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Awaiting BVA decision


capitan
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I might have posted a similar question before. But nobody has answered me, so due to the gravity of the issue, I'm asking again. After 6 years, I finally had a BVA hearing about a month ago at the Columbia, SC RO. My American Legion rep there agreed it went well and it looks like the female judge will be granting service connection for Stage 4 agent orange caused tongue cancer. The hearing was a disappointment. The rep I thought would be there had been called away on emergency, and passed the ball to a guy who didn't seem to know much about my case. And when we got before the judge, he wasn't much help, so I had to speak for myself. Fortunately, I had some notes, and I had previously submitted a detailed letter addressed to the BVA judge. There she was in her robe on a tiny screen on a teleprompter. The sound wasn't very good, so I had to ask them to turn it up. She was short and to the point. At least her point. I asked her if she had read my letter. Her answer wasn't clear, but I took it either she would, or have her assistant read it. I communicated the main points of the letter, mainly than I had submitted the 3 elements of service connection. And that I had some serious residuals for which I was also asking for. Service connection, plus residuals, which another judge granted in a citation of a cancer case identical to mine. Like I say, she was not very talkative. But she was nice, and listened to me. She asked if I was diagnosed 6 years ago. I answered no, eight. Then she asked me if I was 75. When I answered yes, she told the rep she would "speed it up", and indicated she was in agreement to granting me service connection. Though she never actually said as such. As the rep and I left, we both agreed we thought it went well. Then he told me I would have to wait another 5 or 6 months to know for sure. So I left feeling good and bad. I wrote Senator Graham a letter telling him that after waiting 6 long years, now they want me to wait another half a year. I told him my situation worsens as time passes. I also told him I've very disappointed and discouraged about how the VA treats it's hero veterans. He wrote me back and told me he was contacting the appropriate people. Whatever that means. I am 60%. PTSD and hearing. I asked in the letter for 100% because that is what I need for the VA Dental and MUSC hyperbaric treatment and surgery issues. If I had thought to say something else to the judge, it would have been,  "Some vets say the VA is just waiting  for old claimants, like myself,  to either give up, or die. And they don't care which. Let's prove them wrong!"  All constructive comments welcome and needed. Semper Fi!

 

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Im sorry, but I dont understand what your question is?  

It sounds like you were not happy with the hearing.  Relax.  Its not but maybe 20 percent about "what you say", and at least 80 percent about "what the evidence supports.  

Now, there are at least "3" methods of Service connection:

1.  "Direct", which means you have a diagnosis, in service event, and nexus.

2.  Presumptive, which would mean you have been diagnosed with a disorder on the "presumptive" list, and you qualify based on your time/place of military service for presumptive SC.  This mostly means "in country" Vietnam as far as exposure to agent orange, but there are exceptions if you did not serve in Vietnam.

3.  Secondary SC, which mostly means your doctor said your (diagnosis) was at least as likely as not related to an already sc condition.  

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I guess it is more of a comment and vent than a question. Mine is number 1. I made it clear to the judge I had met those three elements of service connection. Guess it's just a waiting game. I like your suggestion to relax. I needed that.

 

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