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Denied across the board

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tdubya82

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Remember, its not unusual to get denied and get the benefits later on appeal.  About 85% of claims are denied on the first round.  I had 19 RO decisions over 13 years, and only 3 actually awarded benefits, about 15.7%.  

For those who's appeal makes it to the BVA, 46% are remanded and another 29% are awarded.  This means 75% of the claims that are appealed to the Board are wrong.  (Some are awarded upon Administrative or DRO review.)  You just have to appeal like the rest of us.   

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broncovet,,

  I think the issue is that the are denying almost anything that MAY link to GWI.  They deny for etiology, or lack thereof, when that is how they define it as qualifying.  Every single item that the examiner used the GWI exam for on my claims were denied for the same reasons as above, even though I retired and was not officially anywhere in the Gulf for 7 years while still on AD.  IF the examiner had not put it on a GWI DBQ, I am confident I would have SC; instead, categorically denied.  I cannot presume to know exactly what game they are playing, but something is going on behind the scenes.

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tdubya82

I've told this story before but the same thing happened to me about 9 months ago. My 4 hour Gulf War CP exam only took 20 minutes and the Doctor never made eye contact with me. He spent the entire time, typing on the computer with very little interaction with me which was odd. Despite currently having 4 of the 7 Primary GWI Symptoms confirmed by the same examiner, my claim was denied. At least for me, I've found that a large number of doctors that do these GWI exams just don't believe that it exists? So, when you get one of these Drs, there's not much you can do besides getting an independent Medical Exam or Opinion and challenging the results? The doctor also told me not to talk during the exam and that he would ask the questions. It was very clear that he had made up his mind before I ever showed up at the appointment. I would venture to guess that few if any of the vets that came to him for a GWI CP Exam were ever given SC for GWI?   However, of note is that there is a new blood test from a company called VirusScan that can detect almost any disease or malady that a person has ever been exposed to. It's still in the test stages but, once it goes commercial, I plan to get the test and use the results to reopen my GWI Claim. That all said, it's very common for GWI's claims  to be denied and it's always going to be an uphill battle.   Good Luck and goodspeed,..

 

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It could be a good Idea to take a note pad with you to a C&P and take notes   if you come to a question that the examiner thinks is not irrelevant to your claim  then jot that down or anything that they think is irrelevant, also ask the examiner for his/her qualifications for the exam do this at the end of the exam and jot down what he/she states.

when they see a veteran is on top of his claim and takes the exam serious  those examiners will do a more better job and probably to your favor.

I always wonder how the raters come to their decision? there not Dr's but have a manual to go by and a lot of it is their interpretation of it....and there ''MOOD''

 

jmo

.............Buck

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