Jump to content
VA Disability Community via Hadit.com

  Click To Ask Your VA   Claims Questions | Click To Read Current Posts 
  
 Read Disability Claims Articles   View All Forums | Donate | Blogs | New Users |  Search  | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Need guidance for a BVA video conference.

Rate this question


werdich1

Question

HELLO ALL,

I NEED HELP WITH THE BVA, THIS TIME I DON'T WANT TO MAKE ANYMORE MISTAKES! I NEED THE EXACT RULES AND REGULATIONS FOR MY 1990 ORIGINAL CLAIM IN HOW TO APPLY 3.156 AND SO ON. AND I NEED TO KNOW WHAT PERCENTAGE TO ASK FOR IN MY RATINGS? MY DR. AND 2 C&P EXAMINERS STATED THAT IT WAS ALL CAUSED BY THE MILITARY SERVICE! THROUGHOUT THE YEARS I HAVE DONE IT ALL WRONG! I JUST NOTICED THAT THE VA ONLY USED ABOUT 20% OF MY SMR & STR!!! IN APRIL 2022. I GOT A BVA VIDEO CONFERENCE WITH A BVA JUDGE. 

 

  RATING DECISION 

 

                  DATE OF CLAIM                                                          DATE OF THIS RATING

                       2-20-90                                                                         11-26-91

VAF 21-526. received February 20, 1990

Service connection for low back condition, diplopia, or double vision, allergic reactions

Service medical records November 27, 1984, to December 6, 1989, and VA examination conducted October 17, 1991

A complete entrance or separation physical examination is not of record. Preenlistment examination November 27,

I had copies of my entrance physical examination and I sent them to the VA!

 

                                            WHAT THE VARO USED TO RATE MY ORIGINAL CLAIM FOR LOW BACK CONDITION, 

                                                                 WHICH TRIGGER A ERRONEOUS ( RATING DECISION OF 10% )

Veteran was hospitalized April 24 to April 27, 1989, with an injury to the back. He had multiple complaints of continued back pain thereafter, assessed as strain following trauma. He had decreased range of motion, along with pain. Orthopedic referral of continued complaints 

September 18, 1989, showed that lumbosacral spine x-ray was negative for abnormality. 

VA examination shows continued low back pain. No musculoskeletal defects were described on examination, and no neurological defects were found.

 

🔥WHAT THE VA DID NOT USE TO RATE MY LOWER BACK CONDITION!!!

08 Sept, 1987. 9TH MEDICAL DETACHMENT. CHRONOLOGICAL RECORD OF MEDICAL CARE. problem  - 0 Urination x 6 days ago, 6 days ago dizziness  (back pain) in lower back.

27 April, Commander letter duty    Absent, sick civ Hosp.

28 April, 1989. 9TH MEDICAL DETACHMENT. CHRONOLOGICAL RECORD OF MEDICALCARE. Back injury report.

08 May, 1989. Back pain flag pole fell on neck and back causes trama to both areas pt also complaines of double vision in R eye……..

16 May, 1989. 9TH MEDICAL DETACHMENT. CHRONOLOGICAL RECORD OF MEDICAL CARE. States, C/O pain (previous hx  to back while twisting bending Pain comes from center of spine radiates down in his Rt leg. Pt says that the pain leads back since April 24, 1989, Last?? was 08 May & Pt received Med & a profile. (Elnolomethacin? & Para fon forte tabs.) Pt states that pain still persists - negative improvement. …ext… No PT/ lifting > 25 lbs. Trauma not responding to NSA7SA……

22 May, 1989.9TH MEDICAL DETACHMENT. CHRONOLOGICAL RECORD OF MEDICAL CAREBack pain, concussion, No PT or lifting 25 lbs….

24 May,  9TH MEDICAL DETACHMENT. CHRONOLOGICAL RECORD OF MEDICAL CARE. Back x 1 month Pt has tried dif. things but pain has not decreased. Profile for LBE. and LBP Still having back pain…..

