Up Date On My Appeals

[RUREADY]

After contacting Bob about my appeals it has been with the judge for 30 days

so at least its not denied yet. After researching on the judge its looks like he

is judge hacker most his decision is a remand or a denial but most didn't have

no evidence nor medical opinions. Looks like he do read the whole c-file an consider

the evidence. So I wait some more but I got what I ask and I ant mad.

Everybody have a Great Thanksgiving!!!

[Buck52]

PUREADY,

I'd keep fighting for it if I was you!

[RUREADY]

prior to 2009 the veteran service-connected disabilities

of COMMON ETIOLOGY DID NOT HAVE RATING COMBINABLE TO A 60% DISABLITY RATING)

I don't see how that prevented them from awarding TDIU,prior to 2009......????

It is medical evidence that awards TDIU

VBut it would prevent them from a 100% or TDIU Plus 60 SMC S Housebound award.

Does your lawyer want to continue this fight?

Bertha from 2004 -2009 my total rating was 30% until I file secondary condition but was unemployable

since in 2003 with SSA records showing this for one condition DDD OF LUMBAR. Nothing about the medical

opinion from attorney IMO or AN IME.

But it would prevent them from a 100% or TDIU Plus 60 SMC S Housebound award. BINGO THAT WHAT IT ABOUT

or my thinking anyway. At a moment I felt so good it was over with VA even though I LOST that just keep popping in my head

how good it felt and still thinking. I'm worn down, been at this a long time, helping other people even my sister is wearing me down but

I do have an attorney who don't want to quit so I will leave it up to him I think he wanted it to go to court or knew he might have to

to get the award anyway.

Bertha BVA don't have to follow another BVA DECISION is this right????But a decision from CAVC they do just asking?

[RUREADY]

PUREADY,

I'd keep fighting for it if I was you!

Thanks Buck, but its RU not PU typo I know lol thanks a lot I will consider your opinion

it means a lot to me just tired right now I need a little bit of time to think this over as my next move

will be

[RUREADY]

update: after talking to attorney today he will go forward with the claim for EED.

Never have I gone to BVA for appeals and they wont consider the evidence in the

claim basically saying they go by what the RO has said to be enough evidence to

decide the claim. So BVA don't consider evidence anymore or is it just me???

Attorney says its a conspiracy against me from what it looks like. Same as I thought.

RO makes a decision I appeal it but they only consider the RO opinion and I have 3

medical opinion from experts doctor and treating doctors never look at by BVA.

That's my only reason for being piss for " not considering evidence" on file. Waited

5 years and to not consider my evidence. I ask about filing reconsideration of evidence

you have 120 day before your deadline at CAVC. He don't think it will work or he had no

success with this after a decision like this a judge don't consider evidence. Never had this

happen to me out of 15 years of filing claims. BVA don't consider evidence. just piss!!! I live

to fight another day. RU

Edited January 20, 2015 by RUREADY

[RUREADY]

I made somebody mad as hell even the judge after I email BOB. lol

somebody had said be careful what you ask for, maybe carlie, broncovet at the

first of the emails to Bob. just saying I don't regret it but at least I thought they had to

consider evidence. NO evidence listed in the decision of what was consider just 8 pages

of 4.16(a) bullshit , did not consider nothing from my attorney arguments . So he is piss

and told me that's why I have him leave this to him set back and relax. I always have won at BVA

until now. Attorney says it will get remanded back to them to consider the evidence of records.

I don't know anything past BVA decisions I have never been this far in claims to CAVC

Any thoughts from those been there??? anybody.

Edited January 22, 2015 by RUREADY

[RUREADY]

After another email to Bob I have a lot of people piss right now. Receive about

four calls from RO VSR today about the decision. Claims file will be move to Atlanta RO

not Columbia SC anymore, also will get another look at by Atlanta RO saying they will grant if

the evidence is in the records showing unemployability but first we must appeal to the court hoping to get

the remand for not considering the evidence in the records and it is none listed in decision. Maybe hope after all