Remanded Appeal

[SOMVET]

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? 

[vetquest]

Some of us feel like we have jumped through all of the hoops.  I won at the BVA after a second remand.  It is frustrating when the judge calls out the rater for not reviewing all evidence provided.  During these remands the RO works a glaciered speed, when they are told to expedite the claim on the remand.  My C&P's were preformed by the same doctors that performed the original.  The doctor defended his position from the previous C&P and accused me of being a malingerer.  The BVA claimed he had made an opinion that was not his to make.  After my second remand the lawyer threated a writ of mandamus and my case immediately went active and was completed within months.  

[SOMVET]

7 hours ago, Berta said:

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?

 

What amazes me is the VA will deny SC even when the evidence is in the service records.  In addition to my service records I sent copies of my knee surgeon, neck surgeon and chiropractor evaluations with x rays.  I don't know what more is needed prior to my DBQ next week

[SOMVET]

19 hours ago, 63Charlie said:

Yeeessss.

Shady stuff going on with veterans compensation.

Hire a lawyer if you don’t have one

Will hiring an attorney really help?  I have no idea what they charge or if they take a percentage of the award,  which I would be reluctant to give up.

[Oceanbound]

My IMEO (you can read the current in the IMO section) found out that the C&P physician stated I had all gulf war presumptives that occured in service since I was the only one that actually went to the my NAS clinic or flight surgeon right after the deployment numerous times, and the Rater denied it. I moved on with life because at the time I wanted life and wasn't going to wait. There was times that I google my problems and found snippets on this and the other site in the mid 2000s but I was so broken down.

The only person at almost the same time discharge time as me, obtain 100% with no appeals was Jessica Lynch

[SOMVET]

10 minutes ago, Oceanbound said:

My IMEO (you can read the current in the IMO section) found out that the C&P physician stated I had all gulf war presumptives that occured in service since I was the only one that actually went to the my NAS clinic or flight surgeon right after the deployment numerous times, and the Rater denied it. I moved on with life because at the time I wanted life and wasn't going to wait. There was times that I google my problems and found snippets on this and the other site in the mid 2000s but I was so broken down.

The only person at almost the same time discharge time as me, obtain 100% with no appeals was Jessica Lynch

That may be the route I go if this DBQ does not bear fruit 

[Oceanbound]

1 hour ago, SOMVET said:

Will hiring an attorney really help?  I have no idea what they charge or if they take a percentage of the award,  which I would be reluctant to give up.

Do you have your c-file? That is the first most important step to take before asking or answering anything further. Your c-file is like the book report you turned in blank and know nothing about it. So have can you present yourself to VA attorneys before lawyering up and having them take you on as a client? 

Order your c-file and after obtaining it categorize it in a spread sheet becauss its not in order, so you then have to go through it page by page numbering them 

Learn the 38 CFRs