24 May, 1989. PHYSICAL THERAPY 5th General Hospital, shock type pain down buttocks, back pain ext!!!…..

07 June, 1989. Physical Therapy 5TH general Hospital. Consultation Sheet, ice massage, Back class……

7 June, 1989 till 7 July, 1989.  written a Physical Profile please read profile and my limitations! 

19 - 22 Jun, 1989. Physical Therapy 5TH General Hospital. CHRONOLOGICAL RECORD OF MEDICAL CARE Back pain no improvement, limited flex, LBP central, unable to tolerate intermittent traction ext. Pt states after RV on 19 June he was really sore!….

26 - 05 July, 1989. 5TH General Hospital Physical Therapy. 26 June Pt relates he is unable to tolerate static traction . Sx released traction unchanged since previous exam ext…. 

29 June, Pt received Medison & MH to L4 central 05 July, Pt relates no ? in sx Medson treatment o: unchanged exam. A/P discussed Dr Tuthun? Ortho will refer to CT, PN&N and extend profile Rev p CT.

05 Jul, 1989. Physical Therapy 5th General Hospital APO 09154. ………….refer to CT, PN&N and extend profile Rev p CT…

05 July, - 5 Aug, 1989. written a Physical Profile, No LBE…… please read profile and my limitations! 

21 Aug, 1989. Injury Evaluation LBP No field gear, No running and…….

21 Aug, 1989. renewing Profile…..

08 Sept, 1989. States that I had a CT done on the economy - no report. 0 aro? still moderately limited all pears. Strenght WNL - ??? Still tight PVM tender L4 L5. A/P Chronic LBP ORTHO…..

18 Sept-18 Oct, 1989. written a Physical Profile please read profile and my limitations! 

****18 Sept, 1989.  ORTHOPAEDIC CLINIC USAH BAD CANNSTATT. Consulation Sheet. Has LBP No relief 

27 Sept, - Oct, 1989. written a Physical Profile please read profile and my limitations! 

 Sept, 1989. 9TH MEDICAL DETACHMENT. CHRONOLOGICAL RECORD OF MEDICAL CARE. C/O Hx of LBP Pt states dull ache in L.B. right now. Profile written up.

03 Oct, 1989. Report of medical history.  RECURRENT back pain.

18 Oct, 1989. ORTHOPAEDIC CLINIC USAH BAD CANNSTATT. Consulation Sheet. Hy of LBP as above LBP, Bowel & blade problem pain in Lumbar………..

 

                                                                                         MY PHYSICAL PROFILES 

22 May, 1989. No PT or lifting 25 lbs.

24 May, 1989. 9TH MEDICAL DETACHMENT. CHRONOLOGICAL RECORD OF MEDICAL CARE. Profile for LBE.

7 June, 1989.PHYSICAL PROFILE 5TH GENERAL HOSPITAL. PT own pace / distance / No running

5 July, 1989. 5Th General Hospital. states PHYSICAL PROFILE  NO LBE.

21 Aug, 1989. 9TH MEDICAL DETACHMENT. CHRONOLOGICAL RECORD OF MEDICAL CARE. States renewing Profile stating Back is still sore.

21 Aug, 1989. DD FORM 689. Evaluation LBP. No Field Gear, No Running, No lifting 25lbs for two weeks. 

17 Sept, 1989. 9TH MEDICAL DETACHMENT. PHYSICAL PROFILE, CHRONIC LBP with limitations!

18 Sept, 1989. PHYSICAL PROFILE 5TH GENERAL HOSPITAL. PHYSICAL  PROFILE, CHRONIC  LBP with limitations!

27 Sept, 1989. No field duty.

3 Oct, 1989. Report of medical history 3pgs…

18 Oct - 18 Dec, 1989. My ETS date was 5 Dec, 1989!!! 

PHYSICAL PROFILE with limitations from the ORTHOPAEDIC CLINIC USAH BAD CANNSTATT. LBP No lifting over 25lbs, No sit-ups, Run at own pace & distance. 

