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

[qwiksting]

Wow, that is alot of evidence!! Thank goodness there are other avenues besides the DAV. I had/have an extremely knowledgeable member on here from Had it helping me. Keep up the fight john!! I am in front of the VLJ also,after a remand to AMC. I had DAV to begin with, except they sat on my claim for alittle over 4 years at BVA, then I revoked their POA, and bam....I am in front of a VLJ. When it came back from the AMC, the AMC assigned the DAV again to my appeal. Wow, i didnt think they had the authority to assign poa's. Oh, wait they didnt read the appeal, nor the evidence, nor the POA. So, again, I had to revoke an already revoked POA.. I called the BVA last week to check up on my status, and was told the BVA was confused as to who my POA was. SAD...I am waiting on some type of form from the BVA to clarify this CONfusion. The ombudsmen at BVA said they sent it last wednesday. Today is Tuesday.

[Franks]

Thanks for the information guys. So basically I am SOL.

[carlie]

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?

My claim was at the BVA for over a year.

With the limited info for why it was denied in the first place,

no way to tell what your chances are.

Also, we do not know from above what the AMC staff physician stated.

JMHO

[carlie]

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

I sure hope for you it goes that fast, but unfortunately have doubts

on the time frame.

JMHO

[john999]

I don't think you are SOL. I just don't think the DAV did much of a brief for you. You may still win if your facts and evidence are strong. Like I say, I had a lawyer and I lost with a great brief. It was the retro I was asking for that makes it tough. My claim is complex as well. I was always thinking I would end up at CAVC, so this is why I got a lawyer early on in my claim. My lawyer submitted a brief at my DRO Hearing. I lost there as well. It takes guts to grant a claim with 30 years of 100% retro.

John