appeal remanded back to AOJ

[mrkman123]

This is the results of 25 years in combat with the VA, anyone have any thoughts, ideas, or opinions?  Please share, Mark......

[RUREADY]

This is the results of 25 years in combat with the VA, anyone have any thoughts, ideas, or opinions?  Please share, Mark......

I would hire an attorney because you may have claim dating back to

1992 that  you may have a chance at winning. Looks like you had evidence

they miss in their decision. Get all medical records & c-file. You had no mental

problem before service and if so why would they hire you for a job you did. Never discuss

problem you had before service with VA it will get use against you to denie your claim.

After rereading your post you have an attorney get another medical opinion from an

outside source or get my attorney who will get one for you. RU

Edited November 21, 2015 by RUREADY

[mrkman123]

Copy Sir, did not have any pre-service mental health issues.  Issues did not arise until witnessing the death of a pilot I knew well in 1975, at Randolph Air Force Base.

Attorney, set up a mental illness examination with a doctor who worked for the BVA, in Washington.  This was the straw that broke the VLJs' back as stated, " having a propensity of acquiring a personality disorder does not minimize that same propensity of PTSD and Major Depressive Disorder manifesting during well documented service stressors...  Since this is now remanded back to the Houston regional office, how long will it take to reexamine, diagnose, and finish the claims for the above illustrated remand?  Sincerely, Mark

[Berta]

Those SSA records could be critical to your claim.

Make sure you follow up on the VA's attempt to get them.

When I read stuff like this, it angers me that the ROs, on remand ,have to  do what they didnt do right in the first place....

and you are right...that statement as to Personality disorder BS and PTSD was the back breaking straw....to include the fact that the service stressors were well documented.

You have a GOOD lawyer..... and this also shows that, unlike the crap we put up with at the regional level,

the BVA can read.

"How long" is the question no one can really answer.

This was a 2008 decision on appeal .....prior to the July  2010 PTSD regulations.

I wonder if the Aug 2010 C & P doc was trying to base their opinion to comply  with the July 2010 PTSD regulations....in order to deny...but I also feel your lawyer has already determined if that error had been made.

 

I agree with what RUREADY said.....There could possibly be a CUE or 3.156 issue in the 1992 denial.

The outcome of your current claim will reveal that potential and I sure feel your lawyer will jump on that potential, if it is there.

The BVA focused a lot on the 1992 denial as well.

BVA gives what I call legal 'hints', sometimes...nuanced statements that might have future strong bearing on the results of any remanded appeal.

A hint I received from the BVA in maybe 1997,1998 ( my appeal had been rendered moot because I had won that claim under a different theory at the RO level in 1997) contained a hint that,in my case many years later ,cost the VA mucho dinero.

Oddly enough I had a denial from my RO of part of that situation,which I didnt appeal.The Regional Counsel caught it years later (it contained CUE) and  that too was resolved.

This remand ,to me ,is like a steak and lobster dinner..... maybe Many steak and lobster dinners.....

Thanks for pursuing this all these years and never giving up!

 

 

[mrkman123]

Thank You, Ms Berta and Mr RUREADY.  I have the complete packet from SSA, concerning the award for SSDI for PTSD and MDD, would you both care to review it?  I am not to good at computers, but will do my best to send a copy here once omitting the personal stuff.  My attorney, has submitted that evidence to the VA, which is pretty strange they the VA claim they don't have.  Please let me know if you want to read it and I will do my best to post it for the both of you, again thank you for the incouragement and best wishes....  Mark