 

( Notice my Physical Profile extended way beyond my ETS date)!!!

 

                                           WHAT THE VARO USED TO RATE MY ORIGINAL CLAIM FOR DIPLOPIA, OR DOUBLE VISION CONDITION, 

                                                                            WHICH TRIGGER A  ERRONEOUS  ( RATING DECISION OF 0% )   

Clinical record of April 23,1986, showed complaints of right eye pain. 

Clinical record of March 18, 1988 shows that while playing basket ball, finger poked in right eye. He had complaints of dull pain when moving the eye and a gritty feeling. The assessment was minor eye injury.  

He was seen on May 8, 1989, with continued right eye complaints of double vision on lifting or when drinking alcohol, affecting just the right eye; assesses as post-concussion visual disturbance. 

Clinical record of November 6, 1989, shows complaints double vision in the right eye.

Eye examination indicated that the veteran has restricted oblique superior function on the right due to partial trochlear paralysis with complaints of double vision, primarily when looking to the right, described as sometimes occurs.

A noncompensable evaluation is assigned to impaired right eye muscle function with complaints of some double vision, since the condition is not shown to be constant, and since the condition is not shown to be constant, and since it is described al slight, it is not considered to be compensable impairment of eye function.

 

 

 

🔥WHAT THE VA DID NOT USE TO RATE MY ORIGINAL RATING DECISION FOR MY EYE CONDITION.

? 5. 88 after 5 weeks ago with finger nag vision blurred seeing double

25 Mar 88. 9th Medical Detachment Chronical Record of Medical care. states, Blury vision close and far distances

xxxxxx5. 1988. EMERGENCY ROOM 5th GENERAL HOSPITAL. was injured to R eye.Diplopia, vision blurred seeing double ext. 

8. May 88. Chronical record of medical care.

6. 10. May 88. 9th medical detachment.Head injury Double Vision dizziness, vomiting, 

hot flash and unable to walk strait.

7. 16 May 88. Medical Record Consultant Sheet. Diplopia ext.

8. 17 May 88. Chronical record of medical care. 5th General Hospital. has blurry vision, Red Len Failed. Vert diplopia, pain, double vision in R field of gage ext.

9. 19 May 88. OPTOMOTORY 5th GENERAL HOSPITAL diagram of eye from

the injury.

10. 4. Aug. 88. Chronical record of medical care. Double vision in right field of gage, Red len fail, Vert phobia R field of gage ext. 

11. 19. Oct. 88. Chronical record of medical care. Eye problems c/o hy of R eye double 

vision pain pressure in R eye. PT re quest referral to optomology. I requested further 

treatment, because of the pain and pressure seeing double was causing me a great

deal of trouble with my every day tasks, from the first blow to my eye my life had 

changed into a nightmare that I am still going through this very day and it has not gotten any better!

12. 21 Oct 88. 9th medical detachment.

31 Oct, 1988 9th Medical Detachment. pain over the eye area ext.

13. 02. Jun 88. Symptoms diagnosis treatment trading organization.

14. 3. Oct. 89. REPORT OF MEDICAL EXAMINATION

15. ? Oct. 89. CONSULTATION SHEED

16. 26. Oct. 89. Chronical record of medical care.

17. 06. NOv. 89. Chronical record of medical care. Double vision R eye duration 1 yr. I

requested to see a german doctor at this point because nothing was being done, an I

was very confused about the whole situation mentally and physically !!!

18. DA form 5008. 9th Medical detachment. PT has double vision, dizzy spells, loss of

muscle control in R eye, severe headaches.xcv 

08 May, 1989. 9TH MEDICAL DETACHMENT. CHRONOLOGICAL RECORD OF MEDICAL CARE. Photophobia, contusion  visual distr. Sunglasses. I talked with the one medic telling him that I was seeing clouds and or something floating in my eye, he went and got another medic and told him that I was seeing clouds, patches and or something floating in my eye may be spots? And the other medic that wrote the rest of this report pushed him away laughing and said, no he is not seeing spots. I still got the same symptoms that I had back then. The double pictures increased upon lifting!

