10 CAVC Cases Every Veteran Should Know - Part 2

[@CCK_Law]

That wraps up our series on the Top 10 Court of Appeals for Veterans Claims (CAVC) Cases! Did we miss any good ones? Did you learn about a Court decision that might help you in your case? Let us know in the comments.

[@sarabellamoore]

Yes Chisholm has a wealth of experience.

[@maferr6404]

Would Mittleider apply to a treadmill stress test where the rater amd examiner said that the METs level was confounded by orthopedic conditions or obesity and couldn't determine the METs level?

[@bayadger6970]

DeLuca vs. Brown absolutely applies to me. I'm having multiple musculoskeletal issues which have been denied for years. This video is definitely helpful.

[@CCK_Law]

@Bay Adger, thanks for watching! We are happy to hear you find our video helpful and we wish you the best of luck with your VA claims.

[@johnkelley6082]

Hello, I saw you 2018 presentation on 10 CAVC Cases Every Veteran Should Know. In it you talked about a veteran and a protected work environment. Does the protected work environment take into consideration being self-employment? I receive compensation for tinnitus and sleep apnea, I have a C&P schedule for insomnia and anxiety (depression?) today. I am waiting on a hearing for a claim for back injuries related to service connections, I had 2 back injuries while on active duty in the Air Force and 1 while on active duty with the Air National Guard. I own a kennel, we used to be open 7 days a week, 12 hours a day. Now, due to my back injuries and anxiety we have limited hours. So I am making accommodations in my business. Would this be considered a protected work environment?

[@sarabellamoore]

I was listening .G

[@trwashere5906]

Just this week I told a Pittsburgh case manager that Rice was applicable to my case. He knew to what I referred, but said that VA issued a policy that no TDIU, schedular or otherwise, will be processed without a submitted form. I'm raising the issue in a SOC I'm answering right now, and will state that VA is not meeting its obligation to assist.

[@johnnywebster8054]

Thank folks for your excellent presentation: I now know more about my case and why the VA made the wrong decision with my claim. Exposed to contaminated water in Camp Lejune (1980-81), I developed chronic kidney disease (2015, at age 55) of unknown etiology. I am 6:2 and 210 pound and never smoke nor used drug. No one in my family has this kind of illness. In 2018 I submitted a claim with a nexus letter along with the scientific information of renal disease and Camp Lejeune. The name of the study is "Morbidity Study of Former Marines, Employees, and Dependents Potentially Exposed to Contaminated Drinking Water at USMC Base Camp Lejeune: A Summary of Agency for Toxic Substances and Disease Registry (ATSDR) Study Design and Results (2018)".- There it says clearly that: “Exposure to PCE was associated with an increased risk for bladder cancer and kidney disease in Marines.” However, just this week my claim was denied, based in the opinion of a VA Subject Expert: while this person was not a kidney specialist, and didn’t fallow the information related with my biopsy nor adhered to newest scientific finding about this disease (her argument was based on a research paper written in 2009); her opinion was given more credit than that of a kidney specialist with over 20 years treating patients like me or of the scientific finding ATSDR (2018). My weight and race are some of the mechanical factors the VA Subject Expert is associating with my condition of kidney failure (after listening to you now I know where the VA was wrong). However it clear to me that the VA uses these “Subject Experts” to cover their actions. In fact, the letter written by the subject expert, says that I have probably smoked or used drug in the past; such allegation is totally false. Moreover, the subject expert was cherry peaking information here and there and never addressed the issues of the ATSDR report nor the nexus letter that was written from my doctor. At list two of the laws you have mentioned here were violated. It's important to have a lawyer when dealing with the VA: they are not your friend!

[@jeremiahnorman]

Basic training medical infection air-compression experiment coma two months fort Knox Kentucky \ violence, depression, anxiety, hair fall out - fort Eutuse psychologist for mental health \ fort Story VA training involving loud noises, chemicals - oils - ear, skin damage other's. Veterans affairs lost my medical records twice. I opened my case in 1970 with an attorney Mr Gains now deceased sadly but refused to be acknowledged by my government James A Haly veterans affairs refuses to reopen my case each year and with that ignores the fact of my medical records mystery? Twice

[@josephsouth4795]

Many entity's with Evil behind them