tdiu BVA denies EVERYTHING

[broncovet]

I would have guessed this would never happen, but my recent decision was denied.:

1.  SC for sleep apnea was denied.  I had "challenged" the competency of the 2015 C and P exam, who had admitted to me she had no training or experience in sleep medicine. The 2007 Board certified doc had opinied that my sleep apnea was "the result of" SC depression.  No matter.  The board picked the incompetent, c and p doc over the Board certified sleep specialiast opinion and gave no reasons and bases why. 

2.  TDIU was denied. The Board substituted their own unsubstantiated opinion that I was not unemployable, and "discounted" ONE of 5 docs who had opined I was unemployable due to SC condtions.  The BOard did not discuss my 2005 decision where I was awarded NSC pension because I was unemployable (but did not meet the schedular requirements for IU).  In other words, in 2005, the RO admitted I was unemployable, but suggested it was Non Service reasons for sleep apnea.  Later the board decided I was not unemployable.

3.  Hearing loss increase was denied.  Again, they did not address my theory that VA misinterpreted 4.85b and put my numbers into the chart backwards.  

 

I was devastated, but am handling it better now.   If anyone has comments, I appreciate it. Thanks.  

If you are happy with your attorney, please send me their name/contact information.  Thanks.  

Congratulations to the Denver Broncos on their superbowl win.  

Edited February 8, 2016 by broncovet

[Vync]

Broncovet,
I know that is definitely not the information you had hoped to receive. I know you have already started picking apart the flaws in their poor decision. I can tell that you are really ready to fight this as far as it takes.

Can an BVA decision be reconsidered or must it go to the CAVC?

Did you personally appear before the BVA? I have had claims to the BVA twice. The first time I appeared in person before the travelling board and it was a real eye opener. I think that had I not chose to plead my case, I would still be 0% NSC. The second time is later after the denials and I had a mixed positive/negative outcome. 

I'm exploring potential support. Chris Attig has a quick 5 minute video on his site. It tells you straight up the few types of claims he is interested in. From memory, sleep apnea WAS on the list. I believe TDIU might have been on there also, but it has been several weeks since I saw the video. Bergmann and Moore was another lawyer. I personally contacted them a few years back. The lady I spoke with, Carrie, was very courteous. Based on her consultation, she recommended I wait until I have been denied by the BVA before seeking legal assistance. Her advice paid off because I actually won at the RO level. I am considering either Attig or B&M. I think Attig would be far too busy to accept my potential cases, but I think they would see your case as one of those "what the hell was the BVA thinking" cases.

 

[green]

broncovet, sorry to hear that the decision was not what you had hoped for.  Am I right in assuming you are looking for IU in order to get SMC-S?  I'm asking because it appears you are already 100% scheduler (and I'm still trying to understand the difference and benefits of each classification).

Edited February 9, 2016 by green

[Berta]

On page 12 of this appeal pamphlet pdf from the BVA it states the options a vet has:

http://www.bva.va.gov/docs/Pamphlets/How-Do-I-Appeal-Booklet--508Compliance.pdf

A Motion for Reconsideration or a Motion charging CUE can be filed on any BVA decision.

Also a claimant can appeal a denial at the US CAVC.

There is equitable tolling factors for filing with a CAVC.

I believe you have 120 days from the BVA decision, but not sure...it is in the pdf above.

[broncovet]

Vync

   Thanks for your response/email.  I replied to your email.

Green

    Yes, the IU is a method BOTH to get to SMC S, And it has about 4 years potential earlier effective date, if I can get an extraschedular IU award which VA is reluctant to grant.  

Berta.

   I like the MFR because I have new evidnece, but am understandably concerned about passing the quick 120 day deadline to appeal.   Alex has suggested "getting your (six figure retro claim) to the CAVC ASAP" as neither the Board nor the RO have the authority to grant six figure retro's because its above their paygrade."  

    Consider those huge multibillion dollar contracts for Boeing, and other contractors.  Those decision are likely made at the Defense Secretary level or even above, and certainly GS9's dont award multi billion dollar defense contracts.  

    I think this is the same thing.  You just dont see 6 figure retros coming out of the RO (ever) and they probably dont come from the board, either.    They simply think of an excuse to deny which passes the buck to the CAVC.    Alex got a board denial and did not get his 6 figure retro until he made the trip to DC at the CAVC.  

    This is why Im thinking that a MFR is not gonna work.  Im asking a GS12 to do a job that only a CAVC judge can do.  Do you know anyone who ever got a large or six figure award out of the RO or the Board?  I do not.  NOt one.  

[Vync]

Broncovet,
I remember reading some of Berta's posts where some older veterans won EED's of 30+ years at the BVA level. It makes me wonder if they have to kick those up to the CAVC for retro approval or just send it up the VA chain to Bob...

[Buck52]

bronco

if you file Notice of Appeal

you have 120 days s you probably already know  this looks like a good option to me.

or a file a motion to Appeal  there's no time limit on that.