Diagnosed w/early Menopause in service, but BVA denied my claim for it TWICE now, despite clear medical evidence, and consequent loss of creative organs (hysterectomy). What now???

[Cat4Christ777]

Served in the USAF from 1990 to 1998, in law enforcement. Diagnosed with early Menopause in 1998, which sparked an unfulfilled Endocrine consult. Blood test revealed pituitary gland/endocrine issue. Claims in both 1998 and 2021 were both denied, with the VBA claiming it wasn't 'Menopause,' but "oligomenorrhea" (menstrual irregularity)--completely disregarding medical evidence to contrary--subsequently suffered uterine prolapse, which required full hysterectomy in 2016. I know the early menopause was due to extreme stress (19+ hour shifts, very little sleep, sick all the time, etc.) in service.

Menstruation stopped completely by May 1999. Regardless, there was actual medical diagnosis of Menopause, but VBA ignored it, twice.

According to 38 CFR Section 4.116 Schedule of Ratings under Gynecological conditions, menopause IS a 'disability,' with a rating of 50% (after loss of creative organs from hysterectomy).

Honestly, what does it take to get them to accept reality??? Last denial was September 9, 2021 (and did not even send me a decision letter). Had to call them to get them to send it to me via email. Who wins these things, anyway???

I know I need to find a good attorney, but I am so angry and hurt, I can't think straight.

Please, I need some hope. Has anyone actually won their case for Menopause? Please let me know! Thanks in advance!

--Cat54Christ777

Edited September 24, 2021 by Cat4Christ777
sentence clarification (see edit history)

[GBArmy]

Hi Cat4Christ777 Welcome to Hadit. Sorry about your treatment by the VA; not the most creative people to say the least. You need to get GOOD legal representation from a lawyer and see if you can develop a CUE claim. You could be looking at a significant amount in back pay so the legal folks will really try to build a solid case. Too difficult for you right now to handle it yourself. Here are a few groups to consider, not in any ranking: CC&K, Woods and Woods, Hill & Ponton,Perkins Studdard. There are more on this site and start hitting on them. Don't be discouraged if a few say no thanks; your disabilities is not something that will be a very common thing for them to handle, so they would likely be limited in who they have available that has the experience to do your case justice. But don'it give up. You want to show that the VA made a legal error to get back to your original submittal date. Pull all your medical records and get on it. Good luck, sister.

[broncovet]

Yep.  The procedure, as GB posted, is to hire an attorney at the cavc.  The good news is that EAJA regularly pays attorney fees at CAVC.  

Im sure you have already documented a current diagnosis, in service event, and the nexus.  However, check them again.  Often there is mysteriously missing evidence, as VA loves to lose our evidence.  

Start with a nova attorney, you have no time to lose you have to appeal to the cavc within 60 days or 120 days, I forget which right now.  Your attorney will know.  Dont wait.  It takes time to procure an attorney.  

https://www.vetadvocates.org/cpages/sustaining-members-directory

Your attorney need not be from the Tenn.  Call one or more of the above.  More is better.  You see, attorneys specialize in their own favorite cases, and often turn down those unrelated, so you may have to contact a half dozen attorneys to find one to represent you.  I have been through that.  

Edited September 24, 2021 by broncovet (see edit history)

[63Charlie]

Contact attorney Judy Donegan at Veterans Pro Bono Consortium in Washington DC.

They have done fantastic work for me and have won all eight issues on appeal from BVA.

[63Charlie]

You can also go to the CAVC website and under docket search feature you can type in her name and view results.

Edited September 24, 2021 by 63Charlie (see edit history)

[Cat4Christ777]

Thank you, all, for your help & suggestions!

To '63Charlie,' Judy Donegan may have helped you, but she appears to be serving as the VA General Counsel now; not sure she'd be interested in representing a veteran against her bosses. I'll keep looking, though, and thank you for the suggestion.

 

--Cat4Christ777

[63Charlie]

I am not privy to the info you claim to know about Ms Donegan being an employee of the VA.

She has current active cases on the docket at the CAVC representing veterans.

However, the Veteran's Consortium Pro Bono will review your case and if they feel it has merit, will appeal it at the CAVC.

I had CC&K decline representing me at the BVA,and CAVC. 

If a law firm turns you away...keep looking.

If your appeal has merit...there is a legal eagle for you.

Edited September 28, 2021 by 63Charlie (see edit history)

[Cat4Christ777]

Charlie, I ran a search for her name (Judy Donegan) at the CAVC website, and her title has changed to "VA General Counsel," which is how I discovered she now works for the enemy. Ran it again, and here is the result, again...

http://search.uscourts.cavc.gov/isysquery/91a2d472-41a4-4244-a30a-a360cb0ad9df/-datetime/sort/

Of note, the 'copies to' address is to Judy Donegan, VA General Counsel. Her official title gives her away.