BVA Hearing.

[Whodat]

Has any of the Vets with the Hadit family had a BVA hearing that are still in the Legacy system within the last 4 months? If so, can you share your experience?

[Whodat]

@knoxcap, hopefully I can answer most of your questions. I had a VFW rep reopened my claim in 2017 for cervical and lumbar strain. That was denied. 

I felt that that the VFW rep wasn't putting much effort into my claim due to her workload so I was interviewed by VLG and they said that I had a very strong case so they had taken my case and filed an appeal 2018. 

This is my first appeal so I had been in front of the Judge just once. Had my hearing on April 23rd, so now just waiting for the decision.

I have looked at BVA cases similar to mine by different judges and those cases were granted. 

[knoxcap]

Sounds like you have a good case. I won my case for lumbar strain, left wrist and PTSD BVA back in 2007. 

[Whodat]

I started in 2009 but never appeal it. I reopened in 2017. I just don't understand. Had an injury on both cervical and lumbar. Had a diagnosis. But kept getting denied. All about a nexus. It happened in the military. 

[Whodat]

And what really bamboozle me, I had an injury in the military. It's in my service medical records with the diagnosis and treatment. 2 elements of the triangle is there. I was thinking that the purpose of the c&p exam was to provide the nexus. Wrong. 

Also what gets me is that my entrance exam was more thorough than my exit exam. After serving for 21 years, seems to me that x rays and other test should have been ordered. Nope. Bend over, cough, you are good to go.  Years later, you find out you have this. VA wants you to prove it. Not in your medical records. No chet. I just found out. 

If you have the first the first 2 elements of the triangle while in service or happened in service, why can't VA service connect with a zero rating and once the condition worsens the vet files for increase. But no, you have to jump through red tape just to get sc. Years of appeals, the vet finally get sc and backpay, who loses money? The VA. The vet just lose time. Think about it. 5 or more years of appeals vs sc connected at zero from the beginning, the vet files for an increase, if awarded, 6 months of backpay. Gotta love today's thought process. 

[knoxcap]

Yes the exit exams were a joke but of course most military individuals just want to get the exam done and over with. Same with the examiner. If I had it to do over again I would handle it differently. Your right about that backpay too. 

[Vync]

@Whodat That sounds very familiar. The VA liked to deny my initial SC claims as not mentioning "chronic", normal x-ray (despite no CT or MRI), lacking continuity of treatment while ignoring my lay statements, despite my ROM being limited and qualifying for 10%+. Fortunately, I had a very strong nexus from a non-VA orthopedic specialist which tied in-service injuries to current disabilities.

My entrance exam was thorough, but noted I needed to wear eyeglasses. The exit exam was a joke. The doc marked everything normal on the "report of medical examination" form, but himself typed "wears glasses" on the "report of medical history form". 

With VA compensation intended to make up for potential loss of income, the VA never really helps compensate veterans fully. Many vets go through major issues like divorce, repossessions, or even losing their house. Had the VA not screwed up their nexus, many of those veterans could have had additional income and not had to endure those circumstances.