Question about retro

[MCCFR97]

I thought I read this somewhere the other day but I can't seem to find it. I have a speculative question so I'm looking for opinions obviously for my own knowledge. if you make a claim, then get denied, you do a NOD and submit further evidence. If you did the initial claim and you were diagnosed about 9 months earlier, can the DRO choose to make your retro pay from the day you were diagnosed?

Every claim is different but this is a cancer claim with a 100% rating if service connected, so in the medical world it's kinda cut and dry, you either have cancer or you don't and it's either service connected or it's not.

Also this Dr. Did the IMO and is a specialist in the field.

With this info and your opinion, would you humbly ask for this additional retro at the DRO? I read here someone said "it's not about the money, it's about the medical coverage", although true, an extra 9 months of retro, if it's in the power of the DRO, would....pay off a car? Or any number of other things that must be dealt with when this kind of diagnosis happens. To make this happen, Bring it to his/her attention? They don't have to give it to you and I would not fight it.

What's your opinion? I thought I read on here that a DRO can elect to give retro from the day of diagnosis but it could not be longer than 12 months. Or did I wish I read that....

thanks in advance for all opinions or thoughts both for and against....

Edited February 14, 2016 by MCCFR97
Spelling and punctuation

[MCCFR97]

7 minutes ago, toddt said:

Effective Dates:

http://www.benefits.va.gov/compensation/effective_dates.asp

Thanks todd, I worked air wing, no need to post the denial letter, todds link above basically spelled out the reason for the denial. My MOS was 7051, my claim is that we both cleaned on field days with benzene and tce's to cut the grease on trucks and equipment, and we also burned off a lot of benzene and JP with no mask or rebreathing equipment. What's my proof? Photos of active burns in a pit with me and my brothers and no protection, except the silver heat suits.

three simple to read science articles from the WHO, and a few others basically stating there is no safe level to handle benzene and if you burn it with no rebreathing equipment your pretty much screwed and can expect to get multiple myeloma. And obviously a nexus letter from a specialist in MM stating she has been treating me, has seen what I did in the marines, looked at my training jacket and stated based on all the info in her professional medical opinion it "is as likely as not" blah blah blah, you get the idea, 

mans I submitted a BVA descision from 2012 for a jar who worked at El Toro from 90-92. Spent his days on the flight line working with benzene. Got out, got DX'd with stage three MM in '08, got denied by the VA. He appealed it and in 2012 was approved at the comp rate by a VA judge. 

The case is out of my VARO so I included it with my evidence just because, because you guys make me nervous and I wanted to make sure I turned in an overwhelming amount of new pertinent evidence, after reading the horror stories after the past year.

[Berta]

I am going to assume, but could be wrong, that the El Toro vet had a strong independent medical opinion that supported his service connection due to benzene.

Sometimes BVA decisions give names or initials for IMO doctors.

It would be a good doc maybe to contact for an IMO in your case too based on the similar circumstances.

If the BVA just gave the IMO's initials ,you could search the state that claim was filed in for someone, under MD state lists with similar expertise ....however  and IMO doctor need not be in the same state you are

unless they would want to examine you in person.

They would have to have oncology expertise and follow the IMO criteria here at hadit.

I have been around the VA block for almost 3 decades. Many of us hardcore claimants here have been through battles with them.

In my opinion,  the VA is getting worse then ever and the best thing you can do is surround them with evidence, and make sure you get a proof of mailing it, or proof of however you send it to them.

 

[Berta]

If this is the El Toro vet's BVA case, he had strong private medical opinions to bolster his claim:

http://www.va.gov/vetapp12/Files5/1230710.txt

 

 

[MCCFR97]

1 hour ago, Berta said:

If this is the El Toro vet's BVA case, he had strong private medical opinions to bolster his claim:

http://www.va.gov/vetapp12/Files5/1230710.txt

 

 

Yea it is. I should point out two things why I added that as evidence. 1. The descision is against my VARO. 

2. Same situation just a different MOS. will it help? Who knows, many here said "No".  But, I have been in Law my whole life, no I'm not an attorney, and I know nothing about VA law.  But I do know a precedent is a precedent in a court that has the ability to make a binding descision. Maybe my DRO will over look it and say it has no weight. But if I'm denied again, at some point I'm gonna go before a judge and that will be in there. And I have been in front of hundreds of judges and never saw one that did not look at precedent preceding.  Doesn't matter now what the evidence was or who I got my IMO from ( Although it is the only MM specialist in my area). It's entered, I have the receipt, just waiting on the DRO phase...

[Berta]

BVA decisions are not precedential decisions. Some US CAVC decisions are ...but only if the court deems them as precedential.

BVA decisions are good evidence ( I have used a BVA decision I got years ago for this reason-to support a legal decision VA tried to get me to accept ,. that was erroneous.) if they clarify a critical legal point.

The VA is quick to say that a BVA decision is specifically geared to each BVA claimant. No two cases are really ever the same.

The fact that your MOS is different, right there, shows that this BVA decision will not help you.

If the IMO you have sent to them conforms to the IMO criteria here at hadit and your MOS reveals a firm nexus to support your exposure to TCE, Benzene and/or JP, then there is chance of success.

The contaminate has to be narrowed down to exactly what it was. JP 4---we have had JP 4 vets here and there are BVA decisions on them.

 

Nothing is impossible but it takes lots of evidence to succeed on claims like this.