Renal Cell Carcinoma

Discussion in 'Cancer' started by litebright66, Jan 22, 2005.

  1. SFC Ret

    SFC Ret New Member

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    re: Still waiting...

    Yep... still waiting but at least I am told that my request for a reevaluation hearing should be coming up sometime this year.

    win or lose - a final report will be made; others that may have the same situation occur will know what to expect or at least what they'll need to present their case.
  2. SFC Ret

    SFC Ret New Member

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    Ok... quick update. Still working on my case; submitted my NOD (Notice of Disagreement) in October 2008; shortly after that got a SOC (Statement of Case) and submitted that. According to my VA rep, it will be a while more but odds point to October this year for my hearing. The roving board is already here and running for the week and they do 2 video conference boards, one in October.

    So far I have laid everything out and my VA rep says he'd like to see my case go all the way to the top; only because it may set a precedence for others that were/are in the same situation that I am in.

    We feel the regulations (CFR) was written to aid the service members in their compensation claims while they served their country; however, some DVA reps have taken into account their own interpretations and applied them in their ratings and have done so for years. My goal is to set the record straight and hopefully change the train of thoughts back to where it should be; and my DAV rep agrees with me and that is why I have been patient.

    I will keep in touch and update as this goes along.
  3. SFC Ret

    SFC Ret New Member

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    Nada. No confirmation letter sent so no hearing in Oct; however, I do have a friend that works in the VA and was told that my case is old and should be heard by the travelling board in May next year. Yeah it takes a while....
  4. SFC Ret

    SFC Ret New Member

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    Well... still waiting... lol so what's new. Hope everyone had a Merry Christmas and looking forward toward the next year...
  5. SFC Ret

    SFC Ret New Member

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    Ok... got my notice for reevaluation and hearing this month. As stated, I will update this page since I truly feel that sometimes raters do under-rate the disability. Since there is reasonable doubt involved, it is a strong possibility that my case could be reversed in my favor....

    In any case, I will tell all since it might help someone else with the same problem, and at least you will know what one has to go through, in the process.
  6. SFC Ret

    SFC Ret New Member

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    Ok... went to my hearing yesterday and as expected, it was short and concise. Restated the case in front of the judge and pointed out key elements to consider. Took all of 15 minutes tops.

    My DAV rep says it might take another 3-4 months before a decision is rendered.
  7. SFC Ret

    SFC Ret New Member

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    Had my hearing with the travelling board... took all but 15 minutes out of the allotted hour. That was expected, cut and dried, swore in, affirmed my case and nothing more to add to what was already sent in.

    One thing to note, do your homework and research on whatever you are going to present. Make sure you have all the facts and events if pertinent.
    It won't guarantee that you will win your point, but it will sure help it.

    In any case, my case is being transcribed and it has been docketed. Whenever they get to it, they'll make a decision then.

    You can also track your case on va.gov under bva (board of veterans appeals); if you have a cac card, you can log in with that, else you may need a ds logon account. search for ebenefits in that section.

    Board of Veterans' Appeals Home
  8. NamVet7

    NamVet7 New Member

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    A.O. Service Connection Renal Carcinoma

    2 Aug, 2011 VA Final Decision for Agent Orange service connection, Renal Cell carcinoma, post Nephrectomy with pulmonary matastasis.

    Rated 100% code 7528-7500 Malignant neoplasm's of the genitourinary system.


    Rated 100% code 6819 - Neoplasms, malignant, any specified part of respiratory system.

    Rated 100% Prior to this decision.


    Granted SMC Back to filing date of march 2005
  9. SFC Ret

    SFC Ret New Member

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    Ok... got my ruling. not approved. however, their explanation was based on past cases and not even addressing my write up. though I could appeal the bottom line is that if you are not going to the hearing in DC, chances are you have to abide by "their" findings... and you have no say since you are not there. I do not feel like waiting 3 more years... however, I do feel that the verbiage needs to be clarified as it is very vague and not even close to the outcoome.
    Good luck to others waiting, you may need a lawyer instead. ;-)
  10. SFC Ret

    SFC Ret New Member

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    Great! Good for you...
    My renal cell carcinoma was T3 and got it before it went T4.... hope you got it in time.

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