Some Advice About How To Present This Research

[CCC]

OK I've spent about a year compiling research and I'm ready to get it ready to send to the VA. I was wondering if anybody had a good idea on how I could put it all together, in like one page. Maybe a spreadsheet or something that says "He was here, he has lung damage, this is the chemical that caused the lung damage, this is his duty station that had the chemicals, etc."

Something like that. Does anyone have any ideas? I've been stuck here for a few days, not knowing how to do it. I would love to be able to have everything in one page, if at all possible, because I feel like it will make the most impact if they can look at it and see it all at once glance.

I just don't think I can do it that way. Between medical records, contaminant documentation and the like, I have 6 binders of information. I don't see how I can do it all on one page, but I'm open to suggestions.

Thanks in advance, if anyone has any ideas.

[CCC]

Thanks for the info, Ping Jockey. I will read more in detail after I've had coffee.

I don't know if you realize this, but you helped me in more ways than one. My husband had chronic sinusitis in the Army, for years and years. He now has severe sleep apnea. I had no idea the two were connected.

[Berta]

Could you clarify something?

The BVA decision downloaded here is dated May 2010.

Is that BVA decision regarding your claim or some one else's claim?

BVA decisions are really not good evidence at all. The BVA will be quick to say their decisions are relevant solely to the veteran who got the decision.

If BVA decisions however involve a complex legal issue, they could be submitted as evidence in that regard.

Did the "buddy" you mentioned in the 4138s ever prepare a formal buddy letter?

We have SSA info here under a search.

The VA Schedule of Ratings is linked here at hadit and contains the criteria and rating info for sleep apnea and sinusitis.

The VCAA letter should have told you exactly what info VA needs.

I will read the downloads again because I am missing any nexus statement.....then again I think need more coffee too!

[broncovet]

The way I do it is a first paragraph summary, something like this:

The Veteran disagrees with the Board decision dated 1-29-12 for 4 reasons:

1. Medical Evidence or research is in conflict with decision.

2. Legal bases conflicts with board decision

3. Faulty "reasons and bases".

4. The Board decision failed to address the Veteran's theory of entiltlement for EED, and failed to address the issue of tinnitus.

Medical Research in Conflict with Decision

The Board decision stated ......while the research, as follows, supports the Veterans position.

a) American Medical Association Journal, dated 11-19-04 links "........" to Agent Orange.

b) etc., etc.,

[ping jockey]

The BVA decision downloaded here is dated May 2010.

Is that BVA decision regarding your claim or some one else's claim?

Someone elses.

I included it with my Claim so "some V.A. Rater" couldn't say there is "no link between Chronic Sinusitis and OSA secondary too". At my first C&P Exam the Nurse Practioner said out right "there are no links, so I'm going to deny your claim today, do you want to continue with the Exam"? I knew he was wrong, didn't argue, and said "I want to go see my Pulmonologist and the Neurologist first, and talk to them first before any decisions are made here".

BVA decisions are really not good evidence at all. The BVA will be quick to say their decisions are relevant solely to the veteran who got the decision.

Understood.

I wanted to illustrate that OSA can be secondary too CRS, and that the V.A., needs to do a better job applying the law as implied in that decision - as stated in that dx...[it's obviated here that the V.A.'s administration of the law must be...]

If BVA decisions however involve a complex legal issue, they could be submitted as evidence in that regard.

Understood.

Does submitting a BVA Case with similar facts & circumstance hurt the Vet?

Did the "buddy" you mentioned in the 4138s ever prepare a formal buddy letter?

My sister, brother, and wife provided statements.

I didn't submit any third party statements, but I could get them for an Appeal; if necessary.

We have SSA info here under a search.

Tried searching SSDI, no real hits; no rush, but if someone can drop a link, I'd appreciate it.

The VA Schedule of Ratings is linked here at hadit and contains the criteria and rating info for sleep apnea and sinusitis.

Berta is correct, and I used these to help understand what I should look for in my medical records before submitting my Claim:

RESPIRATORY MISC.pdf

NOSE - SINUS - LARYNX & PHARYNX.pdf

The VCAA letter should have told you exactly what info VA needs.

Submitted everything I could identify.

I will read the downloads again because I am missing any nexus statement.....then again I think need more coffee too!

Coffee is good stuff . I hope the Progress Notes from my SMR are sufficient.

[ping jockey]

Hi BV:

That is a good model/approach, have you used it successfully? My Claim status is "decision recommended; preparing supporting document for final review..." in E-benefits.

Again, good model; Hope I don't need it.

Regards,

PJ

Hadit is..........."AWESOME".............

It may take me longer, but with this place, I know I'll get there.

NEVER, NEVER, NEVER GIVE UP!

[carlie]

The BVA decision downloaded here is dated May 2010.

Is that BVA decision regarding your claim or some one else's claim?

Someone elses.

I included it with my Claim so "some V.A. Rater" couldn't say there is "no link between Chronic Sinusitis and OSA secondary too".

ping - first off "some V.A.Rater" can't say if there is or is "no link" - that's for a medical provider

to state, not a VA decision maker. - carlie

At my first C&P Exam the Nurse Practioner said out right "there are no links, so I'm going to deny your claim today, do you want to continue with the Exam"?

ping - C&P examiners can not grant or deny claims - VA decision makers do that. - carlie

I knew he was wrong, didn't argue, and said "I want to go see my Pulmonologist and the Neurologist first, and talk to them first before any decisions are made here".

BVA decisions are really not good evidence at all. The BVA will be quick to say their decisions are relevant solely to the veteran who got the decision.

Understood.

I wanted to illustrate that OSA can be secondary too CRS, and that the V.A., needs to do a better job applying the law as implied in that decision - as stated in that dx...[it's obviated here that the V.A.'s administration of the law must be...

ping - that decision relates solely to THAT veteran and exactly what is stated in THAT veterans medical evidence.

THAT decision sets no precedence. - carlie

If BVA decisions however involve a complex legal issue, they could be submitted as evidence in that regard.

Understood.

Does submitting a BVA Case with similar facts & circumstance hurt the Vet?

ping - YES it could hurt the vet as right away the decision maker can refer to it

in support of a denial, because of the two things I posted above. - carlie

JMHO