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Bva appeal

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Drillserg63

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had bva hearing for a appeal. For a appeal from 2011. With 2 positive nexus letters and one negative. Lawyer asked judge if there was anything else that we could provide to substantiate the claim. He said no. The judge said I was a credible witness and that I had very significant evidence. Appeal is for hypertensive heart disease secondary to service connected hypertension. When the c&p Dr changed my diagnosis to valve disease and the dro denied. My private Dr since has provided a nexus letter saying I do have hhd and it is more likely than not related to hypertension. I even sent the dro my progress notes which says hhd without heart failure and an icd code. He put in the SOC that is not a diagnosis. My attorney told the judge this is an error on Va part. The first c&p Dr wrote in his opinion that the subsequent condition hhd is at least as likely as not related to hypertension because medically there is a pathological relationship. The diagnosis hypertension because they are the same condition just named differently. Seems the dro just found an examiner to support the denial and totally over looked my positive evidence. Heck he didn't even mention the 2 positive nexus in the soc

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PS, you will get more help from others if you post this as a separate topic...under DIC or 1151.

http://www.blogtalkradio.com/haditcom/2015/02/04/robert-walsh-attorney-haditcom-podcast

This is one of  some of the radio shows I did with Bob Walsh as our guest speaker.

Often we discussed DIC and 1151 issues . Just click on the link and your PC will bring up the

audio from the show. Also his contact info is there.

He or any lawyer will ask you the same questions I did and will need to read the decisions you have and want to see the veteran's SMRs, VA medical records, and 201 file and probably will want to read a copy of your C file,which I hope you have or will obtain from the VA.

 

 

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Joan

 I agree with Berta.  I also sent you an email with a list of some lawyers who represent Vets I am familiar with.  We ask people to "start a new topic" with their questions, so that people dont get confused.  We can see that you are new to hadit, so welcome to hadit.  You came to the right place.   

   The NVLSP, Bergman and Moore, and Chris Attig.  There are others.  

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On ‎1‎/‎30‎/‎2016 at 7:47 PM, Buck52 said:

They want us to get on our hands and knees and beg for our benefits as they laugh about it .

I just had my PTSD  C&P about a week ago and now its showing up in ebenny's that my claim completion  estimation is  10-2017 to 5-2018....sucks

...Buck

IF YOU ARE 100 % WHAT DO YOU GET IF YOU FILE A CLAIM FOR PTSD WHEN YOU GET BENEFITS  AS SC AT 100 %.I WOULD THINK THIS IS THE CAUSE FOR CLAIMS being backlogged.I WOULD SUGGEST CLAIMS THAT ARE ALREADY 100% AND HAVE NEW CLAIM SUBMITTD WOULD HAVE TO WAIT UNTIL OTHER CLAIMS WAITING FOR DECISIONS OR HEARINGS.

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  • HadIt.com Elder

air1

For one thing I have a  contention that I reported that I  had been in years of denial about it,living a miserable life.

I'm not proud to have PTSD ...But its there and I decided or my spouse decided she had enough and pleaded with me  for years  to get help and she mention this to  my VA pcp &ALONG WITH OTHER HADIT MEMBERS support to seek help

 I took it. AND I AM SEEING A VA counselor and psychiatrist, taking meds for it and trying to live a better life 

As for as the SC 100%  I am actually 90% combined rating SC and because of my SC disability, I can't work and have not worked since 1999  actually before that anyway I was granted TDIU P&T because of my SC Disability  and getting paid at the 100% because TDIU P&T with no future exams and disability is considered static in nature.

I filed for PTSD claim because I have that right to do so just as much as you do to file your claim.

Its not fair to say me filing a PTSD claim will make the CLAIMS back-log even further away for other veterans.

 Were all in this together and I will never say any veteran is clogging up the claim system because he wants to reach the 100% or more & to reach the SMC..IF YOU DESERVE IT THEN GO AFTER IT.

Further more  some veterans luck out and get their claims Adjudicated sooner than others  no ones figured that out yet  that's just the way the system works. no one is above any one else in my opinion no matter what rank or what, a veteran is a veteran when he/she served his country in war or non- war.

If you have a claim in for a SC Disability I wish you well and that you get a favorable decision soon and not have to appeal.& you live your life to to fullest.

NO veteran should ever have to explain him/herself as to why they are filing for a claim and by all means never say to any veteran male or female they are causing the Claims Back-log if they file a claim for increase no matter what their % 

Because sir its no ones business but the veteran and the VA.

Any help along the VA Claims journey is always welcome. 

As hadit ,com has been for the last 19 concurrent years  Thanks to Ms Tbird and other elder hadit members.

Sincerely  Sir

...................Buck

 

...............Buck

Edited by Buck52
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  • HadIt.com Elder

Oh btw

If a veteran has been 100% SC for ten (10) years or more  that qualifies his spouse for DIC. 

I don't know about you but for me that eases my mind.

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