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Greetings to my Hadit family.
I am not the sharpest tool in the shed but the tools that I do have can still accomplish the mission. Someone out there please make me smart and help me understand. Why does the VA require a C&P examiner provide and rationale but the doesn’t really consider the rationale especially if it is a rationale in favor for the VET.
I will give an example.
In the past, I have been filing for cervical and lumbar strain due to an incident that happened while in service. (Motor Vehicle Rollover). I have filed for this claim for a total of 4 times. The last denial, I did actually did a NOD which was issued a soc. Yes I lawyered up and its on appeal at the BVA level. All is annotated in SMR’s as well as VMR’s. The C&P examiner which is a Nurse, basically opined less then likely incurred or caused by the claimed in-service injury, event or illness. (denial from 21 jump street), then her rationale: although STR notes was treated for an acute neck strain after a MVA, it is the opinion that the veterans neck pain/ was treated in service had resolved as there is a pattern of lack of evidence of a continuum of a chronic neck disability in military service and in time immediately after service and that the veterans complaints of neck pain, spondylosis with foraminal stenosis is a separate and distinct process not related to military services.) How does she know that. There were no x-rays or MRI’s ordered while I was in the emergency room after the accident. The decision letter stated just that verbatim. I did have my PCP at the VAMC do a IMO and she did put as least as likely but still denied do to no strong rational. I had no further injuries post military for my neck. I even submitted my entry exam. Had multiple injuries in that vehicle rollover, (shoulders and knees). Shoulder just got granted at 20%. Knees got denied.
I had reopened claim for knees. which was injured during the same MV rollover. But by getting denied several times, I took a different avenue of approach and filed it secondary to pos planus. The VA examiner had given me that warm feeling that it was going to work but I guess the warm feeling was just gas. That did not go well at all even though she said that she was helping me. She opined that my bilateral knee condition is least as likely no related to pes planus. The rationale was: (The veteran has specific diagnosis for the left knee, as mentioned above(DBQ), and the right knee has a dx of recurrent strain. From the history, these are related to specific injuries in the service and not by the pes plans). Now whats ironic about this is that previous denial decision letter for the cervical spine stated the the rational but the decision letter for the knee did not.
Isn’t this kind of crazy that our VA system is against our vets or am I just crazy. I feel bamboozled.
Like bronco vet all all others had stated do not give up, keep all decision letters and never quit. The VA is looking for any loop hole to deny a claim, esp if you are very close to that 100.
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Greetings to my Hadit family. I am not the sharpest tool in the shed but the tools that I do have can still accomplish the mission. Someone out there please make me smart and help me understand. Why does the VA require a C&P examiner provide and rationale but the doesnt really consider the ra...