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Remanded Appeal

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SOMVET

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My VA appeal for back, knee and neck has been remanded for appeal (third attempt). I now have a DBQ scheduled for the 30th of this month. Since my initial denial for my claims, I have had my C5-C6 fused and had 2 knee surgeries on my right knee. I have 4 other herniated discs in my neck needing attention and  I no longer have, according to my surgeon, any meniscus remaining. He stated that I am bone on bone and have arthritis behind my patella and my next step is to have the knee replaced.  What amazes me is I have it documented in my service records of knee, neck and back pain and  the VA still denies my claim.  Is there anyone out there that has jumped through these hoops? 

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I filed for adult acquired flat foot disorder.

I had a profile in BCT due to overuse injuries caused by running and road marches.

I complained of pain in the area of my posterior tibial tendons and these complaints and medical exams are all in my STRs.

I was issued arch supports in basic but I continued to have the same problem and received medical treatment, as documented in my STRs.

I submitted a nexus letter from my PCP which the RO chose to ignore.

So much for the “ Benefit of the Doubt” VA regulation.

That reg only applies when the VA finds they have no other choice.

That is my intent is to make it very clear I will not tolerate their dishonesty

and will appeal this travesty as long as it takes them to realize I am not going away.

Four years and still haven’t had my day at the BVA.

Edited by 63Charlie
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Most of us have been through it.  I really dont know but ONE Veteran who got their benefits (100 percent) without appealing.  I actually met her.  She had applied for MST, got approved 100 percent in less than 6 months.  No appeals.  I have met Thousands of Vets (online with hadit and other sites, plus those in person) and she is the only one I know of who got 100 percent without appeals.  

The denial rate for first time claimants ranges between 80 and 90 percent, with 85 percent denials the most common consensus number.  

The BVA finds error in about 75 percent of those appeals they adjuticate.  This means either an award or remand.  (Percentages vary with your representative.  Attorney represented Vets win closer to 90 percent, while "county" run VSO's usually fare the worst.)

Should you be so inclined you can find the "average" appeal timeframe, as well as the percentages each VSO gets denied, awarded, or remanded at the BVA level, here:

https://www.bva.va.gov/Chairman_Annual_Rpts.asp

The denial rate, in my opinion is the most significant.  Notice that attorney represented claimants are denied just 13 percent of the time, while most VSO's or Pro Se, get denied about double that.   Interestingly, the worst representation you can have is yourself, with the second worst being WWP, as far as denials at the BVA are concerned (year 2018).  

 

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SOMVET-I am repeating something I poste here elsewhere this AM.

The VA is not going to do a thorough review of your SMRs to seek any nexus.

This is the job for vets themselves to do- the VA might list your SMRs as evidence but most often the vet themselves needs to highlight specific copies of their SMRs to establish a nexus.

I had a local vet about 10-12 years ago who had Vet reps as his POA  and also two lawyers at the CAVC and kept losing his case due to no proven nexus.

I had his complete SMRS from the early 1960s, very difficult to decipher and it took me a lot of time ( time I sure don't have anymore) to prepare a nexus argument and to take it to his non VA doctor- who then prepared an excellent IMO for him, referring directly to the SMRs I found that support his inservice disability, which was never diagnosed properly by the Mil.

He won. What gets me is that his reps ( who asked me to help him while they were messing up my claim)and his lawyers never even read his BVA denial, and that denial held a clue, that helped me prove his inservice nexus.They never eve toughed his SMRs.

The vet could have done that himself -that got me too- and he was very difficult to deal with-probably why his Vet reps didn't want to help him anymore.

Vets have to do this themselves. I assume you did have entries in your SMRs and that those conditions have been  continuous since service, and that VA can find no other cause or etiology for your current condition.

Is there anything in the remand that you can do , instead of waiting for VA to do it?

 

Edited by Berta
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I just wish I knew back in the old days what I know now..I bet things would have turn out different.

If all veterans educate them self and request their C-file Prior filing...I bet the out come is in his/her favor.'

Like Ms T Says  Knowledge Is Power

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