CAVC Remand

[Dave Jones]

Here's a good one!  In 2007 after just entering VA's medical systm I was diagnosed with diabetes 2 mellitus resulting from my exposure to agent orange in Vietnam.  Keep in mind I was a newby to this system and filed a claim on the advice of my dr.  Immediately, I received a letter from my R.O. stating that they disagreed with the dr's diagnosis there by denying my claim and stating they could see no evidence of my exposure to AO during my tour in Vietnam.  Being a newby I wasn't concerned about safe guarding letters and communications from VA so through the years I lost their letter rejecting my claim.  I didn't appeal because I was of the opinion you cannot fight city hall. Also I was not aware at the time that Sec. Gober declared that all diabetes 2 claims resulting from exposure to herbicides in Vietnam would be accepted by VA,  this was five years before I filed my claim in 2007. Fast forward to 2016 when I filed again after I was informed that I would no longer be required to pay for prescriptions that I received as a result to exposure to AO.  Naturally I said " WHAT THE----" and filed another claim and was accepted by the RO and given an effective date and a disability rating.  This occurred May 16 and payments were to start on the first of June.  I filed an NOD and told them that my effective date should be Aug. 2007 when I first filed.  They denied that earlier effective date stating they had no record of my filing a claim or a letter denying a claim.  I am presently trying to find that one case that I can use to get the review board at BVA to review my case and render a judgement in my favor.

[GBArmy]

Dave You need your C-File. Get a VSO that has access to VBMS and they can look (and provide) a copy of all your records. This is a great example of what I tell veterans all the time. Always, always make a copy of what you send and what you receive from the VA. Sure, now that everything is digital, it SHOULD be right there in plain sight. But, somehow, it gets "lost" anyway. With old guys like us with only paper files, it is even worse.And, of course, never send the original copy you have: make a cpoy to send in. I'm betting there is evidence in you C-file that will show what happened and that is where you have to start. 

[Dot09]

Bronco

Do you have any updates on your claim for a new eed? 

[broncovet]

Yes, dot, I "won" the remand, after taking my attorney's advice which was "get an IMO" from a voc rehab specialist, and submit that IMO to the BVA.  

I actually "won" twice:

1.  I won my backpay.  

2.  My attorney only represented me at the cavc, so eaja paid all my attorney fees, and I paid 0, because I represented  my self at the board remand.  This attorney "does not represent" Veterans at the BVA but limits his practice to the CAVC.  There is a reason for this:  

CAVC decisions are usually complete in 6 months, while it takes around 4 to 5 years or more for an average BVA appeal.  If you had a choice of getting paid in 6 months or waiting 5 years, which would you do?  

    All in all, it took Va 17 years to fully complete my claim and appeals.  Victory is often sweeter when you have to work harder or longer to get it. 

    I do have some minor issues I have been procrastining on, such as dependents, and an effective date of smc s.  I am getting tired of dealing with va, however, after 17 years, and may just let those issues rest.  

[namvet6567]

Don't let the VA win!!!!!!  It's your money!!  I almost gave up after 30+ years of appeals and finally won retro to the actual claim date, on an SMC-S award.  Chris Attig wouldn't take my case but another atty did and won another remand at the court.  They of course were paid thru the EAJA.  The BVA judge on this remand finally reviewed my "complete" c-file and awarded my claim.  BVA judge's name was Alex Humphrey/Humphries(not sure which) but I often wonder if he/she was the child of the Alex who used to help vets, here at Hadit.  Please don't give up!!!

[Dot09]

Bronco 

Congratulations on the win. I’m sure with a little r&r you will come back later to contest those issues. Grant I also too took a break from claims from 2014 to 2021. I recently applied for sleep apnea, migraine which put me at 100 schedular p/t. I just needed a break for my sanity. I’m currently trying to get a 100 percent for mental health and trying to separate my shoulders from mental health that way I can claim SMC s. Currently my attorney thinks it’s possible for a cue because my imo and dbq were submitted but never reviewed by the tater. The dates are all messed up on when they received them. Anyways I have taken my bow out am allowing my attorney to deal with it as it is too much for me. Currently it is waiting for a VLJ review. My guess is 3 years in time. But I’m in no rush it’s only retro as far as I’m concerned.