Dro Hearing decision

[jfrei]

Apparently I did not read my DRO decision good enough the first 3 times, but if you read the last page she states that the OGC decision was made with all of the cited evidence in my claim, that cannot be true. They made their decision a week before the engineers report I hired was submited into my claim as new evidence. How can she say all evidence cited in my claim was considered in the decision from the OGC if they never even seen the report it shows the dates when all was submitted and it says she got her answer the 23rd from them but then on the 30th the day she wrote up the decision my new evidence was submitted into my claim? She looked at it the day she wrote her decision and entered it in that day even cited a few things as true but only the bits she used to deny as OGC said to . How can she just use some of the report, if it's all true wouldn't the whole report have to be cited and weighed in? She was nice about deny it saying well there's nothing I can do here but I will help you with the appeal and saying they can approve the things I can't.
 

[jfrei]

Wow I need to find a Nexus I guess I confused what. It looks like? I have all these papers taking about the crash that caused my injuries and the LOD that says it was in the line and not to willful misconduct. Is there a form to look for?

[FormerMember]

37 minutes ago, broncovet said:

As you know the VA prohibits what they call "pyramiding", that is, compensating a Veteran twice for the same injury.  

4.14 Avoidance of pyramiding.

The evaluation of the same disability under various diagnoses is to be avoided. Disability from injuries to the muscles, nerves, and joints of an extremity may overlap to a great extent, so that special rules are included in the appropriate bodily system for their evaluation. Dyspnea, tachycardia, nervousness, fatigability, etc., may result from many causes; some may be service connected, others, not. Both the use of manifestations not resulting from service-connected disease or injury in establishing the service-connected evaluation, and the evaluation of the same manifestation under different diagnoses are to be avoided.

It seems VA is absolutely anal about being certain the Veteran is not compensated twice, and goes to great lengths to make sure this does not happen.  While I agree that 4.14 does not address "GM paying" for the injury and then VA paying, too.   My first guess would be that the courts would say that the agency interpretation of 4.14 would be controlling unless the court found it arbritray or capricious, or containing CUE, or otherwise in conflict with regulations and case law. (Using the Auer defense, formely referred to as the Chevron deference)  

    Of course, a CAVC interpretation of 4.14 assumes that this Vet would be denied, and have to appeal to the cavc, and that, of course, is not necessarily true.  The Vet could well win this at the board level, and the Board may not even address the pyramiding issue with GM.  Or, the RO could possibly ask the OGC to opine on this issue, if it has not been previously addressed.  

Wrong regulation. 4.14 only applies to Part 4 of VASRD. It refers only to applying two diagnostic codes that overlap and reimburse you for the same injury. For this, you'd have to journey down to 5USC. 

[jfrei]

On ‎2‎/‎6‎/‎2016 at 9:52 AM, Gastone said:

I kinda figured there was a DUI in there, somewhere.

Pre-Nam I was not a drinker but when I returned, I think I might have been classified as a "Functioning Problem Drinker." Very few nights past that I didn't get well tuned. Always did everything, loving ,fighting,dancing and driving, much better with a few drinks on-board. This went on for most of the 70's. Never had any tickets, arrests or accidents, just lucky.

Most of the Nam Combat PTSD Vets that I meet with, experienced the same type of drinking problems, some still are. The MH Professionals say it's a form of self-medication, even though you may not be aware there's an actual MH problem.

You might be well advised to get yourself checked out. Your VA PC Dr can give you a PTSD Pre Screen Test and dependent upon your score, refer you to the VA MH Department for further testing and treatment. If found to have PTSD on either of the Pre-screan tests, I think a PTSD FDC would be warranted.

Semper Fi

 

I just been going through my medical apparently I was diagnosed with alcohol dependence in 2007 after my accident and was sent to in house rehab at Andrews Air force base. Sorry about the scattered brain when replying. 

[Gastone]

What did "They" link the Alcohol Dependence to, a meteor strike? You certainly didn't have a DX'd drinking problem before you went on active duty, right. Did you get the "Treatment Records" from  Andrews AFB?

Might or might not, be helpful.

Semper Fi

[jfrei]

21 hours ago, Gastone said:

What did "They" link the Alcohol Dependence to, a meteor strike? You certainly didn't have a DX'd drinking problem before you went on active duty, right. Did you get the "Treatment Records" from  Andrews AFB?

Might or might not, be helpful.

Semper Fi

Yeah the only thing I got was that I successfully completed it and sent home to deploy and back into the head doctor to be cleared to deploy. Then got the ok and sent away to whatever the dirt pile Afghanistan everything I thought was gone came back well almost all other then drinking. Other forms listed it as Alcoholism but I think that's the same thing. But everything is blamed on the crash they said was willful misconduct so here I wait my turn like everyone else. But here are just a couple more one is from the night of my crash when they listed to contact my MMSgt at the time and the others from 2010 were I was reevaluated and then the other page I didn't attach just says the VA is evaluating it.

Edited February 17, 2016 by jfrei
evidence

[anglersd]

Has there been any update on your case jfrei? I'm kind of in the same boat and wondering where your at with this.