08 April, 1989. Photophobia, double vision post Trauma C/O DBL vision.

10 May, 1989. Head injury, O/C double vision in R eye, Has dizziness & Vomitting. Dizziness accompanied by “Hot flashes Unable to walk straight!!! Diplopia R eye.

24 May, 1989.9TH MEDICAL DETACHMENT. CHRONOLOGICAL RECORD OF MEDICAL CARE. double vision almost constant was mistaken! Double vision was constant and increased at certain gages!

02 June, 1989. Standard form 600 Back, Pt has double vision, eye bruised ext.

03 Oct, 1989. Report of medical history. Eye trouble. Yes.

19 Oct, 1989. 9TH MEDICAL DETACHMENT. CHRONOLOGICAL RECORD OF MEDICAL CARE. Dr. T Win, C/O hx of R eye problems Pt C/O double vision pain & pressure in R eye. Pt request referral to Opthamalogy  for further evaluation. Pt has hx of problems in  both eyes indicated in his med records. R eye diplopia, found to have vertical diplopia! That was after the write up I requested to see another Opthamalogist!!!

01 Nov, 1989. 5TH GENERAL HOSPITAL OPHTHALMOLOGY SERVICE. states VERTICAL DIPLOPIA IN RIGHT GAGE FOR 1 year 

06 Nov, 1989. 9TH MEDICAL DETACHMENT. CHRONOLOGICAL RECORD OF MEDICAL CARE. meds - pain med. Double vision R eye duration 1 yr. Has been seen here before & was seen in 5TH General Hospital 10/19/89. Requests to see German doctor.

DA FORM 5008. 9TH MEDICAL DETACHMENT. PT. has double vision R eye, dizzy spells, loss of muscle control in R eye, severe headaches!!!

 

  • SMR states trauma and that I had problem with both eyes

                                                

                                                      WHAT THE VARO USED TO RATE MY ORIGINAL CLAIM FOR ALLERGIC REACTIONS CONDITION, 

                                                                                      WHICH TRIGGER A  ERRONEOUS ( RATING DECISION OF 0% )

1984 gives a history of allergy pollen (hay fever). 

Clinical record of March 24, 1985, gives complaint of onset of urticarial pruritic rash after playing basket ball; no breathing problems. Physical examination showed diffuse urticarial rash. 

Emergency record June 7, 1985, shows veteran playing sports and broke out in hives. It has happened before. No difficulty breathing. Report indicated hives on the arms, legs, and trunk. He was treated with Banadryl and hives cleared.

 Clinical record of August 16, 1985, indicates exercise-inducted Urticaria was treated. 

Veteran seen in die Allergy clinic January 7, 1987, with complaint of recurrent severe urticarial reaction with difficulty in breathing when he goes into the woods. 

Referral to the Allergy / Immunization Clinic on April 9, 1987, showed that allergy tests were done and all were reported to be negative.

*****Clinical record of April 28, 1987, shows complaints of questionable allergic reaction, hives (covering the entire body), labored breathing. He had history of intermittent urticaria, occasional shortness of breath, sensation of pressure in the throat. He was currently on medications. Examination shows that he was moving affortlessly; speech normal; lungs clear; throat clear; skin clear; with no rashes, no rhinorrhea. Assessment was mild allergic-type symptoms but no specific urticaria or evidence of anaphylaxis. 

Recurrent urticaria, which is claimed as allergic reaction, is an acute condition which the records indicate was exercise-induced, and no permanent residuals have been noted in the records thereafter. In the absence of permanent residuals, a noncompensable evaluation for pulmonary and skin dysfunction must be assigned. 

