Now what?

[Scout Swimmer]

03-19-16

Granted 30% asthma according to AB8 letter. (From 06-03-2011)

03-20-16. Received SOC regarding headaches. 

03-21-16 Submittef rebuttal to SOC and fired VSO. (Did not follow remand instructions/failed to consider nexus for migranies related to service connected asthma, rhinitis, nasal blockage, deviated septum never addressed).  

Have not received official rating yet. Also did not receive retro payment or new monthly adjustment for April. 

Damn VA. Real good at sending BS denials. Not so good at getting Veterans their entitlements when proven wrong. 

[Scout Swimmer]

We tried to find a private opinion for years unsuccessfully. We couldn't locate a doctor who would even consider touching it. Even if we did find a doctor he probably wouldn't be versed in VA lingo and he wouldn't have any sort of knowledge base on clinical studies relating to breathing conditions for OIF veterans. That stuff is foreign language to civilian doctors. We hired Bash and John 2 weeks before my wife's appeal was with a VLJ at BVA. We sent the paperwork in literally hours before they were about to deny it.  

To answer you question Rudy, based on our circumstances and where we were with our claim, absolutely yes! We were about to lose the appeal and we just didn't have anyone willing to do anything. The American Legion did nothing for us. Our private physician was not willing to put his name on paper. It was hire Bash and Dorle or lose.

Since John and Bash were hired on, the appeal did a complete 360. We won the appeal based on Bash's testimony and Dorle's representation, despite what the RO thinks. Evidence is evidence, case law is case law. When you have both working for you, the RO's personal opinion with a remanded appeal simply doesn't matter as long as you have your ducks in a row, as I'm slowly finding out.

Edited April 20, 2016 by Scout Swimmer

[RUREADY]

4 hours ago, Scout Swimmer said:

We tried to find a private opinion for years unsuccessfully. We couldn't locate a doctor who would even consider touching it. Even if we did find a doctor he probably wouldn't be versed in VA lingo and he wouldn't have any sort of knowledge base on clinical studies relating to breathing conditions for OIF veterans. That stuff is foreign language to civilian doctors. We hired Bash and John 2 weeks before my wife's appeal was with a VLJ at BVA. We sent the paperwork in literally hours before they were about to deny it.  

To answer you question Rudy, based on our circumstances and where we were with our claim, absolutely yes! We were about to lose the appeal and we just didn't have anyone willing to do anything. The American Legion did nothing for us. Our private physician was not willing to put his name on paper. It was hire Bash and Dorle or lose.

Since John and Bash were hired on, the appeal did a complete 360. We won the appeal based on Bash's testimony and Dorle's representation, despite what the RO thinks. Evidence is evidence, case law is case law. When you have both working for you, the RO's personal opinion with a remanded appeal simply doesn't matter as long as you have your ducks in a row, as I'm slowly finding out.

what ever . Your doctor opinion didn't matter you won off evidence you had

in your records could have save you some money. But I forgot you get what you

pay for . Simple summit doctors evidence let them get an opinion to

counter my dr opinion . after what you posted about BASH opinion u blame 

me call Bash to get another IMO. He was in judge corner when the decision was made correct? jmho

Edited April 20, 2016 by RUREADY

[RUREADY]

IMO from anybody make sure they have experience to write

it and not what you hear what they do. IMO'S are within budgets

for vets. Don't be fool by bull=sh^t

I forgot good luck

Edited April 20, 2016 by RUREADY

[Scout Swimmer]

I think you may be misunderstanding. We had no evidence in her SMR. Her conditions developed shortly after service, as well as her initial diagnosis. The only evidence we had was provided by Bash linking asthma to environmental hazards.

I'm not sure what you mean by blaming you. I wouldn't blame anything on you. Maybe I am misreading? Anyway thanks for the advice.

Edited April 20, 2016 by Scout Swimmer

[RUREADY]

so you are good with the outcome if so

I am great with it

Edited April 20, 2016 by RUREADY

[RUREADY]

you says they disagreed with the IMO but yet you say you won

with it please explain for the ones who doesn't know any better

like me what won.