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Think I Made A Big Mistake


betrayed

Question

On May 31st I filed a Form 9, the box I do not want a BVA Hearing was checked.

Also submitted with the form 9 was a statement in support which stated "Please be advised that I am submitting to you today a VA form 9 to protect my right to appeal those issues listed. I do not want this VA form 9 to supercede my request for a hearing with a DRO which is pending."

The County VSO who helped me with it told only to list the items that were coming up on the one year mark and not the other items (I have filed multiple claims).

Heart Disease and Depression were not listed on the form 9 or addressed in the 24 page letter that accopanied the form 9. I had a DRO Hearing on 18 July, which was informal, my understanding that after I did what he told me and after another C&P he would review my case. I asked the DRO could I add heart disease with out making everything go back to step one, he said sure, and we did a simple Statement in support requesting Heart Disease be added to my claim and I gave them all the medical evidence I had for heart disease. Depression was not mentioned. I was told by the DRO he was going to ask for another C&P for all the items listed.

I begain collecting more evidence from all my civilian doctors, which included all my mental health stuff. I had the C&P on Sep 18th, and on sep 23rd I submitted another 55 pages of medical evidence which included allot of mental health evidence.

The C&P did not cover my heart nor did it cover mental health nor were these listed on the form 9. I dont beleive a C&P for my heart or mental health is necessary because of previous C&P's for them, and my evidence supports a 50% rating for heart disease (ejection fraction at 48% per VA stress test) and a 70% rating for depression and anxiety (when he pulls up my VAMC records he should see pysch ward admission for being suicidal). I am worried when the DRO does his review he will not consider the heart disease or depresion because it was not listed on the form 9.

I am really counting on my cervical condition currently SC0%, Hypertension denied, incoordination of the right upper extremity SC0%, Meniere's disease SC0%, the heart disease and depression to put me over 100% schedular as I am at 70% now.

What should I do? I am not asking my DAV VSO cause I dont trust all his advice.

I am thinking about calling the appeals team and asking them will these two items be considered, and if they say no, is there anything I can do to have them considered?

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On May 31st I filed a Form 9, the box I do not want a BVA Hearing was checked.

Also submitted with the form 9 was a statement in support which stated "Please be advised that I am submitting to you today a VA form 9 to protect my right to appeal those issues listed. I do not want this VA form 9 to supercede my request for a hearing with a DRO which is pending."

The County VSO who helped me with it told only to list the items that were coming up on the one year mark and not the other items (I have filed multiple claims).

Heart Disease and Depression were not listed on the form 9 or addressed in the 24 page letter that accopanied the form 9. I had a DRO Hearing on 18 July, which was informal, my understanding that after I did what he told me and after another C&P he would review my case. I asked the DRO could I add heart disease with out making everything go back to step one, he said sure, and we did a simple Statement in support requesting Heart Disease be added to my claim and I gave them all the medical evidence I had for heart disease. Depression was not mentioned. I was told by the DRO he was going to ask for another C&P for all the items listed.

I begain collecting more evidence from all my civilian doctors, which included all my mental health stuff. I had the C&P on Sep 18th, and on sep 23rd I submitted another 55 pages of medical evidence which included allot of mental health evidence.

The C&P did not cover my heart nor did it cover mental health nor were these listed on the form 9. I dont beleive a C&P for my heart or mental health is necessary because of previous C&P's for them, and my evidence supports a 50% rating for heart disease (ejection fraction at 48% per VA stress test) and a 70% rating for depression and anxiety (when he pulls up my VAMC records he should see pysch ward admission for being suicidal). I am worried when the DRO does his review he will not consider the heart disease or depresion because it was not listed on the form 9.

I am really counting on my cervical condition currently SC0%, Hypertension denied, incoordination of the right upper extremity SC0%, Meniere's disease SC0%, the heart disease and depression to put me over 100% schedular as I am at 70% now.

What should I do? I am not asking my DAV VSO cause I dont trust all his advice.

I am thinking about calling the appeals team and asking them will these two items be considered, and if they say no, is there anything I can do to have them considered?

I'm sure you'll get responses from those more educated than I am, but for what it's worth, here's a Statement in Support I sent in for a DRO review:

"Objee" C xxx xx xxxx

SLEEP APNEA CLAIM 5 OCT 2006

In addition to the VAMC Martinez records (including the physician’s nexus opinion) you have accessed, there are two more medical records in your possession needed to adjudicate this claim. They are:

1. The Final Polysomnography Report from UCSF Mount Zion Medical Center’s Sleep Disorders Center dated 27 April 1998. The sleep study was ordered by Dr. Brown of VAMC San Francisco. The study documented severe sleep apnea and bradycardia, prescribed a BiPAP set for IPAP=20cm H2O, EPAP=12cm H2O and 4L O2 and achieved a REM SAO2 nadir of 85-86% with a transcutaneous CO2 of 70-75 on the BiPAP w/4L/min. of O2. Dr. Xxxxxx’s medical opinion in the Martinez files provides the nexus to the rated radical thyroidectomy/hypothyroidism.

2. Medical summary from St. Helena Hospital, Deer Park, California covering inpatient admission from 5/28/2001 to 6/11/2001 and referencing the sleep apnea with maximum mild bradycardia most commonly occurring during the 4 AM sleep period.

_____________________________________

"Objee"

Claimant

SInce I don't believe the DRO will look up the records, I gave a recap of the essentials I wanted him/her to know. If you list the data you submitted for heart and depression and state that you want these diseases considered, you will at the very least have made your intentions clear.

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Jim- as I understand this- the heart and depression claims have not been denied yet.

The I-9 as I understand that-is only for a rebuttal to what has already been denied.

The SOC or SSOC that the I-9 is attached to states the conditions claimed, their bases for denial,and the appeal rights you have.

The I-9 should reflect a rebuttal to that specific SOC or SSOC.

If the heart and depression claims have not been decided at all yet-they would not need to be on the I-9, but the DRO should certainly address these initial claims and the evidence.

This is how I understand the I-9- it is to rebutt any denied claim, but not a pending claim.

They made a mistake in my last SSOC and put on appeal to the BVA a claim that I had withdrawn.

I found something that appeared as an open issue but did find a decision and withdrew that claim and CUEd the decision it was on. I explained that in my I-9 statement.

I had only one issue on appeal and the I-9 stayed at the VARO for months- suddenly went to the BVA but I got it back and they are working on the issues now.

My I-9 focused solely on the one issue on appeal which had been denied in a SSOC.

I attached to it some of the evidence they never addressed and the IMOs that they never read and added the legal errors they had committed in sending it to the BVA.(plus I attached the regs)

I added a statement -which NVLSP recommends- as to preserving on appeal all errors the VA should make in deciding the appeal ( ironically the first error they made got it remanded fast)

My point is that the I-9 you filed was timely and it will be at the VARO for a while- due to the DRO review.

The points in the I-9 there could change-as they could reverse a decision.

The BVA might never see it as it stands now.The issues could change.

In 1996 or 1997 my appeal regarding two denials went to BVA-2 separate issues.

I then produced additional evidence at the VARO level in 1997 and this triggered 2 VARO award letters.

The appeal became moot.

It is likely that you have enough evidence to get some of these things withdraw from the appeal- does this make sense to you?

Hope someone else chips in. I dont think you should worry as long as the I-9 was filed in timely manner and covered whatever they have already denied.

Berta

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