hadit.com Veterans Forum > Appeal Granted Big White Envolope Received

slphelan

Jul 12 2009, 06:42 AM

Started this claim in 2006 after getting of Active Duty in 1995. I was granted 10% and filed NOD for the 5 Denied Claims.
No nexus since I had been out of the Army since 1995 till 2006. Started PCP at the VA Hospital Tampa Florida.
Filed Notce of Disagreement DRO review that was rubber stamped: Denied.
Filed Form 9 and requested DRO Hearing.
Requested and obtained IMO from Dr. Bash. Hearing delayed as the C-file took almost a year to obtain. Rescheduled DRO Hearing.
DRO Hearing completed 04/2009.
Contacted by VSO by e-mail on 6/8/2009 rating completed by DRO.
Submitted Dependent claim 6/11/2009.
Regional Office St Petersburg Authorization Completed 7/8/2009 for all requested claims and dependents also.
Letter received 7/11/2009.
No Deposit in Bank as of 7/11/2009.

Thanks everyone for your help in getting this claim completed I would have had to settle for the initial 10% if I did not have you and your years of experience to fall back on and learn about the VA system. Now at 60% thanks again guys.

pete992

Jul 12 2009, 06:58 AM

yup, yup

Testvet

Jul 12 2009, 07:24 AM

congrats I had my BVA hearing in Feb and was granted my appeal on April 7 I did not get the rating and money until late May and recieved the deposit on June 4 my wife woke me up to tell me a large deposit had been made to the checking account at 0300 she could have waited until I woke up we still haven't spent any of it this is what 6 weeks later? She did get an estimate on repairing the pool house and make it into a seperate mother in law style house my son might move here next year to go to USC and an apt with a kitchenette and bathroom would be more compatible than trying to make him share a room with a 9 year old I don't see my step daughter and her two kids moving out before then if I die a 5 bedroom 3 bath home would make a better asset than a 4 bedroom 2 bath home in this neighborhod.......

you did good less than three years from the start of your claim until you won your appeal many vets are waiting as much as 4-5 years for BVA hearings my claim was screwed up but I started mine in Nov 2002 and didn't get the BVA hearing until Feb 4 2009

take some time to savor the win now what are you goiing to do with all that spare time now that you don't have the RO to fight with anymore? rofl

Berta

Jul 12 2009, 07:57 AM

Wow-that is just great news!!!!!!

slphelan

Jul 12 2009, 09:51 AM

QUOTE (Berta @ Jul 12 2009, 09:57 AM)

Wow-that is just great news!!!!!!

Yes in my case in the DRO Decision she went 100% with everything that Dr. Bash referenced in his IMO as he established the nexus from my SMR. She quoted his IMO word for word. I think 1 claim was lowballed but for now that it was granted is sweet.

john999

Jul 12 2009, 10:00 AM

How do you like the Tampa VAMC? Have you ever found a parking place? I have Dr. Hodges as my PCP and Dr. Lowery as my shrink. Both are pretty good. Lowery is the best shrink they have.

Pete53

Jul 12 2009, 10:25 AM

Congrats very glad that you won your claim. If yho9u are satisfied good deal. If you think it should be more Hadit can help you with your appeal.

Wings

Jul 12 2009, 10:29 AM

x
x
x

Good work, congratulations!!! ~Wings

windy city

Jul 12 2009, 11:24 AM

Have a claim that is going to the BVA I just recieaved from the va a Statement of the case asking if I want to contiunue with the case or I dont. My claim is for sleep apnea I turned in two statements from veterans that were on active duty with me and witnessed my sleep problems but they still went ahead and denied it because there was no medical diagnose of the symtom. My ? is how much does buddy statement carry in a claim.I want to continue but I am to tired and sick to go on. Since I was diagnose with PTSD I have been taken alot of medications for which I have gained 40 pounds and it has affected my sleep apnea, Need some advice.

QUOTE (Wings @ Jul 12 2009, 11:29 AM)

x
x
x

Good work, congratulations!!! ~Wings

Pete53

Jul 12 2009, 11:32 AM

Windy your only real chance as I see it is to get a Doc to diagnose and connect to your service.

slphelan

Jul 12 2009, 12:46 PM

QUOTE (john999 @ Jul 12 2009, 12:00 PM)

How do you like the Tampa VAMC? Have you ever found a parking place? I have Dr. Hodges as my PCP and Dr. Lowery as my shrink. Both are pretty good. Lowery is the best shrink they have.

Its fine i think that since its so busy its going to be hard finding parking until the garage is constructed. I am on the Delta Team

navydoc2

Jul 12 2009, 01:11 PM

congrats, so is it safe to say when you get a brown envelope its a denial and white for approval?

windy city

Jul 12 2009, 03:59 PM

So if ptsd and and the madications I take for its treatment has cause me to gain so much weight that it is aggravating my sleep apnea could that be a nexus.

QUOTE (GruntDaddy @ Jul 12 2009, 02:29 PM)

Having buddy letters from service is great evidence of Nexus but a diagnosis is also important. Like Pete said, even with letters you will most likely need an independent medical opinion.

Here are the three requirements for service connection.

Requirements for the Award of Service-Connected Disability

Compensation. The award of service-connected disability compensation has

several requirements. First, the fundamental eligibility requirements discussed above

— service and discharge requirements — must be met. Then, for a veteran to be

entitled to service-connected disability compensation, the veteran must prove three

elements. These elements are: 1) a medical diagnosis of the current disability; 2)

medical evidence, and in some instances lay evidence, of the in-service occurrence

or worsening of an injury or disease; and 3) a link between the in-service-incident or

the worsening of a disease or injury and the current disability.59 If the VA is satisfied

that these three elements are proved, then the VA determines the severity of the

disability.60 The VA assigns a percentage evaluation from 0% to 100% for the

amount of disability that the VA determines that the veteran has sustained.61

halos2

Jul 13 2009, 10:54 AM

I am glad you won. Did you see Dr Bash or just mail all documents to him? What diag did you win on?

QUOTE (slphelan @ Jul 12 2009, 07:42 AM)

Started this claim in 2006 after getting of Active Duty in 1995. I was granted 10% and filed NOD for the 5 Denied Claims.
No nexus since I had been out of the Army since 1995 till 2006. Started PCP at the VA Hospital Tampa Florida.
Filed Notce of Disagreement DRO review that was rubber stamped: Denied.
Filed Form 9 and requested DRO Hearing.
Requested and obtained IMO from Dr. Bash. Hearing delayed as the C-file took almost a year to obtain. Rescheduled DRO Hearing.
DRO Hearing completed 04/2009.
Contacted by VSO by e-mail on 6/8/2009 rating completed by DRO.
Submitted Dependent claim 6/11/2009.
Regional Office St Petersburg Authorization Completed 7/8/2009 for all requested claims and dependents also.
Letter received 7/11/2009.
No Deposit in Bank as of 7/11/2009.

Thanks everyone for your help in getting this claim completed I would have had to settle for the initial 10% if I did not have you and your years of experience to fall back on and learn about the VA system. Now at 60% thanks again guys.

slphelan

Jul 13 2009, 11:19 PM

QUOTE (halos2 @ Jul 13 2009, 12:54 PM)

I am glad you won. Did you see Dr Bash or just mail all documents to him? What diag did you win on?

From Dr. Bash it was just an IMO not an examination (IME)