Legal Question in Veterans Law in Texas

missing evidence

I just got my decision from my video conference with the BVA. The claim was once again denied. The bva stated they sent my records for a second opinion. The second opinion stated my labor and delivery record was not forwarded, however they gave their opinion anway, and once again my claim denied.My service connect is for hysterectomy post uterus prolapse, which was caused by my traumatic labor and delivery while in the military. There is no way that doctor could have given an opinon without my labor and delivery record. The BVA threw out my testimony they stated I wasn't a medical doctor. I only spke facts made by doctors who studied and reseached uterine prolapse. There is obvious evidence in my medical record but they can't seem to find any of it. When i came into the military my uterus was anteverted (normal) which is not prone to prolapse;after the birth of my son, still in the military, it changed to retroverted; which is prone to prolapse. yet the va states there's no evidence my uterus prolapse in the military or from any incident that happen while in the military. It obvious that the va is overlooking vital evidence that would support my case. Is there anyone i can speak with befoore the case goes to court? help


Asked on 5/02/08, 10:00 pm

2 Answers from Attorneys
Jill Mitchell-Thein Heard & Smith, LLP

Re: missing evidence

Feel free to email me and send me a copy of your decision. You only have 120 days to appeal to the Court, so don't let any more time pass. I am in the San Antonio area. I've been practicing VA law exclusively for 8 years. Let me know if I can help further.

Jill Mitchell

5780 Rawhide Trail

Bulverde, TX 78163

[email protected]

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Answered on 5/03/08, 11:53 am
Michael Eisenberg Law Office of Michael D.J. Eisenberg, Attorney and Counselor at Law

Re: missing evidence

My office handles VA appeals. You may have some options; however, I need to know more details to better assess the situation.

Feel free to contact me if you would like to set up an initial consultation, free of charge. If we set up an appointment, I'd be happy to initiate the call in order to save you in long distance charges.

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Answered on 5/02/08, 10:43 pm


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