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.

[ping jockey]

Thank Carlie,

Your assessment makes a lot of sense in context. Maybe I provided to much info and should have stuck to ONLY the "medical facts and nexus" stuff.

If this is a mistake:

[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]

If so; Then, I will have to follow the NOD/Appeals process below by Bronco Vet. In other words, the error of my ways, may cause me to wind up on the long Appeals road, b/c the V.A. can seize upon an opportunity and reason to "NOD" me.

That would really be disappointing! Time to prepare for the worst and hope for the best.

I will NOT give up though, never, never, never!

PJ

Edited September 18, 2012 by ping jockey

[broncovet]

I agree that citing a BVA case could be an "excuse to deny". This being said, many times the BVA cases cite precedential CAVC cases, and you can, too.

Another way to go is to be a "little dumber" than you are. In other words, sometimes people who THINK they are smart are better off to let their opponnet underestimate them, rather than try to pretend they are Perry Mason. Judges tend to be very egotistical, and may just take offense to a layperson pretending to know more than the judge. A little humility goes a long way. Its ok to say something like...gee...wasnt similar to this already decided in Roberson?

Rather than "cite" a BVA case, and try to be your own lawyer, just keep this information "under your hat". Its ok to use similar wording, but you can make it sound like your opinion...which just "happens" to be that of a CAVC panel of judges.

Example:

Suppose you want the Va to give a "sympathetic reading" to your claim. You could cite one of these cases, Roberson, Ingram, etc.

Or you could just say something to the effect that you think a sympathetic reading of your evidence submitted should be required.

Then, if the Board does not address your issue, your lawyer can cite one of these cases:

http://veteranclaims...son-no-03-2196/

Edited September 18, 2012 by broncovet

[Hoppy]

When incorporating a BVA case into an argument for a new undecided case I find a BVA case with similar medical facts as the new case. The BVA will discuss the medical reports. Then, I seek a new medical opinion that uses terminology and supporting logic that mirrors a medical opinion that was cited by the BVA as having enough weight to award a claim. I do not make any reference to the BVA case. I identify the development of the evidence as being assembled by a non attorney advocate. I have the veteran sign a statement that the information contained in the statement was reviewed by the veteran and the information is true to the best of the veteran’s knowledge and belief. I do not sign any documents or specifically identify myself by name. In some cases the veteran just submits medical literature or reports I obtained without any reference to my being involved at all. The reports and literature I develop mirror other successful BVA cases.

In a case that has been denied and is being appealed to a DRO or the BVA I advise the veteran to get a service officer or an attorney. Some cases I have been able to work with a service officer and some were won in spite of the service officer’s opinion that the claim could not be a winner. In the cases being appealed I have submitted BVA case numbers. Consider that I do advise veterans to get an attorney. In cases where the attorneys have failed or for other reason the veteran does not want an attorney I proceed by submitting several case numbers with similar medical evidence that were awarded by the BVA. If the cases are not of value the judge may get turned off and it could work against you. However, I have had success in difficult cases when submitting very relevant cases based on the similarity of the medical reports between the cited BVA winners and the new case. I identify the entire development of the appeal as being the work of an independent non attorney advocate. I do make references to prior my experience and training. However, I do not sign or specifically identify myself. Like in the undecided claims, I have the veteran sign a statement that the information contained in the statement was reviewed by the veteran and the information is true to the best of the veteran’s knowledge and belief.

I have had success following this plan. Medical evidence is the key. Medical evidence wins claims. If the medical evidence is strong enough you should be able to prevail whether you do it yourself, get an SO or attorney. Remember, the medical evidence must be tight. As several veterans we have assisted here on hadit who won after being denied with the help of SO's and attorneys will tell you one wrong word or phrase can be the difference between winning and losing. That is why you need hadit. 100 heads are better than one. The medical facts in cases can be beyond the scope of experienced SO's and attorney's. Here you might be able to find people with the same medical condition or the research skills to turn a denial into a grant. It happens, read the success stories link.