gen.coun. prec. 82-90

[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

[mos1833]

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

[mos1833]

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 .

 

[Berta]

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?

 

 

 

[mos1833]

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

[mos1833]

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

[mos1833]

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