mos1833 Posted October 7, 2015 Share Posted October 7, 2015 quick question, if the ro denied my claim in 1985 and called my back injury a defect,with no doctors opinion.just a interpretation from a x-ray..which clearly chronic changes of my condition. would or should they have considered gen.coun.prec.82-90 or were they correct.below are the records.i hope they open ok ??? hadit 2.rtf hadit 2.rtf hadit 7 this is the one.rtf hadit 7 this is the one.rtf hadit 2.rtf Link to comment Share on other sites More sharing options...
0 mos1833 Posted June 13, 2016 Author Share Posted June 13, 2016 thanks guys what if i open a new claim, for a congenetial disease.of my back ?? because 82-90 supports that . berta if they discussed 82-90 with my claim i didnt see it sorry, i dont read and or write very well Link to comment Share on other sites More sharing options...
0 mos1833 Posted June 20, 2016 Author Share Posted June 20, 2016 i may need to start a new thread because this one is pretty large,but before i do i just wanted to get your thoughts on o'bryan,and what its got to say about defects . i think this is what will make my claim winable. and its direct on the same problems i had all along with my back claim. and it rule on 82-90 and 67-90 is retrospetive. he file a cue, will i need to ?? or can i just ask them to reconsider useing the correct regulations. thanks . Link to comment Share on other sites More sharing options...
0 Berta Posted June 21, 2016 Share Posted June 21, 2016 Can you give us a link to O' Bryan? and also a link to your CAVC decision? This is one of my past posts to you: "The full Pres Op is here http://www.va.gov/ogc/opinions/1990precedentopinions.asp Since the denial, has any doctor described the condition as not congenital? Although this OGC opinion was rendered in 1990, it does reflect an opinion they rendered in 1985 with no basic changes I can see in it. If you have consistent medical treatment records for this condition and an independent opinion that this never was a congenital 'defect' and that it is still at a ratable condition and if you garner SC (I assume you have a new claim pending with continuous treatment records), with an award you could attempt CUE on the 1985 decision as it was binding on the VA at that time. (That is the 1985 Pres Op was)..if it was at a ratable level at that time (1985) Did the VA give it a NSC percentage on the rating sheet? I feel the X ray narrative was a medical opinion. Have you had any C & P exams since then? Has any doctor who treated you changed the diagnosis that appears in the X ray narrative?" And to add...has any doctor found the post service injury (Workman's comp) had been superimposed on an inservice injury? Link to comment Share on other sites More sharing options...
0 mos1833 Posted June 21, 2016 Author Share Posted June 21, 2016 (edited) berta thanks i have had 2 or 3 c/p exams over the years, and all they seem i agree with what was opined before them. and yes i had x-rays to say no defect was seen, o'bryan v. mcdonald just google it,as for as my claim at the cavc just type my name mark nunley. youll see all my claims there for that court . but my claims at the board has more information, 95-42 640. as of now i read another claim that fits in very well with o'bryan its not a prec.opinion but he used o'bryan and won., well worth a reading. ;; his name is gary e. stark 15-0829 and yes i have been treated by the va since 1985 as my only provider. there is so much wrong with my claim,not my fault, in 1985 i dont know what they meant they denied s.c. but still ratyed it as 52-99 - 52-95 i cant rember the percentage. i know that if i ever want to file another cue ,it should be now referring to stark. thanks again berta obryan.rtf Edited June 21, 2016 by mos1833 Link to comment Share on other sites More sharing options...
0 mos1833 Posted July 21, 2016 Author Share Posted July 21, 2016 On 10/7/2015 at 10:02 AM, Berta said: I dont even know if the VA would re open a case that was lost at the Federal Court level. berta i went to the federal court, because the secretary appealed the courts decision . and the fedes ruled in my favor,it took six 6 yaers Link to comment Share on other sites More sharing options...
0 mos1833 Posted July 22, 2016 Author Share Posted July 22, 2016 On 10/7/2015 at 10:02 AM, Berta said: I dont even know if the VA would re open a case that was lost at the Federal Court level. berta i went to the federal court, because the secretary appealed the courts decision . and the fedes ruled in my favor,it took six 6 yaers Link to comment Share on other sites More sharing options...
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mos1833
quick question, if the ro denied my claim in 1985 and called my back injury a defect,with no doctors opinion.
just a interpretation from a x-ray..
which clearly chronic changes of my condition. would or should they have considered gen.coun.prec.82-90 or were they correct.
below are the records.i hope they open ok ???
hadit 2.rtf hadit 2.rtf
hadit 7 this is the one.rtf
hadit 7 this is the one.rtf
hadit 2.rtf
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FormerMember
VA is constrained to look at 38 CFR 3.303(c): (c) Preservice disabilities noted in service. There are medical principles so universally recognized as to constitute fact (clear and unmistakable proof),
ketchup56
Superimposed. ....That's the magic word . It Clearly states in the x-ray report that Superimposed Osteoarthritis was caused by the original CONGENITAL /ABNORMALITIES therefore if osteoarthritis is
FormerMember
One thing I try to impress on you claimants is that the VARO is invariably wrong. They are always in a rush and top sheet everything. If they do not see it in the top three or four pages, for all inte
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