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]

Well, I am sure I could google it but I took the phone number off the form requesting a copy of my C&P exam. My local VA is not the RO, so they had to fill out a form and send it to the RO to get a copy of the C&P. On that form was the RO's address and phone number, so I just called it and asked to speak to somebody about an appeal I currently have open.

[stanval]

Thanks. Any help would be appreciated.

[jeeperrs]

As of today the retro finally came through. The fight is finally over :)

Stanval, I am not finding a direct number for that RO online. However, look through your paperwork. That is where I found the phone number for my RO.

[stanval]

Thanks so much and congrats to you. God Bless you and your family

[TNengland]

Tis a great day !

[jeeperrs]

I have had an interesting chain of events happen since my appeal. The VSO in DC called me to find out if there was anything I needed them to do. I explained that the date of payment should have been from when I left the Army due to the medical error. He said that he could not help with that, as my appeal was for increase in rating and not the rating date (I don't know how you challenge a rating date when you don't have the rating). Anyways, he talked to some people and said he would note my file about the issue, if I wanted to appeal the effective date. I have been watching my appeals as it did show it was with the VSO when they called me. However, a couple weeks ago it showed that it was back at the Veteran Law Judge. The VLJ has registered having my file 5 times in the last month. I wonder if they are reviewing the effective date since the RO decision was not back to the time I filed my appeal. So, I now have a "closed appeal" and an "open appeal". I will post both for you to see timelines and what is happening.

This is the current "open" appeal:

Date of Progress Progress Progress Office 03/31/2009 Local VA Office Decision RO 11/09/2009 Notice of Disagreement (NOD) RO 03/17/2010 Statement of the Case (SOC) RO 04/09/2010 Substantive Appeal (Form 9) RO 07/27/2011 Certification of Appeal RO 05/02/2014 Received by BVA BVA 05/02/2014 Administrative Case Processing BVA 05/02/2014 With VLJ BVA 05/05/2014 With VSO BVA 05/06/2014 With VSO BVA 05/07/2014 With VSO BVA 05/08/2014 With VSO BVA 05/14/2014 With VSO BVA 05/27/2014 With VSO BVA 06/27/2014 With VLJ BVA 07/08/2014 With VLJ BVA 07/08/2014 With VLJ BVA 07/15/2014 With VLJ BVA 07/15/2014 With VLJ BVA

This is the "closed" appeal from when I received my retro payment

Date of Progress Progress Progress Office 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 05/02/2014 Decision & Claims File Dispatch RO

Edited July 18, 2014 by jeeperrs