Further evidence for being declined by VA

[MCCFR97]

I'm putting together further evidence to show service connection for disability for multiple myeloma based on contact with TCE's and Benzene on the flight line 91-97. 

Min addition to photos, lay witness statements and a nexus letter from my oncologist, can I also submit a previous des soon by a VA judge advocate dated 2012? In that decsision the judge found in favor of a Marine who worked on the flight line in 91-92 at El Toro. He was in NBC and had contact with benzene also and had multiple myeloma. This is basically the same as my claim only a different MOS.

thanks.

[pwrslm]

Depending on your situation, you might be able to get into hardship status if the DRO doesn't help you.

With you being ill and your wife, I am sure that they would consider it.

From Vetsfirst:

"The Board of Veterans’ Appeals does allow for an “advancement on the docket” of appeals from claimants that are “seriously ill” or “under severe financial hardship.” The Board will also consider motions from veterans over 75 years of age. Whatever the reason, veterans seeking to advance on the Board’s docket need to be very specific about why they should be able to do so and submit supporting evidence (such as a doctor’s statement or foreclosure notice) because many veterans are ill or are in financial difficulty and everyone cannot be given priority by the Board."

 

Also, follow everything you do on E Benefits.  If the ball is dropped, you have be the one on top of it so you can fix it.

 

[broncovet]

I think the best way to use a BVA decision is to cite the precedential decision that the BVA cites, and not the Board decision.  
Example:

Board decision states:

Since Dr. R.B.'s statement supporting the claim is somewhat equivocal, it is insufficient to grant service connection.  See generally Tirpak v. Derwinski, 2 Vet. App. 609, 611 (1992); Obert v. Brown, 5 Vet. App. 30, 33 (1993).  It, however, triggers VA's duty to provide the Veteran with a VA examination to provide further medical comment as to whether his COPD is related to his active service; specifically, his exposure to diesel fume exhaustions, including benzene.  See 38 U.S.C.A. § 5103A(d)(2); 38 C.F.R. §§ 3.159(c)(4), 3.326(a).  See also McLendon v. Nicholson, 20 Vet. App. 79, 83 (2006).

Instead of citing this board decision, cite McLendon, or Obert vs Brown.  

[MCCFR97]

I have no access to ebenifits yet. I cannot log on. I am only going by the face to face at the DAV at the SD RO. At this point what is submitted is submitted. I'm am just very appreciative of the help I have gotten now. The DAV has been great and I feel if they deny it, they deny it. It is not something I can control. And there are many others who have been waiting a lot longer than me and who suffer a lot more than me, so I just keep that in mind.

Edited February 2, 2016 by Scott Spillane
Additional thought

[MCCFR97]

Update, I was able to log onto ebenefits, I recieved a documentation and a time stamp about a four days after I filed my NOD from the VARO letting me know they have my new evidence. And today 2/11, I recieved a letter from the VARO stating they have my evidence, it has been assigned to a DRO and I should expect a call or a meeting date if they want a face to face in about 30 days. 

And my ebenefits also updated, all my personal info, the DAV as my rep and some other stuff, so someone is doing something....

I can't complain so far...

[jfrei]

Well I wish you the best of luck at your DRO hearing when it comes time for it.

[MCCFR97]

As I progress I learn more and more, if I can fix it I fix it and submit it at the VARO. (I'm still in line for a DRO). 

When I first did my new and material evidence I submitted x2 buddy statements. When I did this I asked the VSO what the format had to be for buddy statements? She told me just a letter addressed to who it may concern and finish it out with their contact information. 

I have since learned that it's good to have your buddy's 214's statements attached to their statements. This will allow a rater or reviewer to verify the writer of the statement was in the place and at the time he is making a statement of.

As continue to strengthen my evidence and how it's presented I see there is a form 4138 for buddy statements. My statements are not on this form. A very helpful mentor has been working with me here on hadit. He gave me very good advice to have the statements re-done in a "Sworn Affidavit". My buddies are great and do things quickly when I ask them (like when I needed the 214's). My thing is I don't want them to have to go out find a notary, pay for it and send this thing back (although I suppose they would). 

I'm  looking for further advice in addition to great one I have. That being said, I know it would save a lot of time and be much easier on my buddy's if I pasted their statements into the 4138, send it them via email have them sign it, scan it and email it back. 

In my case I think my buddy statements will be important due to the nature of my claim and the lack of anything in my SMR regarding this cancer or its manifestation. 

So, with respect to my friend, who I know will read this, and not that I'm blowing off his advice, has anybody been through a DRO hearing where the buddy statements held weight? And what format were your buddy statements in (i.e. Form 4138)

thanks in advance