tdiu No Sleep!!!!!

[cowboys4life]

I could not sleep at all last night thinking about what I am faced with. First off I know that the VA must require that evidence must include the veterans statements regarding his or her level of impairment when deciding the claim. I know someone must realize that if there is no input as the level of disability from the veteran then all the cases would be truly one sided and there would be no need for us to say anything about our conditions if they are going to be systematically omitted. I looked over my decision from the BVA and missing from that decision was all the lay person statements and my statements pertaining to the effect of my condition on my daily life. I also could not find reference to all the medications that I take for my heart conditions. As a matter of fact it seemed that the BVA wanted to get me to 100% exclusively by way of my pes planus and plantar fasciitis. They conveniently ignored my coronary artery disease while disproving it by simply citing the many tests that I had over the past 15 years regarding level of ejection fraction and METS. I know that is a noted procedure that gets a lot of weight, but there is a regulation that says the VA just can not submit test verbatim without giving the board the total picture of the veterans disability to include any statements from the veteran and any other laymen that give statements. I just do not know where I saw that information. I am also worried about the BVA use of the two medical doctors' opinions given back in 2002 and the weight that is given to it, stating that, that evidence outweighed the most recent opinion made by the C&P examiner. I have included a portion of that decision for you guys to look at. I posted it elsewhere because I did not quite understand that I could have a stand alone post on this site. I want to know a couple of things so I can get on with my life and not worry myself into the grave. One. Am I grasping at straws when I say that the BVA did not consider my total disability picture when it did not reference my assertions about the effects of my condition on my daily life, regarding every test result and opinion as the whole truth from my previous exams with respect to coronary artery disease. Two. Should I consider filing for reconsideration  to the board or an appeal to the CAVC. Here a copy of the decision and you tell me if I have an issue or I just do not understand the application of TDIU

[Gastone]

What's the date of the BVA Award? Looks like your getting an IU Award, so what's  the problem? Who repped you at the BVA? What does your Rep have to say?

You indicate that your 40% SC, what SC's are you working with?

It would help my old eyes if you would "Double Space" after every 5 or so sentences, thanks.

Semper Fi

[VetlawUS]

I can't give legal advice on a message board, but my firm's daily work is handling CAVC appeals.  

Happy to take a look at your whole decision and then I can call and discuss it with you.  

Email the whole decision, and your preferred contact info, to me at vetlaw@attigsteel.com or go here to submit the info:  http://www.attigsteel.com/bva-decision-contact/

Generally speaking, and with the caution that I only see one page of the decision, if that is a 2017 decision, and the Board is relying on a 2004 Exam to deny the claim, I have some concerns.  

Also, the Board is supposed to consider lay evidence, as you mention, but they don't have to mention every piece of it - that said, the Board commonly ignores any reference to such evidence at all, and that could be a remandable/reversible error, depending on how the rest of the decision reads.  How a court appeal would turn out largely depends on what is (and is not) in the rest of the decision.

I have been doing this since 2007, and I cannot recall seeing but 1 or 2 BVA decisions changed on reconsideration. Not saying it doesn't happen, but I've seen glaring factual errors (wrong vet's medical records referenced in decision) and the Board still won't reconsider. 

Regards,

Chris Attig

www.attigsteel.com

Edited March 7, 2017 by VetlawUS
wrong user name (need coffee)

[Buck52]

Thank you Chris for coming here and helping this Veteran...much appreciation from hadit!

[Berta]

We have had a few reconsideration requests here awarded at the RO level, Chris .....

but that does not stop the NOD clock,if they do not act on the request.

It is why one of my CUE claims took 6  years to be awarded.....at the RO level...Nehmer VARO ,not the AOJ.

I filed for Recon request and that just allowed them to respond (with a reg they made up) and try to piss away my NOD deadline.

Thank you for chiming in here Chris- what you stated is so true.....there are many reversible errors that should not find their way to the BVA, but I hope this vet will contact you ASAP.

I saw one today here...the C & P doctor made errors in the veteran's time in Iraq.That could be critical if it is not corrected now....as to the stressor he gave.

Chris Attig is a superb vet lawyer. Please contact him.

[VetlawUS]

Buck,

Happy to weigh in.  Wish I had more time to post here more frequently.

That said, my firm is happy to review any BVA decisions as long as you are within the appeal window (120 days).  We don't charge anything for that (and we don't charge the Veteran for court work...if we win at the Court, we ask the Court to order the VA to pay us out of their pocket, not the Vet's).  

If you submit through the website, I have an alert system set up for our staff to prioritize the review, and we typically have an answer/decision on Court cases in 24-48 biz hours once we get a copy of the BVA decision: 

http://www.attigsteel.com/bva-decision-contact/

We do take admin appeals of Rating Decisions (DRO, e.g.), but take our time considering and evaluating them, and are taking fewer of those cases.  This is because we are working really hard to find cases that can change the law for a lot of Veterans, especially cases that implicate constitutional violations we think the courts need to set standards for.  

[VetlawUS]

Berta....good to "see" you again! Hope you've been well.

Are those Reconsiderations after the Rating Decision at the  DRO level, or Reconsiderations by a Board judge?