 

 

🔥WHAT THE VARO DID NOT USE TO RATE MY ALLERGY URTICARIA & CONDITIONS 

 

******24 MARCH, 1985. EMERGENCY CARE AND TREATMENT FORM 558 states, SKIN: I was rushed to the emergency hospital after fellow soldiers brought me to one of our Drill Sergeants he saw that I was gasping for air, scratching, digging into my itching skin, he place me into his private vehicle and rushed me to the emergency hospital, while in his car with a open window it helped my breathing.  diagnosis  DIFFICULT URTICARIA RASH I was given medicine, started while physical activity.

******07 June, 1985. EMERGENCY CARE AND TREATMENT FORM 558 states, Brock out in hives, hives on arms, legs & trunk, stared while physical activity. 

*****16 Aug, 1985. CHRONOLOGICAL RECORD OF MEDICAL CARE states, XXXXXXXXXXXXXXXXXXXXXXXXXX

13 Jan, 1986. SCREENING OF NOTE ACUTE MEDICAL CARE states, RASH XXXXXXXXXXXXXXX

06 Jan, 1987. EMERGENCY CARE AND TREATMENT FORM 558 states Complains of severe itching and bumps all over the body! Started around 3-4 PM today, tightness of chest difficulty breathing, difficult Urticaria, rashes over the whole body! Blood pressure 140/60!!!

*****07 Jan, 1987. F/U of reaction Pt feels skin itch, headaches, puffy around eyes. Pt states he was seen last pm for the same problem. Given sting kit to carry on my BDU! 

Difficult Urticaria 06 JAN, 1987. Lasted from 3-4 PM until 20:00 hrs. Attack lasted 4-5 hours officially, but afterwards weakened, stressed, nevoursity, joint pain, swollen feet and hands, severe headaches, depressed, puffy, drowsiness, diahria, itchy, and this lasted threw out the whole night! The very next morning at 06:50 I was back at the clinic, skin still itching, headaches and puffy around my eyes! Duration of this attack was 06 - 07 Jan, two days of stress of a Difficult Urticaria!!! 

07 Jan, 1987. CONSULTATION SHEET states, Reccurent severe Urticaria reation w difficulty in breathing when he goes into the woods. Please evaluate.

09 Jan, 1987. CHRONOLOGICAL RECORD OF MEDICAL CARE states, Itching and swelling in throat area Hx of allergic reactions, last episode was 6 Jan, 87.

06 Feb, 1987. Pt states he has sours in mouth spread to tongue. Glands feels sore. Sours cause pain. Had x 2 days. Urticaria, No field duty 3days, Cont Benedryl.

09 April, 1987. Evaluation of AllergyXXXXXXXXXXXXXXXXXXXXXXXXX!!!!!!!!!!!!!!!!!! 2pages cant read!!!?

*****09 April, 1987. European Allergy skin testing record.

10 April, 1987. Testing slip, C3, C4 levels ext.

*****April 1987. 9TH MEDICAL DETACHMENT. CHRONOLOGICAL RECORD OF MEDICAL CARE. reation, Hives (covering entire Body)!!!  Breathing!!! Pt has HX of condition. HX of BIZARRE SYMPTOM COMPLEX of INTERMITTENT URTICARIA, Sensation of pressure in throat. Has undergone allergy testing & WOKE - UP, meaning that I was passed out!!! 

16 June, 1987. 9th Medical detachment road march??????????

23 June, 1989. Rash on left hip x5 days………

20 - 21July, 1987. STATE HOSPITAL HEILBRONN, I collapsed from my Urticaria conditions and I spent 2 days in the hospital because of my Urticaria attacks!!!

03 Jan 1988. 9TH MEDICAL DETACHMENT. CHRONOLOGICAL RECORD OF MEDICAL CARE. I talked to Dr. about trying to only eat vegetarian food to try to find out what was causing my out breaks, I was trying anything to stop the outbreaks from coming back! It did not matter what medicine I was given the out breaks always came back, and sometimes after being treated in the clinic or hospital I would have a relapse a couple of hours later!

