Scout Swimmer Posted February 26, 2016 Author Share Posted February 26, 2016 Thanks. Link to comment Share on other sites More sharing options...
Scout Swimmer Posted March 19, 2016 Author Share Posted March 19, 2016 (edited) Ok this is BS. I checked my AB8 letter and we were approved 30% for asthma. They denied migraines on a direct connect basis only. Their PA's negative nexus (WHICH HAD NO MEDICAL RATIONAL AT ALL WHICH WAS A CONDITION OF THE REMAND) trumps our neurologist apparently, and they never considered that the migraines are related to her now service connected asthma (Duh) which they even admit on her last C&P They also failed to address the chronic rhinitis and deviated septum. (Also related.in her progress notes and neurologists opinion). This issue will now go back to the BVA. My question is will the judge look at this and reverse the RO's denial? Do they have the authority and if so, is that a common occurrence? Do I write a pre-emptive letter pointing out the obvious error or do I just wait to get issued the SOCC? Why cant the RO do his job? This is obvious! Edited March 19, 2016 by Scout Swimmer Link to comment Share on other sites More sharing options...
TexasMarine Posted March 19, 2016 Share Posted March 19, 2016 59 minutes ago, Scout Swimmer said: Ok this is BS. I checked my AB8 letter and we were approved 30% for asthma. They denied migraines on a direct connect basis only. Their PA's negative nexus (WHICH HAD NO MEDICAL RATIONAL AT ALL WHICH WAS A CONDITION OF THE REMAND) trumps our neurologist apparently, and they never considered that the migraines are related to her now service connected asthma (Duh) which they even admit on her last C&P They also failed to address the chronic rhinitis and deviated septum. (Also related.in her progress notes and neurologists opinion). This issue will now go back to the BVA. My question is will the judge look at this and reverse the RO's denial? Do they have the authority and if so, is that a common occurrence? Do I write a pre-emptive letter pointing out the obvious error or do I just wait to get issued the SOCC? Why cant the RO do his job? This is obvious! Yes. That's what the BVA is for. (Reversing RO decisions.) And THAT is a very common occurrence. My advice is to wait for the SSOC. Then you have the "exact denial wording" to include in your Appeal or "Clear and unmistakable error" (or CUE). ArNG11 1 Link to comment Share on other sites More sharing options...
Berta Posted March 19, 2016 Share Posted March 19, 2016 Right! and your neuro's opinion should trump the PA. When I got a remand for a cardio opinion years ago, I was thrilled. I knew no cardio doc could possibly go against the claim.Plus I had 2 IMos from Dr Bash and also a Neuro freebee opinion. But then again I have no trust in VA so I paid for an additional IMO from a forensic cardiologist. As he prepared that however, I rebutted the PA's opinion medically and sent my rebuttal to the BVA stating the opinion was too speculative because he did not have a cardio background, and the BVA had ordered a cardio opinion, not a PA opinion. I waited for the cardio forensic opinion for a few weeks and suddenly got a BBE from the BVA. I threw it on my desk without opening it because I figured it was the third time in a few years I got someone else's BBE decision by mistake. In those cases I was able to contact the AL , in one case, and DAV in the other case as one was a BVA award and the other a denial, which I gave suggestions on ,to the POA, to get reversed under Reconsideration or CUE Motion. Finally I opened the recent BBE on my desk to see who should have gotten the decision.... it was MY decision, an award ! BVA agreed the PA opinion was too speculative and disregarded it. My extensive lay medical evidence, my 2 IMOs from Dr Bash, and a 2 sentence email freeby from a former VA Neuro ( the only treating doc who would not go along with the cover up of malpractice of my husband at the Syracuse VA) totally weighed the scale in my favor. I had asked for the remand,myself, due to a VCAA violation. BVA agreed that my VCAA rights had been violated but rendered that moot, as their decision was favorable. Make sure the BVA has your Neuro's opinion.And copy of any rebuttal you might make. I don't think I even sent a copy of my rebuttal to the Buff.VARO. They cant read anyhow. The BVA can read. rwskitch and ArNG11 2 Link to comment Share on other sites More sharing options...
Scout Swimmer Posted March 20, 2016 Author Share Posted March 20, 2016 Thank you. i sent the rebuttal yesterday. I pointed out the discrepancies and violations with case law examples. I have them beat 6 ways to Sunday. ArNG11 1 Link to comment Share on other sites More sharing options...
ArNG11 Posted March 20, 2016 Share Posted March 20, 2016 Don't stop until you win what you're entitled to and deserve. Keep it up and glad to read the fight still goes on. rwskitch 1 Link to comment Share on other sites More sharing options...
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