Bva Denial..can I Just File A Request For Reconsideration

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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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I had never had the ARNP more than once. I can prove the ARNP was in error due to remarks in my C&P exam that there were no changes from my last C&P exam which was just 3 mos. prior. ARNP neglected to note that I just had my prostate removed. The 1st C and P exam was done by a general doctor who I had seen prior for a C&P exam for the same issue few years before. Dr. C&P exam would have rated me to at least a 40%. But the RO threw out what he stated and used that ARNP's finding which stated there was no change in my condition. I actually performed better than prior to my prostate surgery. Stated I got up on on a table and lifted my legs with ease to a 90 degree. I never even got on a examining table and did this to begin with. ARNP also pushed down hard on the top of my head and when I said that hurts...ARNP remarked that it was unwarranted.

I have been dealing with neck issues and just recently went back into the VA hospital and they xrayed my neck and found I have DDD. This issue has been going on since my auto accident in the service but never really looked at until just recently. So the pain that the ARNP which states as unwarranted is truely warranted. I will be filing a claim on my neck as well.

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Also..I just recently went to a family doctor outside of the VA hospital. Dr. has referred me to a Neurologist and will be setting up appt soon. I finally will see a Neurologist after all these years...VA would never allow me that.