15 Feb, 1988. STATE HOSPITAL HEILBRONN, I was taken back to the State of Heilbronn emergency hospital by ambulance with blue lights, because of my Urticaria and breathing problems After playing basketball rash and bronchial obstruction and on this day I collapsed!!!

03 Jan, 1989. 9TH MEDICAL DETACHMENT. CHRONOLOGICAL RECORD OF MEDICAL CARE. I was stressed because of my Allergy and or my Chronic Urticaria, it did not matter what they did or I did to try to end the horrible plague of my Urticaria conditions, nothing changed it always came back to haunt me day and night!!! So I went in to talk to a Dr. to try something new anything even try to change my eating habit to vegetarian to try to reduce the attacks that always came back towards the different medication that I was given, many times I thought that the last attack would be my very last, I had Urticaria attacks that were not documented,  I was tormented mentally and physically!!!!!!

23 June, 1989.  9TH MEDICAL DETACHMENT. CHRONOLOGICAL RECORD OF MEDICAL CARE. Rash of the left hip.

30 June, 1989. 9TH MEDICAL DETACHMENT.  SYMPTOMS , DIANOSIS, TRAETMENT, TREATING, ORGANIZATION.   RASH ON CHEST & BACK, at times after a Urticaria attacks a rash would remain on my body  that would last for days before it cleared up, and sometimes it would slowly clear away with selenium blue shampoo. 

These attacks lasted threw out the military, everything that was said and done seemed not to be enough, so I asked the military Dr. to please send me to a German Dr. to help try to find away to help me, because I was mentally and physically a nervous wreck!!!! During these attacks you can not think strait, panic, stressed, nervous and many other things!!! All of a sudden you are being shot up with some kind of medications and all of a sudden you are lost, confused, dizzy, cold numb, panting, heart pounding, and many more things!!! Shortly afterwards you are confused, empty, embarrassed, alone, weak, aching joints, nervous, tired, and when I am lucky I  could get to the toilet on time or I had to change my pants!!! 

 

ABOVE THE VARO WROTE; Service medical records November 27, 1984, to December6,1989. 

THIS STATEMENT IS NOT TRUE, BECAUSE A LOT OF MY SMR, STR, PHYSICAL PROFILES, LAB REPORTS, AND ON AND ON WERE NOT APART OF ORIGINAL RATING DECISION!!! 

 

Edited by werdich1
To add Emoji's.
Link to comment
Share on other sites

6 answers to this question

Recommended Posts

  • 0
  • Moderator

You really need to have a VSO or some form of POA present for this. They would know the relevant standards and regulations to apply and wouldn't get mired down during any questioning by attempting to apply them incorrectly. Without seeing the denial letter its hard to know what they did and did not look at. An examiner is not going to cite every instance in your SMR's for a given condition- they are only required to cite the aspects that apply for or against a contention. Did you already raise this information in a supplemental claim- is that what the hearing is for? 

You typed that they had access to your medical records from 1984 to 1989- implying that the information you typed as 'missed information' was part of the record. 3.156 applied to information that would not have been part of the record at the time it was rated or to information that wasn't considered, so you have to show, or at least raise the possibility, that the other things you typed above were not considered in the original examination or rating. 

You've already done most of that, you just need to factually and unemotionally provide the information above during the hearing as the basis for why you think 3.156 applies as new and relevant evidence. 

Link to comment
Share on other sites

  • 0
  • Content Curator/HadIt.com Elder

@werdich1I agree with the advice given by @brokensoldier244th.

 

If you need the laws, regulations and rating criteria which were in effect at the time the decision was made, if it is not current then you might find yourself digging through back issues of the Federal Register. I included a link below to my blog article explaining it more. Basically, every law and regulation (including VA rating criteria) which goes into effect is published publicly in the Federal Register. I had to go back through this when I found Clear and Unmistakable Error (CUE) in a 1995 VA decision. It took a lot of research because some of the things I needed changed numerous times and I had to find the one which was in effect. Unless you have new and material evidence --- or find CUE --- the old decisions will stand.

