hypertension At The Veteran Law Judge

[Franks]

On Feb. 4th 2013, my claim finally reached the BVA. I called yesterday and was told that I should take some months for the VLJ to review. Of course, that dampen my hope that it would only take at most a month. Anyhow, I request the DAV argument and here is what they wrote.

Statement of the Facts:

Historically it is noted the veteran served in the United States navy from Jan 13, 1997 , until his honorable discharge on Jan 12, 2001. it is further noted the veteran.................................... was awarded the Armed Forces Expeditionary Medal in support of Operation Southern Watch and a second AFEM,............................... again for Operation Southern Watch.

The veteran underwent examination on June 7, 2011, with the diagnoses rendered of Hypertension (2001) and Fibromyalgia (2003). Additional medical opinions were rendered by the staff physician of the AMC on August 22, 2012.

Arguments:

It is maintained by the appellant that the facts of the case, to include objective medical findings, support a conclusion that service connection for the disabilities in question is well supported. At the very least, we believe that when considering the provisions of 38 C.F.R. 3.102 together with the provisions of 38 C.F. R 3.303, 3.304, 3.307 and /or 3.317, the evidence of record is so evenly balanced also require the resolution of reasonable doubt in favor of the appellant.

Conclusion:

For the reasons set forth above, the appellant submits that the appropriate remedy for this appeal is reversal of the lower decision and a grant of the benefits sought.

Question:

1. How long did it take the VLJ to finish your claim?

2. Do you think have a chance to win my claim?

Edited February 12, 2013 by Franks

[Berta]

"Question:

1. How long did it take the VLJ to finish your claim?

2. Do you think have a chance to win my claim?"

I went to the BVA web site for a questimate:

First 2012 PTSD claim there.. Filed 2006, denied by BVA Nov 2010, joint CAVC remand Oct, 2011, denied Oct 2012

DIC under Section 1151 denied 2004, reopened 2006 , granted by BVA Oct 2012.

My case was at the BVA twice. Remanded once, awarded 2009 by BVA , after 2-3 years docketed at BVA.

2. Do you think have a chance to win my claim?"

That depends on medical evidence strong enough to overcome the RO denial that you appealed.

What does the DAV think?

[Berta]

Wait I jumped the gun....

Are you on remand?

This is a docket number you posted here Docket 07-24-321...I tried it but it didnt work at BVA.....Do you have the date of the remand and the Citation number?

My remand only took about 8 months to square away and award.

[Franks]

Hello Berta,

Yes, they are remands from the RO in St. Petersburg. So far it has been about 4 or 5 months since they have been remanded. The DAV up in D.C. is representing me. The link below is my remand claim. Hopefully, the VLJ does not take another 4 to 5 months to resolve it. Thanks.

http://www.va.gov/vetapp11/files1/1105123.txt

[john999]

I don't really see an argument by the DAV. I see a slap/dash outline of an argument for your service connection. This is not a professional argument or brief. When your POA writes a brief to represent you they should tell your story and not just refer to a few regs, your medical history etc. They need to argue why your aliments are SC and why the VA's argument,facts and conclusions are wrong. If you are going to wait years get a experienced VA lawyer. That is my opinion.

John

[qwiksting]

Oh my, thank god I revoked the POA from DAV. That is not anywhere near an argument.

[john999]

Qwik

My lawyer's brief at the BVA was 28 pages long and he had 40 citations of regs, rules and precedents. He argued the case. He did not just shove some facts and figures at a BVA judge. Hell, we still lost, but now we are at CAVC with more arguments. I may lose, but I know the case has been fought.

John