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Can expect a favorable outcome?

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Draw808

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Requested a DRO review and and the VA finally did another C&P exam that had a medical opinion this time (last C&P exam did not have a medical opinion). The C&P examiner stated "The condition claimed was at least as likely as not (50% or greater probability) incurred in or caused by the claimed in-service injury, event or illness." The examiner gave a clear and reasonable rationale for his findings that my service records shows a history of the disability ect... I read my entire C-file and there is no negative or contradictory evidence in there.

Nothing is always certain especially with the VA so my question is can I reasonably expect a favorable outcome?

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I say Yes!!! but no one knows what the VA will say.

 "I read my entire C-file and there is no negative or contradictory evidence in there"

GREAT! They look for negative stuff in SMRs too but I really think you will be OK.

 

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2 minutes ago, Berta said:

I say Yes!!! but no one knows what the VA will say.

 "I read my entire C-file and there is no negative or contradictory evidence in there"

GREAT! They look for negative stuff in SMRs too but I really think you will be OK.

 

Thank you!

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  • HadIt.com Elder

I maybe  out of line here

but I had a

VA C&P Examiner said some bad hings about me in his report , things that he went back 30 plus years to try to get my benefits taken away.

Proposal  letter to reduce back to% was sent  I elected a DRO Hearing at my R.O. in person and a rating specialist was present too.

anyway he (C&P Examiner) had said many lies in his report to discredit me.....it never worked for him, I had to see a private specialist to straighten it out.

 Lucky for me the DRO Believed my specialist Over the VA C&P Examiner....but his report is still in my C-File, I ask the DRO to remove his report from my C-File and destroy it...DRO said he can't do that because its an officially Documented Record....However  he also said once my claim was decided /approved  the VA can't go back and use his report against me & its now considered a closed claim.

this was back in 2002

Edited by Buck52
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I requested my C-File five month ago and still haven't received it. They say if or when you request your file you shouldn't put in a claim because that will slow it down due to the VA still updating your file or you have something pending....is that true?

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Who ordered this recent C & P?

Could you post a redacted copy of the C & P DBQ? You should see a copy of it, on your MHV site, under clinician Treatment Notes.

You indicate that your Requested a DRO Review.

What "New & Material Evidence," not available for the original Rater's  review, did you supply?

RickyDee, never wait on a C-File Delivery request, to file a claim. At the very least, begin the FDC Claim on your E-Ben site to lock in your Retro.

Things may and could have changed, but unless there's some Magic Dust being sprinkled at the VA, FOIA C-File requests can still take up to 14 mos to be delivered. Way too long to wait before filing an Appeal or New Claim.

Semper Fi

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  • HadIt.com Elder

Well if you request your C-FILE before you submit a claim it's better because you can submit an ITF (Intent to File) its good for 1 full year  Keeping your EED, & this gives you time to gather more evidence for your claim & request your C-FILE

 Submitting a claim first and then Request your C-file could possibly slow your claim down because they (VA) have to track your C-FILE  Down if its been requested.

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