Was Remand Followed?

[elcamino_77us]

Good Evening,

I've been absent for awhile, but I finally had my BVA Hearing back in December and was told it would take roughly a year to complete.

My original post is here:

From what I can gather, they're telling me that I need to file a CUE for some of my Claims. For other parts, they are being remanded. 

I will post the Decision here tomorrow.

I'm attaching copies of my current Notes on my case along with:

   Left Knee outline

   Back outline

   2006 C&P Exam

I copied my 2005 BVA Remand into my Notes. I can't see where the Remand Instructions where followed in my 2006 C&P Exam.

I've adding the Outlines so you can see that pertinent SMR's as well as IMO's were ignored.

 

Berta - As you've advised me concerning this in the past, I know I have grounds for CUE. However, I don't want to leave anything out. And ensure I have an Air-Tight Case.

BTW, You're still schooling me in your other Post as I've learned a lot concerning CUE's.

Billy

 

 

 

20060403 VA C&P Exam Results-Spine & Left Knee - Redacted.docx Left Knee Outline.doc Back Outline.doc 2008 BVA Decision Errors.docx

[Berta]

"By failing to follow the Previous BVA's Remand Instructions would be grounds for CUE"

I would say they "were " grounds for CUE at the time.

But possibly the hearing you had in December raised those issues....

 

Broncevet what I mean is this

"However a strong CUE can garner Benefit of Doubt to kick in"

When I filed CUE the day after I got a bogus denial, that claim was awarded 3 weeks later under my 38 CFR 4.6 CUE

and the Director by phone apologized to me that they had not rendered a Benefit of the Doubt award the month before.

They had listed my sole piece of evidence but failed to consider it -causing the denial. I think the director only called to apologise because my evidence came from the top cardiologist at VA Central office. Maybe I filed an IRIS complaint as well.

I didn't need Benefit of Doubt- I try to provide evidence for every claim I ever had by reaching higher than the Relative Equipoise standard.

I am totally confused by El Camino's issues here-

I don't understand the BVA hearing of last year. ....because the only recent BVA case I found is the 2008 decision.

Much must have happened between the last BVA decision I found (2008) and the newer BVA hearing.

I think others are as confused as I am.

 

[elcamino_77us]

Berta,

MY VSO didn't really do anything except make a Mess of my Claims.

Update:

Through a CUE Claim, I was able to get an EED for my Tinnitus to Day after discharge.

My Left Knee is SC at 10%. I appealed that it should be 20% and got a Remand as the Examiner, her words or close to them,  didn't care where My Pain started cause she was going to get my Full Range of Motion, and she didn't even use a Goniometer.

My Right Knee was previously SC'd. On 30 Jan 2018, TKR 30% plus 20%  for Scars. I had to fight for that. At first the VA didn't want to SC the TKR and Scar, but someone with some Brains reviewed it and approved it at the RO even though I had already filed an Appeal to the BVA.  

Total 70%

 

Billy

[Berta]

That is great on the tinnitus CUE. Maybe the hearing comes from appealing the Jan 2018 decision????

And as you said Someone with brains handled the TKR claim.

This is why CUEs have to be as simple as possible. I see stuff here, and even at the BVA, taken from RO decisions, and also from my past RO experiences, and I believe some of these raters can hardly read.

We claimants are the best vet reps we will ever have. I had 2 useless POAs.They get paid whether they do a good job or whether they dont. They cant read either.

 

 

[elcamino_77us]

6 minutes ago, Berta said:

I am totally confused by El Camino's issues here-

I don't understand the BVA hearing of last year. ....because the only recent BVA case I found is the 2008 decision.

Much must have happened between the last BVA decision I found (2008) and the newer BVA hearing.

I think others are as confused as I am.

I've had BVA Decisions  in 2003, 2005, 2008 & 2018.

 

My 2005 BVA is what I'm Quoting.

2003 BVA Decision http://www.va.gov/vetapp03/Files/0321406.txt

2005 BVA Decision https://www.va.gov/vetapp05/Files5/0530230.txt

 

What I'm trying to find out is wither or not my 2006 C&P Exam followed the 2005 BVA Remand concerning Deluca.

[elcamino_77us]

7 minutes ago, Berta said:

That is great on the tinnitus CUE. Maybe the hearing comes from appealing the Jan 2018 decision????

The Atlanta RO fixed it in a Two-Part Claim between 2015 & 2016.

There was a Decision sent out/Shredded as I never received it which also contains a CUE on my Back.

The Atlanta VARO got caught Shredding peoples paperwork, including some of my as they had closed my claim claiming I didn't reply when I had sent it Cert Mail. They had to reopen my Claim.

[vetquest]

24 minutes ago, elcamino_77us said:

The Atlanta VARO got caught Shredding peoples paperwork, including some of my as they had closed my claim claiming I didn't reply when I had sent it Cert Mail. They had to reopen my Claim.

The old missing records trick.  Once the VA said I had never been to their hospital for treatment.  I got a letter from the assistant secretary of the VA saying there was no record of me there. 

It is all in my c-file.