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.

[thomasc]

Congrats, I think asknod owes you $100, maybe someone at the AMC read his post.

[ArNG11]

Jeepers,

I wish you the best bud. I know how you feel, all our patience is wearing thin. We bust are butts to go to Exams and do whatever the VA wants from us, then we sit around waiting, going crazy. My SSDI was approved last week after only 4 months, did all the leg work on my own, and due to my recent C&Ps, I should be 100%. Just tired of us being taken advantage of. God Bless and good luck. Keep us posted.

I just have a little under 1 year in dealing with my claims with the VA and I am tired of the bull. It really is enough to drive you mad. My patience has already run dry and I have just started this personal war. But persistence, that is the key. It's like water torture. One little drop may not seem like much at first, but do it to an enemy long enough they will crack. (no personal experience with this, purely a metaphor) Keep hitting them. Fight back always while you still have the means.

[FormerMember]

<<<< b. Does the Veteran have any other pertinent physical findings, complications, conditions, signs and/or symptoms related to any conditions listed in the Diagnosis section above? [ ] Yes [X] No>>>>>>

I don't see the Mitral valve disease rated. A SSOC is not a decision nor is it permissible to announce a decision or rating in an SOC or SSOC. It is a continuing denial of a SOC where there is a substantial disagreement over whether your claim can be granted and why not. Your Mitral Valve disease was not granted or even discussed. $100 is still on the table, ThomasC. My prediction was conjunctive on two items. I might also point out that the SVT 2003 date is still on appeal so any decision on that is years away. I'll set aside the $100 in an interest bearing account on the off-chance they grant after he sends in an answer to the SSOC. Nothing would make me happier than to hand out that C note, ladies and gentlemen.

a

Edited March 25, 2014 by asknod

[jeeperrs]

asknod, you always make me smile. I did notice that box was not checked on the mitral valve. I submitted my reply last week. I addressed the start date, mitral vavle, and the error in my records. However, it was good to point out that in the SSOC they did state they are awarding the increase. I will attach the decision SSOC here.

SSOC14.pdf

SSOC15.pdf

[jeeperrs]

I learned an important lesson that I feel should be shared. As it was mentioned, an SSOC is not an award letter. If your case goes to the BVA and is remanded back to the AMC, you will get an SSOC even if it is an award (as you can read in my attachments). My issue is due to the fact I had a VSO involved (not that they have helped in any way). I called the VA to find out what is taking so long for my award letter. Well, since I had a VSO they requested a VA Form 646. This form had to be completed by the VSO before the award letter and authorization of the award could be made. My VSO argued with me about filling it out. I called the VA to remove their POA and I was told that the POA cannot be removed at this point. So...I had to fill out the 646, fax it to my VSO and beg for them to sign it and mail it in. Supposedly, they signed it and sent it in yesterday.

I am just sharing this for other veterans who have a VSO. Sometimes the long delays are not the VA's fault. In this case it is my VSO who is holding up the process and making the errors in paperwork. Needless to say, I will be revoking the POA once the award is processed.

[les]

congrats Jeepers, I been folowing your post since December 2013. My appeal is very close to your bva amc timeline. On Jan. 7, 2014 my vlj reopened my claim from 2005 For major depression. I had a C&P on Feb. 14 2014. Since then I haven't heard anything on e-benifits. I know it is to early to get a decission yet but I still look at e- benifits daily. I been at this for about 9 years. I saw the amc rated you at 30% I think. If you don't mind did you receive your back pay yet? I just hope my decission comes anytime close to your desision that was fast since you got to the amc. Thanks!!!!

Edited April 3, 2014 by les