BVA–1992-2008=PERSEVERANCE=WIN

This Veteran  from Houston, Texas (who happens to be a WOMAN), is a classic example of what it sometimes takes to win your claim. She was injured in service, but had a very hard time proving it. In fact, she resorted to not one, but three different theories in succession to try to make her case. I suspect she had some of that “wonderful help” we always seem to be supplied with by VSOs. How else can you explain the fact that it took a real law dog to win it for her on the fourth appeal. It’s obvious the prior appeals were mishandled- further proof of VSO fingerprints all over them. 16 years later, VICTORY. Continue, gentle reader:

http://www.va.gov/vetapp08/Files2/0815224.txt

Thank you VLJ C. Crawford on a well-reasoned decision. What is scary is that it came down to two Doctors arguing. Only one Doctor took the time to actually see the patient, though. That’s one hell of a pissing match, gentlemen. Nevertheless, it’s payday in Houston, Baby! I try to convince Vets to have patience with the system. This is the proof of same. Veterans should take note of the name of the Law dog- Robert W. Legg (in case you need him). Read them and weep, Peake.

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BVA–TDIU–(Compensation)

Here is a claim that involves, ultimately, a claim for Total Disability due to Individual Unemployability (TDIU). The Veteran’s disabilities combine to cause him to be unable to work and he still lacks a 100% disability rating. If you have one disability at 40% or greater, combined with others to attain 60% or if you have one disability at 70%, you may apply for TDIU and be rated at the total rate. You will have to prove this annually in order to continue your 100% TDIU disability . Ideally, you would like to have one disability rated at 100% which is never going to get better. Then you will eventually qualify for the Permanent and Total rating. When you attain this Holy Grail, you will be excused from any future examinations and also qualify for a host of other benefits from VA.

http://www.va.gov/vetapp08/Files4/0828005.txt

Bravo, VLJ Guido. Adjudication well done.

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BVA– HOW BAD DO YOU WANT TO LOSE?

Okay. Do not show up for the C&P exam. Check. Don’t show up for the Travel Board Hearing. Check. Ignore the Risk Factors Questionnaire they mailed out to you. Check. Tell them you were an IVDU kind of guy. Check. 5 years later tell them you weren’t. Check. Lose your case. Done Deal. Wait a minute! What happened? I want to appeal this thing. Too late. Cognitive brain disorder, maybe?

http://www.va.gov/vetapp08/Files1/0802037.txt

Living proof of people who are terminally braindead. This guy could have won this with some finesse. One thing is for sure, if you do nothing to help win it, you’ll lose it. If you think these cases win themselves, perhaps you haven’t noticed the odds are about 15 out of 100- and that is for cases that actually have a chance of winning. This VET probably deserves SC. Too bad he didn’t do something to help his SO or himself. Look up dumb in the dictionary and there will be a picture of this guy with the quote “Bummer, dude!” under it.

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BVA–RISE FROM THE DEAD, LAZARUS !

As you know, I attempt to help the living in the pursuit of their claims. Here is a Veteran that has risen from the dead to add his voice to our cause. I have been attempting, over the last several months to help a widow with her case but could find nothing that would assist her with a post-mortem claim. I hope this may help her as well as some of you in your quest for justice if you have lost your spouse to this insidious illness. VA smugly tells us that our claims die with us if unadjudicated. This case says otherwise. Best of Luck to all whose spouses gave their all. God Bless you.

http://www.va.gov/vetapp08/Files4/0833395.txt

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BVA–HEP A,B,C OR NONE OF THE ABOVE

These kinds of cases disturb me. I expect we are going to start seeing more like this example(and mine)that were filed under “hepatitis” without a letter after them. Its a backdoor method to 86 an old rating after it has been awarded. If you have an old SC award for hep and you still haven’t converted it into a P&T, it might be time to give it some serious thought if you can.

