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Bva Denial..can I Just File A Request For Reconsideration
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emptyshell
This may be a lame question but if you have a BVA denial...can you just file a request for reconsideration back to the BVA instead of going through the CVAC
The BVA denied my request for an increase on my L2-L3 fractures in Nov 2010. This issue was on remand and vacated several times throughout 1996-2008. BVA always vacated and remanded the issue back to RO stating they should afford me a Neurologist and a Orthopedic specialist to do the C&P exams. RO has never done this!! RO would send me back for a C&P exam with a general Physician. I was sure that when the BVA saw that RO still denied me what theyBVA) requested, they would remand it back to the RO...but this time they just denied me. BVA clearly are going against their own remand order.
While it was in BVA hands, we wrote a formal statement to my case requesting that BVA remand the issue back to RO for not following the BVA remand again.
BVA basically stated that RO had performed enough exams for them to make their decision of denial. This decision was based on a ARNP's statements.
The ARNP never read my medical history. ARNP stated that I had no surgery as of June 2008. I had just gone through surgery March of 2008 for Prostate Surgery. ARNP stated I performed actions I couldn't physcally have done. The number ONE issue for BVA's denial is that the ARNP stated I layed on a bed and raised my legs to a 90 degree angle. She stated I had no incontinence or erectile disfunction( had prostate surgery 2 months prior to this 2nd C&P Exam)
I had previously had a C&P exam for my lumbar issue 6 days prior to prostate surgery. This was done by a General Physician at the hospital. I feel the RO didn't like what he had to say so they sent me back to this ARNP who is notorious in weakening vets cases in an increase. Found out some vets were going to try and take out a class action lawsuit against this ARNP. I do not know what came of that...more and likely nothing.....
I wonder by proving I had Prostate surgery and showing ARNP made false statements as well as bringing up the fact BVA stated in their own decision to afford me a Neurologist and Orthopedic Specialist to carry out the C&P exam.
Previous examiners have stated that a Neurologist is the only one who can make a determinination on my soft tissue damage. But RO always denies these examiners. I just think it is a "No brainer" and wonder if I really need CAVC assistance....what would you do????
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