Bva With Remand To Amc

[jeeperrs]

I am new and posted much of what I am copy/pasting in another forum. However, I did not get much of a reply on that forum and thought I would try here. I will try to be as clear as I can, feel free to ask questions.

I will try to make this short and simple. I was discharged in 2003 for Supraventricular tachycardia. I found out after leaving the Army that they damaged my AV node and they took someone else's heart monitor and put my name on it (documented by VA cardiologist). The problem is that by putting my name on the other monitor and not my monitor, I received a 10% and not 30% rating in 2003. I have been fighting this for many years once a VA cardiologist pointed out the issue. I had a BVA hearing 2 years ago and just received my remand decision. I stressed the importance of the monitor that was miss identified and had a VA cardiologist document in 2009 that the heart monitor from 2003 was not my monitor and someone else's monitor. The judges remand said that I had to get current evidence, as that was too old of evidence for the increase in rating (she didn't once mention how I had false labs placed in my chart). This is my only issue that I have been fighting and I will post my timeline and then my questions. I have followed this board for 2 years but I can't seem to find an answer to this question, so I joined and am now posting.

Timeline (because I searched timelines all the time):

03/31/2009

Local VA Office Decision

RO

11/09/2009

Notice of Disagreement (NOD)

RO

11/16/2009

Appeal Pending

RO

03/17/2010

Statement of the Case (SOC)

RO

04/09/2010

Substantive Appeal (Form 9)

RO

01/11/2011

Supplemental Statement(s) of the Case (SSOC)

RO

07/27/2011

Certification of Appeal

RO

12/29/2011

Received by BVA

BVA

12/29/2011

Administrative Case Processing

BVA

10/15/2013

With VLJ

BVA

10/15/2013

With VLJ

BVA

10/23/2013

With VLJ

BVA

11/18/2013

With VLJ

BVA

11/19/2013

Pending Dispatch

BVA

11/19/2013

Decision & Claims File Dispatch

AMC

11/21/2013

Decision & Claims File Dispatch

AMC

Since it is now at the AMC you can all understand that I am in a remand.

My letter:

The Issue: Entitlement to a rating in excess of 10 percent for supraventricular tachycardia.

The introduction states:

This matter comes before the BVA on appeal from March 2009 rating decision issued by the VA RO in Muskogee, OK.

They had a quick review of my hearing and additional evidence

This paragraph was in bold and one of my questions (I was never seeking a secondary issue):

The issue of entitlement to service connection for degenerative mitral valve disease, to include as secondary to service-connected supraventricular tachycardia, has been raised by the record, but has not been adjudicated by the Agency of Original Jurisdiction (AOJ). Therefore, the board does not have jurisdiction over it, and it is referred to the AOJ for appropriate action.

The appeal is REMANDED to the RO via the AMC in Washington DC.

Questions:

1) Can I not do anything about them discharging me under false laboratory findings, as I have a VA cardiologist and private cardiologist that says that is not my heart monitor?

2) I did not ask for the mitral valve to be a secondary condition but additional evidence to the chronic supra ventricular tachycardia. Are they starting their own claim to make this a secondary issue? What date do they use, my appeal or the order date?

3) They want evidence between the time I filed the appeal (when I found out about the errors in my medical records) but also said in the remand that I am to have an examination. The issue is that I had way more recorded episodes when I left the army than they want to use. However, the VA has agreed to count 4 recorded episodes but I need 5 recorded episodes to get the increase I am seeking. The examination criteria says "It is left to the examiner's professional judgment whether the veteran needs to be monitored by ECG or Holger monitor to satisfactorily complete this examination." but the requirements the BVA stated earlier said I had to have 5 recorded episodes. Should I allow the doctor to submit an opinion or require the doctor to put a 30 day holter monitor on me? I can get the needed recordings if they put a 30 day monitor on me.

4) Should I get a lawyer at this point? I have use VFW thus far.

Thank you for any feedback. I will probably think of more questions but these are the big four.

This was what I posted after talking to my VSO......

I finally got my VSO to return my call (they are 3 hours away making a day drive impossible with work). He suggested I fill out a DD form 149 and have the board review the MEB discharge and change my discharge from 10% to 30%.

As far as the secondary issue goes, he said the AMC will review the mitral valve and make a decision as secondary issue to the SVT. If they deny it, the BVA judge can then make a final ruling. I was told that it should most likely be approved because the judge implied that she felt it was raised by the record in her remand. That was promising news as I was getting frustrated.

I have not received anything from the AMC as of yet. I hope this doesn't take another 2 years for a blatant error the RO refuses to acknowledge.

Any additional comments will be appreciated.

[jeeperrs]

I finally have a new update.  When the judge remanded my case the second time the file was mishandled.  The judge ordered the local office to send me an SOC about setting my backpay to the time I left the Army.  Of course they denied my backpay to the 2003 date in the local SOC.  Even though this order was a remand, the processor issued me a NEW docket number, with a date of June 2015.  I made numerous calls and had my calls escalated.  In the end, the VFW in Washington D.C. said the new docket number was the correct thing to do, since it had a new SOC and I had to file a new Form 9 (the judge ordered all these steps in her remand).  This infuriated me, as the case was a remand and now I would have to wait as if it was a new claim.  At this point,  I had given up motivation and decided to just wait it out.

I checked my file in Feb and it was still in line waiting to be heard.  I finally had enough with waiting and wrote a letter stating the file needed to be advanced since this was a remand and not a new order.  I attached a copy of the BVA order stating it was a remand.  Today I received a letter from the BVA granting my advancement on the docket, as this was in relation to the original hearing in 2009.  I just checked ebenfits and my case is in "administrative processing", so it really is moving forward.  Maybe I will receive a decision soon and my 13 years of fighting with the military and VA over false documents, mixed lab reports, wrong readings of my heart monitors by VA officials,  and a proper discharge percentage will be resolved.  So far I have won the first portion and been granted the increase in rating, the judge also over ruled the initial date for payment the local office tried to give me.    HOPEFULLY the BVA will now make them correct my file from when I left the Army in 2003 instead of the current 2009 date.

I hope my updates over the years has helped someone along the way.  :)

Edited March 31, 2016 by jeeperrs

[jeeperrs]

eBenefits had showed my appeal as being in administrative processing for the last two weeks.  I checked today and it is now listed as an historical appeal with today's date.  I can only guess that a decision was made, as it never showed to be with a VLJ or anything.  Of course I checked the effective dates and nothing has changed and I can't see if a letter has been sent.  Maybe I will have some news by next week.  :)

[jeeperrs]

I finally got my BBE.  They denied the earlier effective date.  I was a little shocked but then I noticed it was a different judge who made the ruling, a judge I have never talked to or be notified.  He ruled that it was not a CUE because the VA used the evidence at hand, even though that evidence may have been incorrect records.  

My big question is, can they change a ruling judge and not tell you?  You can see my previous links and the Judge I had the hearing with, who made both remands, is name BARBARA B. CROPLAND.  The new docket number they gave me was 15-00 864.  It is too early to find it in the BVA web search but the signing judge denying my claim is J. Parker.  I thought they had to notify me if my case was changing judges.