Also, check out how the VA examiner tries to pawn off the idea that the Vet recently contracted “C” between 2002 and 2007 and that the CFS is related to this new “recent hepatitis event”. They really have a sense of humor in San Diego. What are they gonna do if the Vet is Stage 3? Say its a new, rapid growing variant? We will keep you posted on this one.

http://www.va.gov/vetapp08/Files1/0805999.txt

What disturbs me is the VA denied him in 2002. He appealed it and it went up to BVA. But look at the remand date of Jan. 2007–fully 4 years and 5 months after the denial and apparently the second remand back to the VARO. Obviously this is the third remand and may turn out to be the beginning of the end of the Vet’s Hep claim, not an adjudication of his CFS, secondary to hep. Scary. Justice delayed, gentlemen. Not Justice denied. Watch out for that Justice Bus. Incoming!

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BVA–GO BIG OR GO HOME

This is a great case. Vet joins Army. Vet gets hep right before going to RVN. Goes to RVN and gets hosed when Buddy gets blown away right beside him. Vet gets bad case of PTSD. Vet discovers the joy of Opium and Buds. Vet starts smoking H. Vet comes home with raging habit from PTSD. Vet discovers Hep in 2002. VA immediately starts down the IVDU warpath and blames it all on willful misconduct and infectious hepatitis. Big problem- Vet only has viral hep(B) and the big C. After 5 years of running him around in circles, VA caves in and grants the SC for hep. But by God, do you think they are gonna give him that SC for drug addiction. No way, dude. Absolutely not.

http://www.va.gov/vetapp08/Files2/0811803.txt

I gotta hand it to those boys down at VVA. They have some sharp SOs working for them. I see more hep claims approved statistically by Vietnam Veterans of America than any other VSO outfit defending Vets. If you really must use one, I would suggest them, and only them. But I still would supervise the bejesus out of him/her. Nobody’s perfect at this business and 2 heads are better than one.

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BVA— JUST THE HEP, MAM,JUST THE HEP

Feb. 88- Vet filed and lost a “hepatitis” claim based on hep. in service in March 77. Fast forward to July 08. The vet has a new claim before the BVA on appeal(obviously the local VARO still doesn’t believe him). Notice this time the Oklahoma Dept. Of Veterans Affairs and the Vet filed it slightly differently as a claim for “hepatitis C” instead of just “hepatitis as he did in 88. The VLJ has promptly changed the claim from a reopening of an old hep. claim(88) to an original or “brand new” claim(08). Most Vets, indeed most people, would not see the significance in this. If the Vet found old evidence from the 70s or 80s that he could submit, it would mean an effective date of 88 from the old claim and hundreds of thousands of dollars. Since this is now considered to be a new or original claim, if the Vet wins, the effective date will be the date filed, which is probably Feb. 07. The Vet will get screwed to the tune of the hundreds of thousands mentioned above simply by virtue of one letter-“C”. Be careful what you ask for. HCVets advocates filing for “hepatitis”. That may include A,B,C, AIH (autoimmune hep) or any combination of the 4. It can mean lots of money when done incorrectly as here. Read over your claim very carefully before you push “PRINT”.

http://www.va.gov/vetapp08/Files3/0823535.txt

Chances are we are going to see this become the rule rather than the exception, with or without the permission of the Vet. When that happens, expect to see the success rate sink to about 5 % from the current 15%. Five bucks says this claim is dead in the water now or will be. I hope the Vet takes this up on an NOA to the CAVC. I suspect they might have something to say on the subject of a VLJ tampering with a Vet’s claim.

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BVA– 3.156(c)(i)(ii)(iii)(2,3,4)–2007 back to 1970

Start claim in 1970. Walk away and forget to appeal. Open old claim in 87,96,98, and finally get SC in 2003. Ask for 87 effective date , but, hold on to your hat, get the 1970 effective date. This is what we refer to as “Holes in the Fabric.” One of these days VA will eliminate this lovely loophole. Until then, Gentlemen, Start your old claims engines.

http://www.va.gov/vetapp07/Files2/0718715.txt

Now that is a piece of work. Real justice, before the poor boy was planted outdoors. Amazing that they are gonna give this guy enough money to put a dent in their budget. They might have to hold off on a new 2009 limo for the VASEC on account of this little bump in the road. We are talking in excess of $500,000.00 dollars gentlemen. Sweet. From the Drew Carey VARO, no less.

