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Supplemental Claim


ozzyman81
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Question

Hello,

my initial claim was denied as you would expect. I am sending some new information and had a question. While searching decisions on the BVA I have found several that were nearly identical to mine that were granted. How would I incorporate  this information into my claim? Should I write a letter and somehow cite the decision, or print it off and send it with mine?

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Ozzymzn81 Welcome to Hadit; hope you are successful in your climb up the VA mountain. Good to see you realize the more research you do, the better your chances. When submitting an initial claim is doesn't hurt to include maybe one or two  BVA findings on cases that are similar to yours. But without seeing your details OR the case you refer to, I would suggest the key word here is "similar". Unless the BVA finding was precedent setting, meaning it is basically a new law, the RO does not have to follow the decision. Their rational is every case stands on its own and is different. So, short answer is it is ok to include but it won't do much. It is much more important for you to follow the  "Caluza Triangle". You have a medical diagnosis of your injury or disability; you have service-connected (s-c) records of the injury while in service, and you have a medical opinion from a doc that says they are connected , the reasons why they are, and his or her opinion on probability based on medical research. In your situation, for example, you can't substitute your doc's IMO with a BVA similar case as the 3d leg. You can use it IN ADDITIOn as support. If you need more assistance, post your redacted decision letter with your personal info removed and we can try to assist further.

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On 4/29/2020 at 7:16 PM, ozzyman81 said:

Hello,

my initial claim was denied as you would expect. I am sending some new information and had a question. While searching decisions on the BVA I have found several that were nearly identical to mine that were granted. How would I incorporate  this information into my claim? Should I write a letter and somehow cite the decision, or print it off and send it with mine?

GB Army has some good advise ,I just wanted to add if you were denied yes let us know the reason and bases of your denial.?

  you must file a  (NOD) Notice of Disagreement its timely that you do  1 year from your denial date.

 but what I was going to say  if you read BVA cases where they approved a veterans claim  and it was similar to yours and you were denied....what you should  do is find the criteria for what condition your claiming   and write the critera down   the percent that best fit your condition or symptoms ,Actually this is using there own words against them so that you get your correct rating  and make it harder for them to deny.  especially when the evidence is in your favor.

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Hello,

Thanks for the help. I suppose I should mention that I was a reservist and I was NOT deployed. I was diagnosed with MS and believe my symptoms started in service and got progressively worse until discharge. Here is a snippet of my denial letter. Any advise would be appreciated.

 

"The evidence does not show a disease or injury during your period of active duty for training. Your service treatment and personnel records do not contain any complaints of an injury, treatment, or diagnosis for this disease during your period of active duty for training. (38 CFR3.303, 38 CFR 3.304, 38 CFR 3.1, 38 CFR 3.6, 38 CFR 3.7) 

We received your medical evidence which discusses the symptoms of your medical condition. We acknowledge receipt of your private medical opinion intending to link your current disability to your military service. You submitted lay statements to support your claim. A credible lay statement may establish what was seen, heard, and directly experienced. The evidence was found not to be sufficient in this case to establish an injury or disease occurred during your period of active duty for training. Performing the physical and mental requirements of active duty training(ADT) does not meet the definition of an injury or disease for the purposes of considering claims for service connection based on ADT service. (38 CFR 4.6, 38 CFR 3.1, 38 CFR 3.6, 38 CFR3.303, 38 CFR 3.304)

Service connection for multiple sclerosis remains denied on a direct basis since the evidence fails to establish a disease or injury was incurred during your period of active duty for training in the Air Force Reserves. In addition, since the evidence fails to show a qualifying period of service specified under 38 CFR 3.307, service connection on a presumptive basis must also be denied.(38 CFR 3.1, 38 CFR 3.6, 38 CFR 3.7, 38 CFR 3.303, 38 CFR 3.304, 38 CFR 3.307, 38 CFR3.309) 

Favorable Findings identified in this decision: 
You have been diagnosed with a disability. Private treatment records from *** dated April 25, 2015, diagnosing multiple sclerosis. "

 

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