Argument Letter Sent

[Hucast21]

My attorney sent an argument letter in lieu of a hearing, and I couldn’t be any happier.

The argument letter starts with a medical history (chronological order) of complaints and treatment of my conditions from in-service documentation as well as current VA records.

Then the argument letter highlights the well-reasoned analysis of an IME by a board-certified specialist, in which it contradicts the C&P examiner’s rationale and gives a nexus in VA verbiage.

I am very impressed of the contents of the argument as it also cites past CAVC cases when arguing for service-connection.

Now, it’s just a waiting game. Thank goodness my claim is AOD.

Edited March 18, 2021 by Hucast21

[broncovet]

I dont know who your attorney is, but it sounds like "he did his homework".  Its even apparent in your summary!

 I can see the Caluza elements even in your post:  

1. (Complaints from service) documenting in service event.

2. Current medical history (documenting a current diagnosis)

3. And, the magical IME nexus.  

     This sounds like a BVA decision, not cavc.  My prediction:  You will win.  

My reasons:   When you focus on "what's important" and do the 5 P's (Proper Preparation Prevents Poor Performance), it usually works.  

You document the Caluza elements, you win.  Period.  Read BVA decisions, they often state that "the criteria for SC has been (or has not been) met."  You meet the criteria by documenting Caluza elements.  

I can "smell" that win, over the internet!

Caveat:  Your nexus.  Im assuming this is a great, well reasoned nexus, complete with CV of the doc.  "If" you have a inadequate, or poor nexus, which I did not read, you are cooked.  No winner winner chicken dinner with a bad nexus.  

Edited March 18, 2021 by broncovet

[Hucast21]

42 minutes ago, broncovet said:

I dont know who your attorney is, but it sounds like "he did his homework".  Its even apparent in your summary!

 I can see the Caluza elements even in your post:  

1. (Complaints from service) documenting in service event.

2. Current medical history (documenting a current diagnosis)

3. And, the magical IME nexus.  

     This sounds like a BVA decision, not cavc.  My prediction:  You will win.  

My reasons:   When you focus on "what's important" and do the 5 P's (Proper Preparation Prevents Poor Performance), it usually works.  

You document the Caluza elements, you win.  Period.  Read BVA decisions, they often state that "the criteria for SC has been (or has not been) met."  You meet the criteria by documenting Caluza elements.  

I can "smell" that win, over the internet!

Caveat:  Your nexus.  Im assuming this is a great, well reasoned nexus, complete with CV of the doc.  "If" you have a inadequate, or poor nexus, which I did not read, you are cooked.  No winner winner chicken dinner with a bad nexus.  

My attorney is none other than Mr. Matthew D. Hill himself from Hill & Ponton.

[broncovet]

I think Matthew Hill posted here some time ago.  Yep, his thoroughness is not a surprise considering this law firms good reputation.  

[Hucast21]

1 hour ago, broncovet said:

I think Matthew Hill posted here some time ago.  Yep, his thoroughness is not a surprise considering this law firms good reputation.  

Believe it or not, it was a VSO who told me to get a law firm involved after looking at my denial letter.

He said I had 2/3 Caluza elements, and a law firm would be able to upfront the cost for an IMO/IME if they deem a claim was strong enough.

Sure enough, Hill & Ponton took my claim and provided an IME. I went back to the VSO and told him that I had Hill & Ponton working on my claim. He shook my hand and said “congratulations, you just won your claim” and this was in 2018.

I guess even VSOs know which law firms has a good reputation when it comes to VA disability.

 

Edited March 18, 2021 by Hucast21

[broncovet]

Yep, you are not the only Veteran who lacks both a nexus and the money up front to fix it.  VA docs love to provide missing, inadequate, or even unfavorable nexus statements.  Many times the only way to fix it is with an IMO/IME.  Keep us informed how this comes out.

[Hucast21]

I think I’ve read the argument letter 30 times by now. The hard part in all of this is the waiting. 

I just want this to be over but I know it will only be the beginning once I’m granted service-connected and it goes back to the VARO for rating decision...