is unwarranted. As a factual determination, the Board finds that there is sufficient evidence to conclude both that the examiner's opinion is based on the limits of current medical knowledge concerning the causes of brain tumors and that a remand would not provide any additional information that would provide any possible basis to grant this claim. Further, the Board finds that neither point cited by the parties of the joint motion is required to make a medical opinion "adequate" in this case. Simply stated, the parties of the joint motion are adding additional requirements to a VA medical opinion that are simply not required under VA law, particularly in light of the facts of this case. “

I think those statements and other nuances to this decision should be appealed ASAP at the CAVC.

How much time do you have left to file another CAVC appeal and is your CAVC lawyer going to support one?

I do see points that are lacking in the claim but hope others here will see what I see in the BVA decision.

Also-have you ever contacted Dr. Harry Whelan?

http://www.mcw.edu/n...tm#.UC5LzKMczTw

Berta,

I have had a lawyer and won a remand on May 15,2012. I have sent medical articles and wikipedia on O2 toxicity detailing its effects and including early symptoms that went un noticed even by me to includ a detached retna, hand tremors. I still have time to add info, but no one can tell me where I stand. AMC says it is waiting for my file from my RO. My RO says that my file is in DC. My RO has been trying to get it straight but AMC is not responding.