NOD DRO

[PoodlesHunt2]

Hi Everyone,

I'm hoping someone can chime in and help with a few points I'm trying to make to the VA.  My dad is 100% service connected AO for IHD/CAD (two AMIs).  We were fortunate with the CAD part but they denied secondary and thus SMC AA.  I retained legal rep for appeal (DRO) for secondary connection as I am, sorry to say, too exhausted to keep fighting the VA labyrinth by myself.  For the NOD, two specialists (the same one who did the original DBQs) provided "more likely than not" nexus letters with their vitaes, attached medical reports/findings, but failed to proffer treatises in support of their conclusions.  I didn't press the issue of adding treatises to their letters because you can only ask for so much before you risk alienating the very people trying to help.   Regardless, I'm prepared to go the IMO route if the DRO fails to grant and appeal to BVA.

So my first question is this:  what exactly is a good treatises?  I've reviewed case files from BVA and the court often cites treatises submitted by the layperson to be either too general or too specific to be of much probative value.  Okie dokie that tells me zip as I try to balance on the teeter totter.  I understand the "definition" of evidence based medicine but it's application is still sketchy to me.   Would anyone be willing to show me what they feel is a solid treatise with a causational link.  For example X treatises was used to associate how disease A begat disease B?  I'm using generalities because my particular set of circumstances is going to be much harder to prove as disease A started disease B which morphed into disease C.

Second question is:  I'd like to have service dates adequately reflected on his award letter as they weren't.  How do I go about this?  I'm assuming it must be a part of the NOD, right?  I submitted my dad's last DD 214, given upon his retirement, when I filed but the award letter only lists those last 4 years: member served during PEACETIME from this date to this date in the 1980's.  He served 28 years (which was reflected in the REMARKS section of the DD 214 showing reason for separation was max time in service allowed by law).  So how can the words PEACETIME be used if it was AO presumptive?  I'm at a loss because the dots don't connect other than someone did a cut and paste:  last four years shown on DD 214 were in the 80's so voila PEACETIME becomes the association in the narrative used.  Shouldn't the word COMBAT or WARTIME be there instead of the PEACETIME characterization or am I missing something?   I proved he was in country with a copy of an APR that was generated while he was stationed in Vietnam for over a year.  Since his original filing I have found my dad's retirement orders, along with his pre-retirement Military Personnel Center summary demonstrating he entered in the 1950's and separated in the 1980's with a TAFMS of 28 years and 24 days.  It also reflects his medals from Vietnam and his exact in country service dates.   I know most folks probably wouldn't care as long as they got the 100% SC rating but I do for two reasons:  (1.) I'm 100% SC for Desert Shield/Desert Storm and my award states WARTIME so it irks me they used the wrong terminology for my father.  And (2.) where my parents live they cannot get a VA property tax exemption unless the word COMBAT is used in the award letter as it's how the county defines eligibility.   The way I see it this a clerical error on the VA's part but to correct it I have to submit it as part of the NOD, correct?  

I hope this came out coherently and apologize if it didn't.  I pretty much spend 12-hours a night caretaking my father so my mom can rest and consequently not all neurons fire/synapse as they should most days.

 

Thanks in advance for any suggestions, etc.

 

   

 

 

[Berta]

" For the NOD, two specialists (the same one who did the original DBQs) provided "more likely than not" nexus letters with their vitaes, attached medical reports/findings, but failed to proffer treatises in support of their conclusions.  I didn't press the issue of adding treatises to their letters because you can only ask for so much before you risk alienating the very people trying to help.   Regardless, I'm prepared to go the IMO route if the DRO fails to grant and appeal to BVA. "

Since these 'letters' did not seem to be IMOs( following the IMO criteria here at hadit) I assume you did not have to pay for them.  ?

A hired IMO doctor with  expertise in the fields of the disability(ies) would gladly provide treatises and/or abstracts to bolster their opinion. 

But this is confusing:

" I'm using generalities because my particular set of circumstances is going to be much harder to prove as disease A started disease B which morphed into disease C."

"  We were fortunate with the CAD part but they denied secondary and thus SMC AA.  "

Can you scan and attach their Reasons and Bases here? And the Evidence list? (cover C file # etc prior to scanning)

And tell us what the B, and C is? I assume the A is his 100% CAD.

 

 

[Gastone]

Has his VA PCP or Specialist, completed a VA Housebound Comp Application yet? An SMC S would add about $350 to his 100% Comp Rate. Is he receiving SMC K ($1??.00), good chance he has ED Secondary to the CAD?

We could use more info, say a redacted copy of his Award/Denial Letter.

DRO Hearings have historically taken 2+ years, unless the Vet gets an Advancement for Medical or Homeless reasons.

From your post, your Dad is 100% SC Scheduler, based strictly on his CAD DX. Has he developed SA (Sleep Apnea), post CAD DX?

As to the Property Tax Exemption, it's based on State Specific Laws, not county. Most I've viewed have (3) basic requirements, 100% SC, OR In receipt of Pecuniary Assistance (ramps etc), OR in receipt of VA IU Compensation. Haven't seen any State Law, where an actual Combat Award, was stipulated. What State are we addressing here, need to read the State Law.

Whats your Dad's VA Attorney have to say?

Semper Fi

[Mike_S]

Gastone

Have you seen another connection between SA and CAD? IM please, I don't want to hijack.

To add to this discussion. My ED was secondary to CAD but at 0% but SMC was added because of it. I was surprised.

 

Edited June 14, 2016 by Mike_S

[Buck52]

poodle

I don't understand your question about your fathers claim your helping him with  for the correct rating and for the rating to be 100% P&T so they can get the right benefits he so well deserves  the Property tax exemption is one of the Best yet. in my opinion...that helps tremendously

so to prove your claim you need military records&medical evidence and the VA says your father DD-214 DON'T have all his service dates and his places of Duty (especially Vietnam) that his military service don't reflect war time?

Some big mistakes have been made to your fathers DD-214  & The idiot clerk that prepared them for his ETS/ Retirement after 28 years must been smoking some Spoiled wacky tabacee 

If your Father DD-214  is incorrect with his time served dates /places ect,,,ect,,and does not have his RVN Service on it  you can email this place and give them all the info you have on your Dad including his Service Number  usually his SS# OR CLAIM #

If you have any service records  and duty stations he was at including Vietnam send those copies to this place too, any travel orders or orders to other duty stations, his enlistment records ect,,ect, any records that shows his military service..

ReQuest his DD-214 be Corrected to the dates he  has on his person any evidence you can provide to help these people will help .

 if your Dad has Awards certificates combat ribbons & his Medals  list them or take a pic  and submit those.

Branch of service Any of  his battalion unit organization with his military service  any proof you have send it.

here is the Link read it and fill it out  to PDF. Make copies and send to the address  or you can do it online by filling out the PDF AND SEND TO THIS LINK..The link will give information as to how to send it to them.

http://arba.army.pentagon.mil/abcmr-app.cfm

Good Luck

 

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

Edited June 15, 2016 by Buck52