March 31, 1994 submit claims for:
1) Porphyria Cutanea Tarda (PCT), secondary to
2) tinnitus increase to compensable (10%)
November 4, 1994 Receive denials for:
1) residuals of hepatitis (nothing in SMRs)
2) PCT due to AO (Never was in Vietnam)
3) tinnitus (didn’t report for C&P)
December 7th, 1994
File NOD with
1) New and Material Evidence of Hep in service
2) proof of Duty in Vietnam
3) request for new C&P for tinnitus. (Never got notification)
January 9th, 1995
Receive SOC acknowledging receipt of new and material evidence and promising new decision soon.
February 8th, 1995
Attend new C&P for tinnitus
Silence for twelve years, fifteen days
February 23rd, 2007 Refile exact same claim with exact same evidence for
1) residuals of Hepatitis C
2) PCT, secondary to Hepatitis or Agent Orange
3) tinnitus increase to compensable level (10%)
April 15th, 2007 Attend C&P for tinnitus at QTC
May 10th, 2007 Awarded Tinnitus @ 10% effective March 31,1994.VA acknowledges proof of service in Vietnam but defers PCT.
Get $15 K back pay for tinnitus
October 17th, 2007 VA realizes they have dropped claims for PCT and Hepatitis and reinstates them.
July 1, 2008 Awards HCV @100% and drops PCT claim again.
October 1st, 2008 VA awards PCT @ 10%
March 29th, 2010 VA increases PCT to 40% and refuses earlier effective date of March 31, 1994 for HCV/PCT.
April 5th, 2011 BVA Traveling Board Hearing- Seattle , Wash.
May 12th, 2012 BVA denial of all claims for earlier effective date and staged ratings from April 1, 1994.
April 3rd, 2013 Office of General Counsel acquiesces and admits error in 2009 VARO and 2012 BVA decisions prior to oral arguments at CAVC. Office of General Counsel asks for Joint Motion to Remand for corrections.
June 26th, 2013 BVA receives and dockets case
November 18th, 2013— BVA announces they have made a decision on claims after nineteen years, two hundred twenty two days following receipt of 1994 claims.
The law requires that all claims that are remanded by the Board of Veterans’ Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2012).
Good thing they weren’t dragging their heels on this one. In one hundred forty three days it will become a twenty year rating protected against reduction. I wonder if they will manage to send it to Seattle by Christmas?
This is why we call it Win Or Die