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cowboys4life

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Had recent board hearing on the 13th and I believe things went really well for me. The judge seemed pro veteran and suggested that she was going to see if she can IU all the way back to original claim date. She also stated that she was going to first see if she can get me service connected for pacemaker surgery and second open heart surgery right away. Second heart surgery was denied because it was said to be pyramiding, which was incorrect. She also felt that the pacemaker surgery should have been service connected. She felt that since I was given a permanent rating for non service pension based on same medical evidence I should have been given the same rating when my heart condition was granted for service connection. Also she felt that she did not need to remand for another exam since there was ample evidence already in the claims file and it has been almost 15 years since I filed the original claim and C&P exams during those years leading up to my hearing. Her questions for me were very precise, and it gave me a very good avenue to state just what was done thus far. I want to know if I am reading too much into what she was asking and if I am wrong in assuming that her posture was protocol and nothing more. I honestly believe that she seemed genuine in her feeling that I should not have had to wait this long to have this case adjudicated by now. Any thoughts?

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Ask nod indicated his BVA judge also sounded very positive...until he got the decision letter. Good luck, but dont count your chickens until they hatch. Frankly I prefer judges who over deliver and under promise, instead of the other way around. I have met people who tell you "what they think you want to hear" regardless of how truthful it is. I was married to exactly one of those. Frankly, I would rather some one tell me they hate me and mean it, then they love me and its a lie. Both of these people hate you, but you at least know, up front, who you are dealing with with the one who is honest with you. Those who say, "I love you" and mean "I hate you" are the worst of the worst. Most judges are very non committal, and I am "from Missouri" when it comes to judges who sound like your check is in the mail.

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You all have been very helpful and I thank you for your advice. Of course I too have learned that you never jump ahead of yourself and commit to anything until it is in writing. With that being said I do believe that at least my claim will be looked at item by item, and that is all I am asking for. If they do that then I can honestly say that my chances are very good. This judge mentioned her own experience with someone suffering from heart disease; her very own husband. So I felt that she would at least ensure that this claim gets her undivided attention. I will know soon enough if my claim is remanded, something that she said will not happen because of the many exams and the length of time already on this claim. Thanks again for the feed back. And thank you all for your service.

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