BVA hearing

[capitan]

My BVA personal hearing is supposed to be coming up soon. I'm feverishly working on a final letter to add to my excellent doctor's nexus letter. Does anybody know what I should include or exclude in the letter as evidence I am trying to present to the Board? I understand the judge has the discretion to grant residuals along with service connection. So should I list all of the residuals, and include there might be more I don't know about? It's for AO tongue cancer from Vietnam. It's been six years since I filed the claim. I don't want a remand, but will that be necessary for C&P exams and rating?

[broncovet]

There are 2 types of evidence:  Lay evidence and medical evidence.  

A nexus requires MEDICAL evidence.  

Lay evidence will suffice for things of a "simple" nature, such as whether or not you snored in service, or whether or not you served in combat in vietnam.  

But lay evidence wont suffice for a nexus.  

So, relax.  The only "letter" you need is a chart of your evidence, especially when/which doc diagnosed you and provided evidence to supprot your claim.  So, focus on your cfile and your favorable evidence..its ok to point out that, for example:

1  Dr. "b" your IMO said it was related to service,

2 Dr. A, in 2009 indicated something similar.  Think in terms of effective dates..when your condtion first started. 

[vetquest]

You might be looking at a remand, sometimes the case is very old when it gets to the BVA and they want a new C&P and a remand is necessary.  Let's hope it does not go that route.

As for the letter, try to take all emotion out of the letter.  Write it as you were writing it for someone else where you do not have a dog in the fight.  I would add all of the residuals that are now known due to the cancer and treatment.  You can present them with the information and they might remand it for more C&P's or award there.