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

[Hucast21]

On 5/7/2021 at 6:43 PM, pacmanx1 said:

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.

According to my attorney, he looked in the system and seen the regional office has rated me 10% for migraines and 70% for bipolar disorder with effective date of April 2018. Obviously, this is not final.

I will most likely appeal the 10% rating for migraines because it’s a low-ball. I assume the RO based the rating on the bad C&P exam in 2018. 

But I also have TDIU remanded, so I’ll see how all of this shakes out.

Edited May 19, 2021 by Hucast21

[Hucast21]

On 5/7/2021 at 6:43 PM, pacmanx1 said:

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.

Just got 80% (updated on va.Gov) and retro pay going back to 2018 in one month from BVA decision.

[McRay]

Congratulations!!! My atty is doing the same thing, legal brief with supporting case law, supportive IMO, med records discovered and submitted under 3.156c that weren't considered in original denial (1978). The difference is I'm not AOD so it's the long wait. I'm glad to hear you didn't have to go through RO hurdles and screwups!!

[GBArmy]

Winner, winner, chicken dinner. Congrats to you! Working on any secondaries? If you can get to 80%, you can work at it and get to 90%. Re-eval anything you have wrong with you, especially if it isn't s-c already and see if they can be linked as secondary to your s-c disabilities. And, of course with VA math, it is a lot easier to get from 80% to 90% scheduler, than 80% all  the way to 100% unless you can do the TDIU route. 

Good going.

[McRay]

Thanks! I'm going to try. . I've got 3 claims I want to file for secondaries, but am holding off. Current appeal is for EED to 78 and 100% or ? and TDIU  Atty is counseling me to hold off because VA will try to change the EED. I'm impatient because I need money, yet I know this is one of those claims VA doesn't want to pay. It's taken me 47 years to get to 50%. Claim was finally approved in late 2018, but they still had to mouse me around on the EED.  Gotta give the atty credit because they were able to come up with evidence (nursing notes) the VA said there was no record of in the initial denial. From my experience, the VA is not on the side of the veteran.

[pacmanx1]

17 hours ago, Hucast21 said:

Just got 80% (updated on va.Gov) and retro pay going back to 2018 in one month from BVA decision.

Congratulations!