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

[Buck52]

MacKlem: EAP Equals CUE

The decision in Leroy B. MacKlem v. Eric K. Shinkseki, Opinion Number 08-1409, decided August 10, 2010, involves a decision that was made through a now disallowed VA procedure, extraordinary award procedure (EAP). The Court initially denied the appeal by a single- judge memorandum decision but the decision was withdrawn and the Court found error in this panel decision.

The Veteran was a WWII veteran of the Occupation of Sicily. Prior to service he had been in a car wreck and injured his pelvis. He subsequently was discharged from the military with for a hip injury. He was initially granted a compensation rating but it was severed because the VA found the hip injury was a result of the car wreck and any aggravation was the natural progression of the injury.

The veteran claimed the VA had committed CUE in its decision. While the Court was downright antagonistic to the existence of actual CUE on the merits, the Court did find the VA erred in how it handled his case. After his allegations of CUE, the VA Regional Office proposed a decision that found CUE. However, this decision was changed through the extraordinary award procedure (EAP). EAP required certain awards by the Regional Office to be sent to the compensation and pension director for final determination. The directives creating EAP ordered the decisions granting extraordinary award shall not be disclosed to veterans or representatives and not that they were not to be told the original award had been reduced. EAP was invalidated by the Federal Circuit in Purple Heart v. Secretary of Veteran Affairs, 580 F.3d 1293 (1297 (Fed. Cir. 2009) in part because the procedure prevented a veteran from knowing what persuaded an unidentified decision-maker to reduce the award that was made by the persons before whom the hearing was held.

[Buck52]

broncovet

Check the dates and see what your time line is for appeal ASAP.

Apparently they don't want to look at older evidence, since they seem to ingnore your evidence (what it seems like to me) 

If you possible can?

I would go get a private specialist to do IME/IMO, Print out a good nexus letter, I call it a'' Physician Statement'' there getting wise to the nexus....and get with the Dr after and let him know what you need  a good Dr will help you , He needs to opine everything in your denial, & you basically need All this SC, if your getting SS Disability attach copy of your award letter & you write a good letter explaining why your entitled to these benefits and quote some of the CFR'S that pertain to your case, this will take some research but its well worth it.

if you need to which would probably be a good I deal go see this Dr a couple times, so he can state he is treating you under his care, 

Fight this buddy and fight this hard  with a one -two knock-out.

of course unless your just burned out and tired  then seek a good attorney and let him/her handle this.

I understand the stress this causes, do what you need to do to win.

I wish you the best

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

[SecurityForces03]

Sorry to hear. I'm dealing with the BVA as well. 3/4 of my claim was remanded to RO and the other 1/4 was approved. Which was a no brainer. Nevertheless, keep after it, don't give up.

I'm a Patriots fan so I have really nothing nice to say about the Broncos. Lol.

[rwskitch]

...Buck, it's an 'invalid URL,' so couldn't research it.

[Buck52]

oh  okay  sorry I'll delete it.

[flores97]

Broncovet, I am sorry for the denials from BVA. I am equally certain that you WILL prevail. It is sometimes possible to receive a six figure retro payment from BVA, as mine was after waiting for right about six years. As you said, I doubt that happens very often, and I was somewhat shocked as I had expected them to do staged ratings for the whole period. As Navy said earlier, you and the other elders have far more knowledge so I won't try to offer any advice, just support for whenever you need it!! Go Broncos!!(j/k Panthers fan, lol!) Go, Broncovet!!