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Suggestion to help Vets Win

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broncovet

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  • Lead Moderator

I have not seen this suggestion and actually got it from my attorney so I will pass it on.   First, here is the problem:

You have been fighting VA for sometimes 10 years or more.  You have amassed a Cfile exceeding 1000 pages and some exceed 3000 pages.  The reality is your rating specialist wont be reading all 3000 pages in a few hours he has to read your file.  

YOu get denied as your rating specialist cant find a nexus.  

Now, for the suggestion:

Get your RBA on a searchable format, such as here:

http://www.cogniview.com/blog/pdf-editing-creation-40-opensourcefree-alternatives-to-adobe-acrobat/

It will take you some time to do this, but it will be much less than reading 3000 pages of evidence.  

Now, do a search on "at least as likely as not", or "greater than 50/50" or some of the other buzz words for a nexus.  Once you find your nexus on page 1253, print it out, highlight "at least as likely as not", and send it to VA in your appeal nod.  

Make it easy for them to award you benefits.   This will work for almost any kind of denial, especially those where VA did not read your evidence.(often). 

Edited by broncovet
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broncovet,

For my most recent claims, I copied all forms that showed or referred to the contentions I claimed, and then highlighted the specific lines so they couldn't possibly miss them....if they look at the paperwork.  Then yesterday I got a letter in the mail stating that they forwarded my claims to my VAMC for exam scheduling.  You always have good intel to share, and I appreciate that very much.

Andymany

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Great idea. It takes some time to do but its worth it. I did this, but by hand, with my file and notes starting in about 2010 and between then (50%) and now (100% sched) I managed to find enough evidence or get the exams scheduled that I needed to provide it. I typed out an executive summary just like the front page of a term paper with bullet notes for each connection to evidence with pg number and highlight. I three hole punched it, added a table of contents to the high points and kept it updated over the years. I then had a digital copy  made that I added to, also, so I always had a searchable format. Since I use VA Blue Button a LOT I had access to notes usually within a week or so of an exam or a week to week counseling session. I use this for my STD/LTD insurance claim and appeal for my former job, too, and thus far its helped me get back 5 months of short term disability pay. 

 

Like I said, it takes time but its really worth it. Get those nephews, nieces, and grandkids that are more computer savvy to help you if you are not. If you have a friend that you trust with most of your 'secrets' they can help, too. It will speed up things considerably and it will spell things out for the raters- and make it easier to appeal if they miss something because YOU will know where it is. 

Edited by brokensoldier244th

The Earth is degenerating these days. Bribery and corruption abound.Children no longer mind their parents, every man wants to write a book,and it is evident that the end of the world is fast approaching. --17 different possible sources, all lacking verifiable attribution.

B.S. Doane College, Mgt Info Systems/Systems Analysis 2008

M.S.Ed. Purdue University, Instructional Development and Technology, Feb. 2021

M.S. Purdue University Information Technology/InfoSec, Dec 2022

100% P/T

MDD

Spine

Radiculopathy

Sleep Apnea

Some other stuff

-------------------------------------------
B.S. Info Systems Mgt/Systems Analysis-Doane College 2008
M.S. Instructional Technology and Design- Purdue University 2021

 

(I AM NOT A RATER- I work the claims BEFORE they are rated, annotating medical evidence in your records, VA and Legal documents,  and DA/DD forms- basically a paralegal/vso/etc except that I also evaluate your records based on Caluza and try to justify and schedule the exams that you go to based on whether or not your records have enough in them to warrant those)

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I have created "INDEX" of my RBA.  (My RBA is NOT in any sort of order, not by date, just willy nilly)   I nearly have all 1400 pages complete, so I can look in the "index" and find what page my July, 1, 2002 medical exam is on, that first diagnosed xx condtion.   Its taken a few days to do this, but it has been worth it.  I simply can not remember where I read in my Cfile it said xx or yy, and I know VA wont take my word for it, and they dont want to look it up, either.  

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I believe it was Alex who said his attorney had him make a complete history by date.  For example.

1.  Entered military service on xx June 19yy.

2.  Exit physical xx June 19 yy

3  Applied for benefits, May 30, 20xx.

4.  RO DTA letter dated June, x, 20xx

C and P exam dated, July 10, 20xx. 

5.  VARO denial, Sept. xx 20xx

6.  NOD filed Oct. xx. 20xx

etc, etc, and record each medical exam 

   

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Great idea!

As long as the search terms are not hand written in doctor's scribble-ese, then that will make a big difference.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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broncovet,

That is a great idea.  It would take me a few months, since I work full time and have young kids at home.  But I think I will tackle it, none the less. 

Andyman

 

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