Berta Posted June 14, 2015 Share Posted June 14, 2015 Yippee , this is great! WOLF14 1 Link to comment Share on other sites More sharing options...
Berta Posted June 14, 2015 Share Posted June 14, 2015 (edited) Question.... Do you have HBP as service connected? If so did Dr Bash consider this theory of entitlement for the renal cancer? This vet had also raised JP 5^ exposure as cause of the renal cancer.,but was awarded for the cancer this way: "The Board finds that the requirements for a grant of secondary service connection have been met with respect to his right renal cell carcinoma claim. As to Wallin element (1), the medical evidence of record demonstrates that the Veteran is currently diagnosed with right renal cell carcinoma, and underwent a laparoscopic hand-assisted right radical nephrectomy in May 2006. With respect to Wallin element (2), it is undisputed that the Veteran is currently service-connected for hypertension. There is also evidence that the Veteran's hypertension preexisted his renal cell carcinoma by over a decade. In this regard, and turning to crucial Wallin element (3), the most recent July 2012 VHA examiner, the Chief of Hematology and Oncology at the Durham VA Medical Center, reflected that it was at least as likely as not that the Veteran's service-connected hypertension contributed to the development of his renal cell carcinoma. While the Board recognizes that rationale for this opinion was not provided, there are no contradictory opinions of record. The Board finds that the July 2012 VHA examiner's opinion, persuasively reflects that the Veteran's right renal cell carcinoma is proximately due to or the result of his service-connected hypertension. Resolving reasonable doubt in the Veteran's favor, the Board finds that the criteria for secondary service connection for right renal cell carcinoma are met. 38 U.S.C.A. § 5107(b). " ORDER Service connection for right renal cell carcinoma, status-post laparoscopic hand-assisted right radical nephrectomy is granted. Here is link to Wallin V. West: This decision also has one of the 'clues' that I have found in BVA decision's.....what I mean by clues, is additional BVA info that is,in fact, very important: "While the Board recognizes that rationale for this opinion was not provided, there are no contradictory opinions of record." Of course the VA doc was a specialist and it seems to me the RO should have accepted his opinion.....instead they denied the renal claim. I had the same thing happen to me with my HBP 1151 death claim.I raised a ruckus because they did not even acknowledge a VACO Cardio opinion, done by a VA doctor with HBP ,as one of her multiple specialties. They reversed the denial in about a month.,with an award letter.,after that miserable battle. Edited June 14, 2015 by Berta WOLF14 1 Link to comment Share on other sites More sharing options...
Computer Tech Posted June 14, 2015 Share Posted June 14, 2015 Great News, congratulations. Rick Link to comment Share on other sites More sharing options...
Slick Posted June 14, 2015 Author Share Posted June 14, 2015 All, appreciate the thanks. Berta- yes on the HBP. I had a partial nephrectomy vice radical so not sure if that plays into it. Once I get the letter will try and figure out why and what next step is you're always a great resource. thanks WOLF14 1 Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted June 15, 2015 HadIt.com Elder Share Posted June 15, 2015 Great news glad for you Link to comment Share on other sites More sharing options...
Slick Posted June 16, 2015 Author Share Posted June 16, 2015 Total and permanent- pleasant surprise WOLF14 and Rocket1949 2 Link to comment Share on other sites More sharing options...
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