2018, Got my Docket #

[Oceanbound]

Will post my appeal journey in this thread. Here starts the road to victory. 

Sept 2017 - hired GloverLuck since I HADIT with getting denied by the VA with the injuries I have documented in my file. I was homeless, lost my marriage, and 15 years of my life.

April 2018 - Got my Docket #.

Hopefully it does not take 5 years, but I expect it for the traditional route, and not RAMP.

[Oceanbound]

Got the letter, DENIED

Typical copy and paste

The preponderance of the evidence is not evenly balanced that we may resolve reasonable doubt in your favor; therefore, service connection for claim remains denied. (mainly for the fact that this RO, the worst one in the nation, doesn't want to just write you a 6 figure cheque for 15 years of blatant denies  

We have denied your claim for SC for this issue on a direct basis because (that's what we do, LOL) the evidence (from Dr. Anaise who by the way is a Surgeon doesn't matter because he is not a C&P physician assistant flunky) does not support your current condition is related to injury incurred during active duty (specified under 38 CFR 3.303)

In addition we can't believe you spent $$ to get a real IMO from a specialist, denied.

Will post the letter as soon as I get it scanned.

edit - yes GOING TO THE BVA with hardship.

Edited October 16, 2018 by Oceanbound

[11cvolley]

20 minutes ago, Oceanbound said:

Got the letter, DENIED

Typical copy and paste

The preponderance of the evidence is not evenly balanced that we may resolve reasonable doubt in your favor; therefore, service connection for claim remains denied. (mainly for the fact that this RO, the worst one in the nation, doesn't want to just write you a 6 figure cheque for 15 years of blatant denies  

We have denied your claim for SC for this issue on a direct basis because (that's what we do, LOL) the evidence (from Dr. Anaise who by the way is a Surgeon doesn't matter because he is not a C&P physician assistant flunky) does not support your current condition is related to injury incurred during active duty (specified under 38 CFR 3.303)

In addition we can't believe you spent $$ to get a real IMO from a specialist, denied.

Will post the letter as soon as I get it scanned.

edit - yes GOING TO THE BVA with hardship.

Sounds like how they initially denied by claim for right knee injury. The reason for denying my right knee was I got the surgery after getting a new job. (Needed insurance to cover the surgery.) So they tried to say the job I got right after leaving the Army was the reason my knee was messed up. 

[Oceanbound]

They stacked the deck against me. What is the CFR law that says they can't do this but they are doing it intentional, not the  4.3 Resolution of reasonable doubt.? 

The first C&P exam was a physican assistant that use to work for my MD who resigned the day after hearing Trump won the election. And acourse she denied me saying that it wasn't caused from a SC issue. So then I had to wait until I got funds for the IMO from Dr. Anaise the specialist, and the 2nd C&P examiner basically did a timeline of all the poisons they feed me and said it wasn't from that but agreed with the physician assistant who never read my c-file or even knew I was in the military stated that it was congenital. 

Really. So the entrance exam MD would have found it. The MD for the overseas duty exam would have found it if I had it since birth. It was only discovered until I bleed out in 2015 and thought I finally meeting up with the Grim Reaper.  

So now I have to get a second IMO from a specialist who is very much like Dr. Anaise to counter this BS, which made me think of my grandfather's brass weight scale. 

 

That said can I put and add 38 CFR laws and rulings in the private DBQ + examined from my private Specialist for two years and his Opinion for the other claim that got denied?  I'm going to have twice the pages of that 4 page DBQ has with CFRs so they will SUFFOCATE at the RO level. Twice? No...it SHALL be a minimal of three times -- 12 pages. Currently been working on those dozen pages! Going to have them get hit with a Mike Tyson TKO. And send a certified copy of it to the main office, Office of General Counsel (OGC), that Berta always brings up. 

[Berta]

"And send a certified copy of it to the main office, Office of General Counsel (OGC), that Berta always brings up"

I dont see what you mean- as to the General Counsel.

I had a FTCA issue with the GC, and that was the only reason why I contacted them regarding a specific claim issue I had.

( plus I filed a complaint against my last vet rep org years ago-with the OGC)

If we can see the denial maybe we can help more-

cover your C file # ,name, address prior to scanning and attaching it here.

What I see so far is one IMO for the claim and 2 C & Ps against the claim.

 "with the physician assistant who never read my c-file or even knew I was in the military stated that it was congenital. "  That is a very speculative statement-

I think you will need a stronger IMO to refer to in the IMO/IME and knock down both of these C & P exams.

I had 3 IMOs when I got to the BVA. VA had 2 VA opinions against the claim. I asked BVA for a remand because my VCAA rights had been violated.

BVA agreed my rights were violated but order on remand a Cardio opinion.

I knocked down the 3rd VA opinion myself and sent my rebuttal to the BVA- I didnt get a Cardio-I got a PA, and I knew more about cardiology than he did.

BVA agreed- my 3 IMOs outweighed the 3 VA opinions.They said the VCAA violation was moot because they awarded.

(Thinking maybe BVA would not acept my rebuttal, I also ordered a real Cardio IMO but the award came from the BVA before the IMO cardio doc even did the opinion.I had paid for it already and knew it would support my claim.)

This is how Relative Equipoise works.

But -without seeing the decision, in VA's own words and their Evidence List-I am just guessing here on an additional IMO.

 

 

 

 

 

Edited October 30, 2018 by Berta
added more

[Unique11128]

Ocean bound

 

How is claim going? I hope all is good!

Unique11128 

 

[Oceanbound]

It is very disgusting, the idiot that was doing my annual physical was fighting with me because I knew more than her and wasn't taking her crap. Sorry not sorry you just graduated from nurse practitioner school and only got this job to pay for your over price no name joke school. 

So she can not get her ten cent bonus lying in my med file. She still lied but it is on record and I filed a complaint to the Sec of VA. Ombudsmen are a joke--which I told them in writing: I do not need you at all and instead filing my own to the Sec VA. I have high standards, up yours.

So on Jan 4th I saw retro coming. Was pleased with the small amount. Got it three days later, which was way before the Big brown envelope (it's actually white now) to see what was approved, that came on the 12th. Will be using it for the IMO that I was waiting on obtaining. The actually RO meeting with my attorney was months ago and the decisions finally came.

Across the board the clown at the RO denied me on everything. No surprise! Pretty much said that I was never in the service, these injuries were from birth or afterward military service. So every idiot from QTC was in cahoots with the VA. Shaking my head, I'm at the worst RO in the country--yes the one with the death waiting list. 

This now allows me to see another local board certified physician. Who isn't a bottom of the barrel quack, since I can not even get proper care at the VA hospital/my VA pcp. I'm very much done with them.

The outcome was denied and delayed because I'm not dead yet. (The three D's) They even denied my presumptive. The one they approved was one I never sought, this was done only to shut me up, be happy and go away to never return. 

So now my attorney and I are headed to the BVA. This spring, I'm going to take a trip to Oklahoma, and see the good doctor Ellis.