I Will Attend That March 6Th Bva Hearing!

[Commander Bob]

Here are a few emails I exchanged with my NSO Rep last Thursday & Friday.

Dear MOPH NSO,

What happened? I have just received a BVA hearing notice, 9 days before the hearing date. This of course negates the two week window to reschedule. Even though I never received the FOIA/Privacy Act copies of my file we repeatedly requested over the years, and could not get an IMO, and never had that DRO hearing they were suppose to have for me. etc.

He emails back;

"Its worse as I too just got my letters, and I am working at BVA in Washington that week." etc.

So I email back :

I am sorry to hear you are not going to be in town and represent me at my BVA hearing.

As we discussed on the phone, this is just like the VARO's botched non- DRO hearing screw up, they once again failed to notify you or me in a timely manner. So, after almost five years of waiting and stressful bureaucratic delay, I will attend that March 6th BVA hearing, with or without representation and now will have to represent myself... etc.

Cmdr. Bob

P.S. Well, at least the weather forecasts a beautiful clear and

cool day!!! Thank God for small miracles...

Edited March 2, 2013 by Commander Bob

[Commander Bob]

Bob

... I think your best evidence is "you".

John

Thanks John, I truly appreciate your thoughts and support.

Bob

[Commander Bob]

I keep telling myself to focus on the main issues, supported by the documents in my complete record.

I am also wondering, if it would "muddy the waters" by mentioning the many VARO blunders and administrative CUEs, or my request for protection under the "Whistle Blower Act" during the shredder-gate fiasco, etc... There are just too many rabbit trails. However, if I don't' bring these things up now, at the BVA hearing, and if my appeal is not resolved, would it be allowed later, up the chain of appeals???

Much pressure riding on this Wednesday... Wow what a trigger!!!

After 45 years, it could all be resolved on March 6th.

Cmdr. Bob

[john999]

I don't believe new evidence will be allowed in at CAVC if you didn't bring up evidence at BVA. New legal arguments can be brought up at CAVC, but not evidence as far as I know. I think I might keep it simple back to the date of initial low ball or denial. You are looking for a much earlier ED. It is what happened at the earliest possible effective date that matters in my opinion. If the error was made there that is where you want to focus. You are getting legal advise for free, so you know what it is worth. You know, Bob, I am asking for about 30 years of retro, and the VA has not made it easy. I have had a lawyer most of the way. He has filed many briefs. I would expect to go to CAVC and think in those terms. Your AZZhole rep has really let you down as I see it. I doubt you will get a decision at the hearing. I think you can handle this on your own anyway just as good as the POA. Just stay cool and stick to the facts you have. They are very obvious to me.

John

[carlie]

CB,

First off - all service organizations are supposed to have another representative

that is qualified to attend the hearing with you, especially in situations like you

are currently faced with - your rep will not be in town.

If possible will you please post (ASAP) a short version of why you feel an EED

is warranted, I'd just like to do a read over of it, incase I or someone else here

can post something to further support this contention.

Thanks,

carlie

[Commander Bob]

CB,

First off - all service organizations are supposed to have another representative

that is qualified to attend the hearing with you, especially in situations like you

are currently faced with - your rep will not be in town.

If possible will you please post (ASAP) a short version of why you feel an EED

is warranted, I'd just like to do a read over of it, incase I or someone else here

can post something to further support this contention.

Thanks,

carlie

Hi carlie,

Thanks for your intrest. It is very much appreciated.

Regarding help from my service organizations, I was hoping there would be some NSO back up, but this VSO only keeps a small office, with limited employees. So it looks like I'm on my own.

Regarding the EED. As John pointed out, "It is what happened at the earliest possible effective date that matters in my opinion."

My medical record truly reflects a PTSD type condition in early 1968. My early 1968 military medical records note PTSD type symptoms on several daily med note reports. For a few years after I got out of the service, the local VAMC refused to treat my readjustment health problems. Mostly I got "Blue Sheets" written up by the staff and a boot out the door. Then VA records show a NSC rating for that condition so I could get treatment. Sometime in 1977 It was changed to a 10% SC condition. w/ 2 years retro. For the next twenty years my med records are littered with notes that reflect PTSD type symptoms. After that, I gave up seeking care thru the VAMC for the next 20 years. The place just triggered my PTSD when ever I got near it....

This SOC, Reasons and Basis section cites records and notes, only going back to the time I refused to go to VAMC for treatment. A 1985 C&P exam was also cited. It amounts to the ramblings of an old Dr., (easily refuted by the record) , & parroted by 2 novice PhDs during this last 5 year claims process. again easily refuted with facts.

If I can just get the BVA judge to look back four decades with the insights and understanding we now have in 2013, JMHO, it clearly shows combat related PTSD with an onset of 1968..

Thanks for any insight you can provide,

C.B.

Edited March 5, 2013 by Commander Bob

[john999]

What makes it complicated to me is that in 1968 and years afterward there was no such thing as a DX of PTSD. If the VA gave you a DX of anxiety disorder or depression and rated it 10% that does not represent the true nature of PTSD and how disabling it can be. From my own experience with ratings for emotional disorders during and right after Vietnam you had to be chewing the carpet to get a rating higher than 10%. Now people who are discharged for PTSD get at least 50% and the VA almost never gives less than 30% for PTSD. A buddy of mine from Nam just got a 30% rating for PTSD in 2012. I had urged him to go to the VA and file on his DMII. He lived in the woods with his wife and they were out of the loop in a big way. He got a rating for the DMII and some how got a rating for PTSD as well.

I got a rating in 1973 for depression, anxiety and schizophrenia of just 10%. The VA thought I was crazy, but not enough to pay more than $28 a month. My quest for higher rating dating to 1971 is based on evidence that was in the record, but not in the decision as in "excluded from". Then there is the guy who is friend of a friend who took acid or PCP in the 70's in the Navy and got 100% for psychosis for the next 40 years who is as sane as anyone. If you file a CUE on these things the system is so heaped against you it is not even funny. The only easier way is for some service records to be found that indicates treatment or DX in service for a condition that is obviously more than 10% in severity.