As you know my husband's friend was denied TDIU, cervical myelopathy and low back condition which was secondary to his right knee injury. I posted here several days ago under TDIU Denied if you care to get a background of TDIU. However, in VA's decision they used a Doctor's Progressive Notes which was never signed by a doctor nor states doctor's name on note to deny him service condition on a secondary basis. The note states in part: ".......These records document your reports as to the circumstances of your fall, to include stepping from your car and missing a step and falling, falling while making a delivery on the job, and falling after getting out of your ar, however, there is no indication that you reported that your fall was related to your service connected right lower extremity disability." It goes on to further state: The evidence does not show that residuals of cervical myclopathy, Brown-Sequard Syndrome, with quadriparesis, status post anterior discectomy, fusion, and plating at C3-C4 is related to the service-connected condition of residuals of fracture right tibial tubercle with osteoarthritic changes and chronic chondromalacia of the knee. Therefore, service connection, on a secondary basis is not established. Furthermore, as there is no evidence of this diability during military service, service connection, on a direct basis, is also denied.
As you know he has a signed Hospital Consultation Request signed by Hospital Nureo Surgeon stating that he fell because of his right knee service connected injury,which VA conviently failed to use. Consultation Request was done on o8/5/08 and Progress Note was done 8/15/08. Vet denies emphatically telling anyone "that he missed a step and fell."
My question is do anyone know whether VA can use an unsigned Medical Report without doctor' name on it as evidence to deny a claim. If there is a regulation on this please post.
Question
Charleese
Hi all,
As you know my husband's friend was denied TDIU, cervical myelopathy and low back condition which was secondary to his right knee injury. I posted here several days ago under TDIU Denied if you care to get a background of TDIU. However, in VA's decision they used a Doctor's Progressive Notes which was never signed by a doctor nor states doctor's name on note to deny him service condition on a secondary basis. The note states in part: ".......These records document your reports as to the circumstances of your fall, to include stepping from your car and missing a step and falling, falling while making a delivery on the job, and falling after getting out of your ar, however, there is no indication that you reported that your fall was related to your service connected right lower extremity disability." It goes on to further state: The evidence does not show that residuals of cervical myclopathy, Brown-Sequard Syndrome, with quadriparesis, status post anterior discectomy, fusion, and plating at C3-C4 is related to the service-connected condition of residuals of fracture right tibial tubercle with osteoarthritic changes and chronic chondromalacia of the knee. Therefore, service connection, on a secondary basis is not established. Furthermore, as there is no evidence of this diability during military service, service connection, on a direct basis, is also denied.
As you know he has a signed Hospital Consultation Request signed by Hospital Nureo Surgeon stating that he fell because of his right knee service connected injury,which VA conviently failed to use. Consultation Request was done on o8/5/08 and Progress Note was done 8/15/08. Vet denies emphatically telling anyone "that he missed a step and fell."
My question is do anyone know whether VA can use an unsigned Medical Report without doctor' name on it as evidence to deny a claim. If there is a regulation on this please post.
Thanks in advance for your replies.
Link to comment
Share on other sites
Top Posters For This Question
4
2
1
1
Popular Days
Mar 17
8
Mar 18
2
Top Posters For This Question
Charleese 4 posts
carlie 2 posts
Philip Rogers 1 post
jbasser 1 post
Popular Days
Mar 17 2010
8 posts
Mar 18 2010
2 posts
9 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now