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Argument Letter Sent

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Hucast21

Question

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 by Hucast21
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My issues change today on va.gov

My cases is cavc remand and they add all the issues from the court remand today.

 

I am also with the judge 

I also had to call white house hotline they were hold my case for the 90day evidence period when I put in the waiver.

Also got a call from bva next thing my appeal  change to with a judge.

 

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47 minutes ago, broncovet said:

Yes.  Your attorney does not have to hold your hand every time he sends in a new claim, if he thinks you are eligible and it will increase your compensation.  That is not the only way it can happen, but probably the most likely.  A thorough review of your medical file can reveal things you are eligible for, that you/your VSO missed.  

My attorney never argued for major depressive disorder in the argument letter though.

The argument letter was based on service connection for migraines and PTSD.

Hence why I asked the question because I’ve never read anywhere on the internet where an appeal is currently being reviewed by a judge and a new issue was added.

Edited by Hucast21
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Checked va.gov this morning and a new issue appeared:

“Service connection, bipolar disorder”

Even though I have been diagnosed with bipolar disorder, once again, my lawyer didn’t argue for service connection in the argument letter.

I’ll take this as a positive sign.

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I won!! Thanks to hadit for keeping me sane going through all of this.

 

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32 minutes ago, Hucast21 said:

I won!! Thanks to hadit for keeping me sane going through all of this.

Congratulations!

Way to go.

Now the good, the bad and the ugly part of this award.

The Good, it appears that the BVA has granted your claims.

The Bad, your claims have to go back to the local VARO for them to assign them effective dates and rating percentages.

The Ugly, the local VARO can screw up your effective dates and your rating percentages causing you to have to file new appeals back to the BVA.

Sorry for the bad news but this is what I am going through.

Also, if it says that you should see a difference in your pay in two months, well, it took the VA at least a year to implement my BVA Grant.

A win is a win.🤑🤑🤑

Edited by pacmanx1

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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  • HadIt.com Elder

Hucast21 Congrats! Great news! Don't forget to update your Hadit profile to your new rating. Continue to continue to help others. And, if you can afford it, maybe when you get your back pay payment you could donate a little something to help Hadit keep on helping other veterans.

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