HLR denial letter 5th time. Should I just let it go??

[doc25]

At this point, I've become another statistic of the VA hamster wheel for a claim appeal that has merit for acquired pes planus. This has gone on for far too long and I'm pretty much done with it. I'm not one to give up, but I learned a long time ago to pick my battles. 

I am 100% scheduler with an FCE looming around February 2021 for PTSD and Depression. If I get reduced afterwards, I might revisit the flat foot appeal with new and relevant evidence that I have. I have until Aug 13 2021 to appeal. 

[63Charlie]

 

If you have the evidence to back up a grant, why not go for it?

Sometimes fair decisions will only come once you move to the higher appellate level(BVA).

Nothing worth fighting for comes easy with the VA.

The severity of symptoms of your acquired pes planus determines your disability rating hence the monetary value of the above.

Severe pes planus can limit your ability to take care of yourself, cause secondary conditions, and possibly qualify you for SMC.

Don't give up.

Edited August 24, 2020 by 63Charlie

[broncovet]

Dont give up.  They win if you do.  Here is what to do instead:

1.  Get help.  If you have a VSO, upgrade him to either a "better VSO" or an attorney.

2.  File, next time, with the BVA.  

3.  "upgrade" your skills.  If you dont know whether or not you have all 3 Caluza elements, then upgrade them so that you DO know whether or not you have the Caluza elements.  

4.  Ask hadit for help.  Post specifics, such as your "reasons and bases for denial" from the denial decisions, so that we may be able to identify "why" it was denied, you can correct it and win.  

5.  Try the white house hotline. 

6.  Use any or all of the above.  

[doc25]

1 minute ago, broncovet said:

Dont give up.  They win if you do.  Here is what to do instead:

1.  Get help.  If you have a VSO, upgrade him to either a "better VSO" or an attorney.

2.  File, next time, with the BVA.  

3.  "upgrade" your skills.  If you dont know whether or not you have all 3 Caluza elements, then upgrade them so that you DO know whether or not you have the Caluza elements.  

4.  Ask hadit for help.  Post specifics, such as your "reasons and bases for denial" from the denial decisions, so that we may be able to identify "why" it was denied, you can correct it and win.  

5.  Try the white house hotline. 

6.  Use any or all of the above.  

I have done all you have suggested. The themed rationale is "congenital or pre-existed service" since 2007.

My entrance medical exam refutes that rationale.

The VBA has obtusely ignored the presumption of soundness that applies to the claim.

By not finding clear and unmistakable evidence that congenital flat feet pre-existed service.

The burden falls on the government to find such evidence. (An unfavorable nexus based on mere speculation in 2007 is the end all apparently. Then another in 2016 that clearly shows the examiner contradicts himself with stating "at least as likely as not" the veterans claimed condition is related to military service, but in his rationale the examiner merely agrees with the 2007 examiner about congenital flat feet.)

Even if the presumption of soundness was rebutted with clear and unmistakable evidence;the second prong is rebutting aggravation of a pre-existing  condition with clear and unmistakable evidence that the pre-existing condition was NOT aggravated by military service.

 

[pacmanx1]

I will try to make a long story short. Have you really tried everything? Sometimes a veteran would/will have to get an attorney and take his/her claim to CAVC. I say this because the VARO denied my claim several times, I then filed an appeal and my claim went to BVA and they remanded it. The local VARO denied my claim again and sent it back to BVA and the judge denied my claim. I fired my VSO and got an attorney and my claim went to CAVC. CAVC remanded my claim and this time BVA granted it. The local VARO not only processed my claim they also granted me a CUE decision and then the BVA granted me an un adjudicated decision that took my effective date back even further. So some of us has really been in the been there done that with VA and still got our service connection. 

[Buck52]

 I would ask for a BVA HEARING BY A JUDGE.

 vets in the ques I heard through the grapevine  the travel board is suppose to start send out letters for veterans to opt in to the virtual hearings, if your schedule for a hearing date and was cancel or you ain't heard anything due to covid-19   they are going to do these hearings  by virtual  hearings.

If a Veteran is scheduled a hearing at his R.O....And has been waiting ..he may receive a letter from the travel board  letting him know he can opt to the virtual  hearing.

I believe this in in the works?

[Fat]

DON'T GIVE UP...........

Preserve your effective date by continuing your appeal.

I would visit a podiatrist or foot surgeon for expert opinion.

Scrutinize the decision letter denying the service connect.

The BVA is a definite possibility.

The Regional Offices are good; however often the original decision is just rubber stamped if the supervisor doesn't pull the claim apart and reaffirm what was done to educate the worker on what was right or wrong with their decision.