Question For Berta Or Anyone

[chief 313]

berta, if the dro applys title 38 sec 1154 to my case as my lawyers presentation why would they seek more c and p exams anyones thoughts? best regards chief 313

[Berta]

What are these C & Ps actually for?

PTSD?

Your lawyer raised an excellent issue but still the VA will probaby want you to have the whole C & P for PTSD.

Then again I wonder if the VA even knows this regulation was cited-

Do you have any proof that they did receive her input with 38 USC 1154?

I hope many combat vets cite this reg (38 CFR 3.304) as it can help them considerably if they cannot prove a specific combat stressor. To invoke this reg a veteran should be detailed as to time and place ,the op the unit was involved in, and offer anything at all such as a morning report if possible, Wall tracings or printout ,or a buddy statement if they can. However this reg should- in my opinion- stand alone in order to support a combat veteran's testimony of a inservice event that is consistent with their MOS and placement at time of event.

For example-say a medic states that under fire he could not recall names of men he felt might die before getting to a MASH unit and this medic has no means to support this as a stressor. Although his entries might be in these veterans SMRs still he never even asked many who they were-and he details one of the major combat ops that he supported as a medic.He is diagnosed with depression and anxiety due to a feeling of helplessness, trauma and intrusive thoughts over dealing with injured and dying veterans on the battlefiled.

This vet should invoke 38 USC 1154 -better yet the VA should not even question his statement-

from 38 USC 1154:

7.03 DISABILITIES RELATED TO COMBAT

a. General. Title 38 CFR 3.304(d) states that satisfactory lay or other evidence that an injury or disease was incurred or aggravated in combat will be accepted as sufficient proof of service connection if the evidence is consistent with the circumstances, conditions or hardships of such service even though there is no official record of such incurrence or aggravation. This regulation is derived from 38 U.S.C. 1154(, and lightens the evidentiary burden with respect to disabilities alleged to be the result of combat service.

[Guest rickb54]

Interesting I didn't think you could use a lawyer at the DRO Level of appeal..

As far as I know the only thing a DRO cnnnot do is issue a rating that is less that what was already issued. The reason for more C&P exams could stem from an inadaquate exam, or perhaps a claimed condition that has not been verified medically. It would be hard to say exactly why they ordered more C&P exsms in yur case...

for example a veteran received 20% for a claim the DRO can not lower the rating to 10% it must remain at 20% or be raised...

[Berta]

I thought this was a CAVC remand back to BVA to VARO etc---

Chief will clarify I am sure----

[Vike17]

If a veteran was in involed in combat operations, then he/she should have some sort of combat award i.e. CIB, Purple Heart, Combat action Ribbon ect... I don't know th exact wording of USC 1154, but doesn't the VA concede the stressor if a veteran has one of the combat awards. Therefore, eliminating the need for the stressor to be verified because then VA would take the veterans own testimony had adaquate proof.

Have I missed something here, or am I thinknig of something totally unrelated?

Vike 17

[chief 313]

dear berta, i am service connected for 30% for mdd and ptsd. also 30% for vertigo and hearing lost. applied for increase to 70% for mdd anxiety disorder and iu. my pcp doctor says i am employable and md mental heath md says same. go to va counseling every week and private phd every other week. also recieved ss in oct 06 for mdd. also iu in send ss award letter to va in nov 06 still waiting for am answer. the dro hearing was for a accident in vung tau vietnam, ankel, knee and back injury. went to 86th med detchment at airfield. lost records are not in my c file. was drafted with back pain, knee pain, tends to nervenous (anxiety disorder) its on my induction physical . my lawyer put all information together and all prevaling laws for the hearing. was repsented by texas veterans commision. the testimony was for this accident. if denied will to to bva. also have mornting report from my company showing non-duty status and a buddy statement of taking enemy fire just missed taking hit and to my anxiety disorder. best regards chief 313.

[Berta]

Chief - I am confused here -those docs said you were employable?

I though the private doc said you unemployable----

30 % for MDD and PTSD-how did they rate the vertigo as separate from the hearing loss?

You hearing loss might be a lot worse than it was at time of that last rating-

We are confused because -we dont understand how you have a lawyer representing you-

was this originally a CAVC case?

"my lawyer put all information together and all prevaling laws for the hearing. was repsented by texas veterans commision." How can the lawyer and the Texas Commission on Vets both hold your POA at the same time?