I'm a bit out of commission because I am fighting off COVID-19 right now, but I did take a very quick look. One thing that stands out clearly is the rating decision says "A complete entrance or separation physical examination is not of record." Back then all records were paper. See if you can find your entrance and/or exit exams. An entrance exam is always required, but an exit exam is optional (but recommended). Find those. Even if you wrote urticaria or the other issues on your  pre-enlistment medical history form, the one that matters is the actual entrance and exit exams done by the doctor. If they found the conditions "normal" on the entrance exam then you might be in better shape. Then check the exit and other exams. Perhaps you might be able to get SC for aggravation of an existing issue.

 

 

 

Link to comment
Share on other sites

  • 0
  • Moderator

It sounds like you did your homework, so you should have a great result.  My advice:

1.  Try to make sure "VA's records" have key evidence you know is favorable.  As an example, make a list of "the top 3" exams which you think support a higher rating.  If they dont have one or more of these, offer to fax/email/mail it asap for their consideration.  You should have access to those, but we dont always know what evidence VA has, so make sure they have your favorable evidence in the file.  

2.  Be careful about talking "too much".  Sometimes less is better.  Dont go off on your unsubstantiated hypothesis, or complicated theories.  Have evidence confirming what you speak, and make your words consistent with evidence present.  As an example, they may ask "what date did you ________?"  If unsure say so!  We dont always recall dates for everything, I sure dont.  I would answer:  "Gee, my memory is not as good as it used to be.  Does it give a date in the record for that?  The record is probably better than my memory".  Offer to look it up, and report the date the record says, dont speculate.  Remember this often happened years ago, and Im lucky to remember what i had for breakfast this morning, let alone the "date my CC had us do a training exercise which resulted in a bone fracture" for example.    If you guess the date wrong, and its in conflict with the record, your credibility just got 'RED FLAGGED".  BETTER IS TO SPEAK LESS, SPECULATE LESS, LOOK UP the record more.  It ok to admit you cant recall a date, heck, Im lucky if I remember my grand kids birthday, and have a chart of them.  I check the chart, I cant remember 11 dates.  It does not mean I dont love my grandkids, it means I will check and get back to you.   This said, you should probably have your dates of military service in front of you, if unsure.  

3.  Dont speculate a percentage.  Just ask for the max rating allowed by law, if they ask.  (They probably wont expect you to guess a percent you think you deserve).  The board does not require you master the CFR 38, in order to obtain benefits.  Instead, let the board do their job, which is to evaluate the evidence, determine your credibility, and render a decision based on the evidence at hand.  Your job is to say little enough to NOT incriminate your self by making guesses at suff that will conflict the record.  You dont have to have a photographic memory to get VA benefits recalling every 38 cfr in minute detail, interpreting every regulation consistent with every CAVC case.  Instead, admit you are less of a lawyer, and cant recall nor do you want to interpret 38 CFR's, let them do that and appeal if it does not go your way.  Some people, especially judges,  are offend-ended by you trying to do their job.  

     Instead of that, "ask them", "Do you think 38 CFR 3.156 new evidence applies here, in reference to the effective date? 

Use questions, not your interpretations, of laws.  

4.  Understand your job.  YOUR JOB is to make sure the record contains evidence you think is favorable.  And answer their questions as consistent with the record as possible, being willing to admit it when you are unsure.  

Your job is not to tell the judges how to rate your case, but its ok to ask them if "they think" the dec. 3 exam

suggests a higher rating.  

Relax, and offer follow up for any questions asked you cant recall.   Say, "Great question your honor.  May 
I have the courtesy to look up that answer and provide that to you (by early next week), since Im sure the record is better than my memory?   My wife is better at remember dates than I am, she knows our first kiss, our first resteraunt, etc.  

 

Dont try to be a know it all.  Its ok to admit you are unsure. 


Evidence wins claims.  so make sure the evidence is there to win. 

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use