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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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chiefhouse00

BVA Awaiting Place on the Docket

Question

Greetings

I just checked eBenefits on the status of my BVA claims and it said, "Awaiting Place on the Docket."  Does this mean that the DAV has reviewed and written statements to support my Remanded Claims (Docket 11-12-911)?

Best Regards

Chiefhouse

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You mean a 646 form? Possibly....

Are you on Remand and is this your BVA case?

http://www.va.gov/vetapp15/Files3/1523416.txt

If so did the VA follow all that the remand called for and were the C & P exams favorable?

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Greetings

This is my remanded case and no additional C&P examines have been requested.  Ebenefits show that by case is now in line to be reviewed by a BVA Judge. I'm I reading this correctly or not? 

Best Regards

Chiefhouse00

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That is a long remand, I honed in on one part of it...others hopefully will chime in on the other disabilities:

"Regarding the stroke and seizure disability, the Board notes that although the June 2011 and August 2013 examiners provided opinions and rationales regarding whether the Veteran's stroke and seizure disability was due to his hepatitis C, they provided no opinions regarding whether the Veteran's stroke and seizure disability was aggravated by his hepatitis C, nor did they provide opinions regarding whether the Veteran's stroke and seizure disability was due to or aggravated by his diabetes mellitus type II.  38 C.F.R. § 3.310; Allen, 7 Vet. App. 439.  Therefore, the claims file should be returned to the August 2013 examiner, if available, in order to obtain an opinion regarding whether the Veteran's stroke and seizure disability has been aggravated (permanently worsened beyond normal progress of the disorder) by his service-connected hepatitis C, or whether the Veteran's stroke and seizure disability is due to or aggravated (permanently worsened beyond normal progress of the disorder) by his service-connected diabetes mellitus type II.  See McLendon v. Nicholson, 20 Vet. App. 79 (2006)."              

I can assure you that the stroke was probably 'more than likely" due to your DMII.

DMII can cause cholestrol problems to the extent that the arteries become clogged with plaque and then can form clots and can go to the brain ( TIAs and then irreversible brain disease- meaning stroke.)

One of my claims was about that connection.They awarded 100% P & T under 1151 however, so I did not have to prove the DMII caused the stroke. But,if they get a favorable OGC opinion on my pending claim, I will file a new claim for direct SC for the stroke.

Whether the Hep C or even the DMII ( the BVA fully knows what I know about DMII and gave you a clue here as they gave me once long ago in a decision) I hope you have considered getting an IMO/IME to combat what might again be, a C & P exam that will not help you at all.

When vets are on remand, they have plenty of time to follow the remand themselves and get additional evidence.Strokes happen for many reasons...... but DMII can be a main factor for stroke,IHD, HBP , etc etc and I know that there are very few awards at the BVA for SC strokes....because the vets did not have a real doctor opine on their medical records.

(by real doctor-I mean a Neurologist not some PA or nurse)

 

 

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I just did a search and found that this reply above contained the same advise I gave you here

in 2006.

Others will help.

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Greetings Berta

Thank you calmly for looking into this and your sound advice on how to move ahead with this case.  My head is pounding (tension headache) and I'm taking a ton of meds for everything under the sun.  I kinda get lost at times trying to understand and pursue my BVA and NOD cases but I intend to hold on as long as I can to be successful.  Again, thank you and everyone who have taken time to assist me.  Have a great day.

 

Best Regards

Chiefhouse

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