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Check it out. Squid finally wins his claim. We've been working on this since early 2008. VA said they "seemed to have misplaced the 1986 c-file" that used to be in San Diego when he filed in Sioux Falls in 2010.
We went in loaded for bear and did it in one trip to the BVA with a remand to get it right. Sioux Falls VA tried the Rocks/paper/scissors game with Registered Nurse beats MD gastroenterologist . The VLJ didn't see it that way.
I just got a letter in the mail and don't quite know what to make of it. Hopefully you guys can help.
For the first time in my life I gave blood. I was always denied because I lived in Europe during the early 1990's, during the BSE/Mad Cow Disease time period. They recently relaxed that restriction to people living there for four or more years during a certain time period, but I lived there only 3.5 years during that time. The first time I gave blood was about three months ago and then again a couple of weeks ago. Today, I get a letter in the mail from the organization where I gave blood. This is what it says:
Then they go on to say that I cannot donate any more blood for at least six months, and then I would have to also have to test negative to ChLIA too.
I thought to myself about risk factors:
- Never used drugs
- No tattoos
- No piercings
- Mother and father are both negative to HCV
- Married more than once
- No STD history
- Had several surgical procedures (one in the military), but never administered any blood
- Was given only the first of three Hepatitis C vaccine shots. Did not need the other two because I was transferred and never deployed to combat
- When taking cholesterol-reducing statins, like Lipitor, it jacked up my liver and I had to stop taking them
- Never previously tested positive for HCV, but don't think I was ever tested for HCV antibodies
Then I thought back to something I read on here a while back. What about the immunization auto-injectors when I joined the military? In 1990, I was processed in at the MEPS center at Maxwell AFB, AL, and went to Basic Training at Ft. Jackson, SC. I would have to dig through my records to be sure where, but I remember us walking down the assembly line and getting immunization after immunization with those air injector guns and having blood drooling down my arm just like everyone else ahead and behind me.
Should I go to the doctor and get further testing?
I'm already 100% P&T. If I do end up being confirmed positive, would there be any benefits of filing a claim for it?
Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
Vync posted an answer to a question,I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:
2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis
2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.
"...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.
First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date.
If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues.
I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.
It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.
Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.
Does this help?
Buck52 posted an answer to a question,Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.
The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.
Picked By66 bricks,
JKWilliamsSr posted a question in VA Disability Compensation Benefits Claims Research Forum,A couple months back before I received my decision I started preparing for the appeal I knew I would be filing. That is how little faith I had in the VA caring about we the veteran.
One of the things I did is I went through the entire M21-1 and documented every CAVC precedent case that the VA cited. I did this because I wanted to see what the rater was seeing. I could not understand for the life of me why so many obviously bad decisions were being handed down. I think the bottom line is that the wrong type of people are hired as raters. I think raters should have some kind of legal background. They do not need to be lawyers but I think paralegals would be a good idea.
There have been more than 3500 precedent setting decisions from the CAVC since 1989. Now we need to concede that all of them are not favorable to the veteran but I have learned that in a lot of cases even though the veteran lost a case it some rules were established that assisted other veterans.
The document I created has about 200 or so decisions cited in the M21-1. Considering the fact that there are more than 3500 precedent cases out there I think it is safe to assume the VA purposely left out decisions that would make it almost impossible to deny veteran claims. Case in point. I know of 14 precedent setting decisions that state the VA cannot ignore or give no weight to outside doctors without providing valid medical reasons as to why. Most of these decision are not cited by the M21.
It is important that we do our due diligence to make sure we do not get screwed. I think the M21-1 is incomplete because there is too much information we veterans are finding on our own to get the benefits we deserve
M21-1 Precedent setting decisions .docx