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

[Navy4life]

BroncoVet;

I am very sorry to hear this....I know it was not what you expected nor what you wanted.  It frustrates me to see Veteran's fighting for what should be a "no fight" issue.  I know there are so many experts on here and I can't even begin to give you solid advice.  I am going to follow your case and I am going to hope you get your just deserve!

 

[Berta]

I helped a local vet get  almost 1/4 a Million from his BVA decision and we had at least one vet here who  I and others here helped, who also got a 6 figure retro.

My BVA case ( DMII death) got a 5 figure retro refund (FTCA offset had to be paid) but the additional ancillary benefits brought that award results close to100,000,because of Chap 35 refund and also REPS benefit, and Vike ,former member here, got this vet 108,000

 

[broncovet]

Berta, 

    Interesting.  Im sure it does not often happen.

 

Buck.  

    In 2010, after the report you cited was published, Macklem happened.

Essentially the courts decided the EAP (extraoridinary Awards program, that is, the over 25k program) is CUE

 be cause the Veteran does not have any say or an opportunity for a hearing at this process stage.  

http://thomasandrewslaw.blogspot.com/2010/08/macklem-eap-equals-cue.html

So, what does the VA do?  Well they "rename" the program, take it underground, and use Macklem as an excuse to "look the other way" when well connected VA employees award friends fraudulent benefits and take a piece of the pie, like this:

http://articles.baltimoresun.com/2013-05-02/news/bs-md-military-vet-fraud-20130502_1_veterans-affairs-office-agent-orange-federal-veterans-department

[Buck52]

So the courts can change a CUE if it finds a EAP?That don't seem fair to the Vet  or unless a EAP  ''Extraordinary Award Program was used before a CUE?

[broncovet]

No, Buck.  The VA was forced to abandon the EAP, at least officially.  If the VA does do an extra ordinary awards program, such as require more signatures at VACO, etc, then the Veteran can file a CUE as he was denied due process, or that is the way I see it. 

You can read Alex's take on Macklem:

http://asknod.org/2012/06/28/cavc-sellers-v-shinseki-macklem-ii/

 

[RUREADY]

according to the ruling after a BVA denial he can get a new IMO

or new evidence and ask for a reconsideration not sure on the days

you have to do this