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Veterans Law Judge no longer works for VA and my appeal

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Treymon

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I entered a claim in April of 2009 for secondary service connection, claim to my lower back. As a result of my appeal, I got a letter stating that the Original Veterans Law Judge is no longer with the VA and that according to USC 7107(c); 38 CFR, 20.707 my case has been reassigned to a new Veterans Law Judge. They say that they have a transcript of the original hearing and can make a decision based on this transcript. I asked my Vets Advocate, VFW, to assist me in this matter. The original hearing was looking for service connection in my service record. There was only one entry in my Service sick call record that was  accordingly un-readable. My claim was refused. I've had the lower back fusion after 8 knee surgeries (service connected) and my neurosurgeons said that my back was condition was due to my compensatory gait from my knee surgeries. My question is: The original hearing was for service connection from my back and not secondary service connected from my knee. I've been unable to find the shipmate who saw me carry the 250 lb. radar motor up the mast for replacement and then went to sick call for my back injury. The VBA is asking me to choose as to whether I want them to go ahead and make a decision based on transcript, (which is for service connection and not secondary service connection) or if I should request another hearing or teleconference video. The VBA states that this will take a whole lot longer to wait. My Vet Advo, the VFW stated, that they could not find out what was in the transcript because the VBA would not give them a copy of the transcript. All they said was that appeal was not for secondarily connected service issues and that the only way to get the transcript was to  file an entirely new claim? I'm confused. Any advice out there would be appreciated. (The VFW doe snot know what evidence I have submitted for this claim.) Thanks

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Make it easy on us, how about posting redacted copies of your RO Award and Denial Letters as well as redacted copies of your BVA Awards, Remands and Awards or Denials.

Forget about using paragraphs, in long posts how about a dbl space every 5 or so sentences. Makes it easier on the eyes.      Semper Fi

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If this BS continues maybe you should consider getting a real lawyer to represent you.  According to what you said you made a claim for lower back injury back in 1990 but you were denied then.  Now it appears the BVA grants SC for that injury.  Did you file an appeal on the original back injury denial?  I am just wondering what your effective date on the back should be and of course your rating percentage itself.  You said you filed within a year of discharge.  It seems to me that  if there was evidence at the time that you had a back injury then you should have been service connected then.  Now 27 years later the BVA finally SC's you for the very injury you claimed in 1990.  This kind of thing happens all the time especially when you go back in time before internet and before some changes in VA law.  You know before 1990's  the VA did not even have to list the evidence they used to decide your claim, so it was impossible to know if the VA considered or did not consider all your evidence such as IMO's, buddy statements or even your complete SMR's.

I think you are fortunate to even get them to grant SC now, but you should fight for earliest effective date possible since that means money.  Since you have had extensive back surgeries the level of your disability should not be left up entirely to VA quacks.  I would hire my own doctor to write a report to indicate the actual level of your current disability.  Also, since severe back injuries are often association with secondary depression I would see a VA shrink and consider another secondary claim.  My back hurts and it depresses the hell out of me and mine in nowhere as bad as yours.  I had TMJ during my Army time and was examined for it during active duty.   The army doctor faked the reason for the exam and this is why years later when I got all my medical records and filed a claim I lost.  You must have all your SMR's.

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I retained an attorney to get SS disability. Then the Attny's said that they did VA work as well. I was awarded SS disability right at the time the fee increased. It was within in thirty days. I told the attorney that they should refund me the difference, which they refused. I got into an argument with the attorney firm and told them that we had agreed on a different amount and that they should do the right thing and give me the difference back. The SS law judge said that since the initial filing was prior to the pay increase and that the attorney firm should reimburse me but that it would be a civil suit if they did not. They didn't and told me I had to sue Social Security.?!!!

I then got another Veterans Advocate, the VFW, and dismissed the attorney firm. I sent a letter to the BVA about his change. The Attorney firm then went to the BVA and had all of the claims that I had submitted prior to having them represent me and also all of the claims that they had put together removed from the docket. I had to get help from the VFW to reinstate all off these things. The attorney firm tried to get 50% my PTSD rating back pay award and the DAV intercepted this error and stopped it. (the DAV was who represented me during my initial filings back in the month after I got our of the service.) 

When I tried to get a copy of my c-file, I was told by the BVA that the attny firm already got the only copy that I was entitled to and that I should go to them to get it back. The attny firm said that they no longer had any of my records and that they mailed them to my last known address. I became homeless due to a heart problem and began living with my daughter for a short time. I was going through Voc Rehab at the time and was dismissed from that program for having heart problems and being too disabled.

I am actually getting another heart surgery tomorrow. Stents and an aorta test. So when I get back on my feet I will get all of this together.

Thanks for your help.

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