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BVA–WHY DOES IT TAKE SO LONG

Here is a classic example of why you have to wait forever to get your day in court. The VA ought to institute a Bureau of Believability to deal with this. If you were never in Vietnam, then it would be axiomatic that you cannot claim presumptive exposure to 3.309 diseases-PERIOD. This guy was a Civil Engineer, for crying out loud. CEs do not go on rescue missions or check the serial numbers of Nukes in silos. VA is expending enormous amounts of time and energy(read tax dollars) disproving these claims. There must be a better way that protects the Vet and at the same time , weeds out the chuckleheads.

http://www.va.gov/vetapp08/Files3/0822959.txt

This is another reason it takes so long:

http://www.va.gov/vetapp08/Files4/0828003.txt

And another example. Item 15 sort of identifies the problem here.

http://www.va.gov/vetapp08/Files4/0826571.txt

Some Vets actually blame this stuff on their service. If your balls didn’t drop before you were 18, I think it’s safe to say it’s not VA’s fault.
10. Whether new and material evidence has been received to
reopen a claim of entitlement to service connection for panic
attacks.

11. Whether new and material evidence has been received to
reopen a claim of entitlement to service connection for an
undescended right testicle

——————————————————————————————-

21 claims at once. This is my personal best. If I find one with more claims, I will, of course, post it immediately. From VARO Jackson, Mississippi to you, the inquisitive Vet:

THE ISSUES

1. Entitlement to service connection for depression.

2. Entitlement to service connection for a right ankle
disability

3. Entitlement to service connection for a left ankle
disability.

4. Entitlement to service connection for a right knee
disability.

5. Entitlement to service connection for a left knee
disability.

6. Entitlement to service connection for a left hand
disability.

7. Entitlement to service connection for a right shoulder
disability.

8. Entitlement to service connection for a low back
disability.

9. Entitlement to service connection for a leg condition.

10. Entitlement to service connection for coronary artery
disease with chest pain.

11. Entitlement to service connection for a systolic murmur.

12. Entitlement to service connection for chronic
bronchitis.

13. Entitlement to service connection for shortness of
breath.

14. Entitlement to service connection for a gastrointestinal
disability.

15. Entitlement to service connection for bilateral foot
disorders.

16. Entitlement to service connection for an eye disorder.

17. Entitlement to service connection for headaches.

18. Entitlement to service connection for a urinary
disorder.

19. Entitlement to service connection for prostatitis.

20. Entitlement to service connection for malaria.

21. Entitlement to service connection for a liver disorder.

It turns out he didn’t have Malaria. He did smoke 3 packs a day, though, so they gave him the COPD!

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BVA-IF YOU DON’T BUILD IT, THEY WON’T COME

This is rather sad BVA Appeal in that the Vet could have won this hands down if he had shown up for his C&P/ QTC exam to ascertain the etiology of the psychiatric complaint. He had a valid claim, but he failed to show numerous times to prove it. VA will rate with what you give them, but they get very irritated and tend to believe that maybe your just don’t sufficiently give a shit about your claim if you can’t be bothered to defend it. They went to great lengths to provide him with an opportunity to prove it and he told them via his indifference to get lost and do the rating. That’s exactly what they handed him. He got lazy towards the end and started forging his records which was really dumb. VA keeps records of everything about you and if you cheat, you will get busted. He did. I’m surprised they didn’t give him a all expenses paid Vacation to Ft. Leavenworth for 5 years for attempting to cheat the Govt. He was lucky in that respect, but not so with the claim. We deleted about 75 % of the Legalspeak to get to the meat of the claim. Read on…

http://www.va.gov/vetapp08/Files4/0829233.txt

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