SLEEP APENA & HIGH BLOOD PRESSURE

[BUZZ]

To file for smc,you have to be 100% and have another 60% disability rating.I now have sleep apena and probably will be on a crap machine,also been on couple hp medicines for a few years from the va to lower my hp,should I file and try for smc

[Berta]

Thanks for reminding all on this. I have been reading BVA decisions since the the 1980s.

They contain a wealth of information, reflect the thinking patterns of the BVA lawyers,and  the way they interpret the regs and M21-1MR, and the BVA might be the very first extensive reading of your stuff that you will ever get.

They will accept additional evidence up to the very minute they make a decision.

While a BVA award for a similar case wont help anyone as evidence for their case, that award might contain the name or initials of the IMO doctor they need to find,or other evidence they can uncover for their own claim.

If the BVA makes a legal interpretation however in a decision, that conflicts with the way the RO had implemented the same reg (or forgot to apply it) and the claimant raises that fact, the claimant can then offer the Citation/docket number of the prior decision to another claimant, to bolster their position.

For example...I got the most ridiculous VCAA letter I have seen yet  for my 2003 DMII death claim.

The VCAA provisions required a different type of VCAA letter for survivors then for veterans.

I raised this fact in my I-9 and asked for a remand because the VA violated my VCAA rights. The BVA agreed.

But the remand was for an additional VA Opinion from a cardiologist.

I had 2 Endocrinologist opinions  against and 3 Neuro opinions for and I got, not a cardio but a PA opinion and knocked it down medically ,as it was too speculative, and sent my rebuttal to it to the BVA.

The BVA agreed it was too speculative and disregarded it, and then said the VCAA violation was moot because the evidence they had, overcame it, and they awarded the claim.

This is something about the BVA I cannot stress enough....follow the remand yourself if you can, to get what the remand calls for.

I also had ordered a Cardio IMO,thinking their cardio doc might be as bad as the endocrinologist, but the BVA award came before I even got the cardio IMO.The forensic firm I ordered that IMO from sent me back about half of the fee, which was unexpected, as that IMO was never prepared.

My rebuttal on their PA's opinion held a full medical rationale that, even as a lay person, I prepared by attacking ,line by line,medically-  the PA's C & P. I knew more about cardiology then he did but I was not sure what weight the BVA would give to my rebuttal.I worked on that claim every week for 6 years.

It was well worth every effort I made and worth the IMO fees.

And well worth dumping my former POA ,who said it would never succeed.---- him

 

 

 

 

 

 

Edited January 20, 2016 by Berta

[Andyman73]

Berta,

You do your husbands proud!  Bet if you were the first female president, we as a nation, would be whipped into the best shape ever!

Semper Fi.

Andyman

[Gastone]

I was 70 PTSD, 50 SA, 30 CAD, 10 Tinnitus, 0 Hearing & 0 PAH Secondary to SA =90%, since 2010. IU awarded at DRO Hearing 6/14.

Filed FDC for SA increase mid 14 and again 3/15. SA increased to 100% 07/15 with SMC (S-1) 08/15.

Are you currently rated as 100% for (1) SC condition, with 1 or 2 seperate SC's that, when combined equal an additional 60% SC?

Prior to my 07/15, my IU was based on a 70 PTSD rating, no mention of a possible  SMC eligibility was ever addressed even though my CAD and SA SC's combined to more than 60%.

Semper Fi

[BUZZ]

I have other disabilities that total 100% now with this SA and taking couple pills for HBP, thats not SC,I'm thinking,should I file for both?  

[Slick]

Berta,

you hit it on the head- 1) BVA decisions should be your 1st in-depth review and 2) they provides a ton of info, but claims are individual.  Use them as intel on how you will develop your claim or appeal.

[Berta]

Andyman that gave me a good laugh!

I would pull General Petreaus back into the gov in a heartbeat.

He could be a top military advisor and/or the Secretary of the VA.

I forgot to mention that BVA decisions also contain US CAVC cases they refer to,which often hold key precedent setting statements that can help a claimant in a similar situation.

I only have had 2 BVA decisions, one long ago, that denied the claim (or rendered it moot I think it said) as I had been awarded at the RO level the same award,but under a different basis,and had never withdrawn the appeal. But that older decision contained a big clue,that inspired me to file another claim years after that and succeed.

This is funny now but I was pissed when this happened....the BVA awarded the second claim and as evidence for the RO award decision, I had attached their statement regarded my FTCA offset...from the older BVA case,by highlighting that part of a copy of the older BVA case and sending it to the RO.

The RO completely ignored that statement ( which warranted full FTCA offset refund, if a direct SC claim ever succeeded) until I called up the General Counsel in DC and then the VA paid the refund.

The RO cannot supersede any BVA statement of legal fact. But they sure will try to.