Navy4life

"One question I have is , is this not enough to get the VA to reverse their decision or at least sc me for the New diagnosis?"
I feel it should be enough to SC you for the new diagnosis.
Are you 100% sure the VA has this 2015 favorable opinion?
Was it sent in with a cover letter or 21-4138 or anything that specifically stated: Attention to and then followed by the initials that appeared in the numerical-aphabetic code above the date on the decision letter?They are the initials of the last person who handled your claim.
Did the lawyer who advised CUE, offer their legal bases for the CUE?
Did they also recommend filing for Reconsideration with this N & M pro0bative medical evidence? I dont think that would work though for a better EED
 
 
"Dr. Owens a VA Medical doctor specializing in Gastroenterology medically opined at a C and P dated December 7, 2015 “In my medical opinion his prior denial of service connected status on 2/13/04 was in error in not recognizing that his medical condition, present since 5/31/01, is irritable bowel syndrome, constipation predominant”.
Did you have VA medical care 'since 5/31/01' for the constipation?
If so, did the lawyer suggest you might also even attempt  a Section 1151 claim, since I assume the treatment for IBS is different than for
constipation.( I think) and I also wonder if improper constipation treatment by VA could have made the IBS get worse.
Others might well disagree with my 1151 question...but we have to not only think out of the box but try every way possible to succeed sometimes in our claims.
The medical statement of 2015 calls error in the rater's lack of knowledge of the actual condition, but that could be used to show a lack of knowledge in the VA doctor's ability to properly treat you for the right condition....if the VA treated you for the constipation prior to this recent decision.
 
There are more ways than one to skin a cat..
I think the lawyer didn't mean to file CUE on the recent decision...I think he/she meant to file CUE on the 2004 denial.
Can you scan and attach here the 2004 denial (cover C file # etc prior to scanning)?
Unless I am misunderstanding this, that 2004 decision might well hold the legal error for more retro but hard to tell without reading it....to include the Rating sheet.
The VA will need a copy of it too ,if you CUE the 2004 denial.
 

At minimum constipation is found in 2016 ICD - 10 – CM diagnostic code K59.00 constipation unspecified.
 
^^^^^
i would not out this in your NOD. your basis for this entire fight is the fact they should have awarded you in 2004. That there above indicates you could agree with a 2016 award thus losing any possible retro or SC to 2004!
just my .02

Well I am glad I am now 60% and able to have the care I need.

Certain types of treatment are exempt regardless of SC status. There is also a means test which can waiver co-pays for veterans SC at 40% or less, but it is still 50% SC for across the board exemption.
http://www.va.gov/healthbenefits/cost/copays.asp
 

USAF-Vet;
C&P exams done by a VA facility are available in MyHealthyVets.  C&P exams done with Contractor's can be requested (see my image attached from my QTC documents).  The VARO is correct to a point, most QTC exams you can't get them until after the decision but it's worth a try to call per the attached document I provided and see.
As far as an examiner stating to you %, I wouldn't get my hopes up on that.  Technically they shouldn't say that b/c they are not a rater.  However, if they are obviously stating this, then your C&P exam sounds favorable.
Sounds like you are about done so I wish you the best!

yes mam  I did,
I am just confused rather or not to just keep it going for a while incase I do need to file another claim?
or  just call and tell them to withdraw the 1-22-16 intent to file.
if they treat this as a ''new claim''  its probably ok to just let it wait itself out   because right now I don't know if I will be filing another claim or not?  if I'm satisfied with my active claim   I am finished with VA Claims.
 unless I come up with an Agent Orange Disease later?

I may need Ms berta or Asknod, jbasser, broncovet,USMC_VET  to help me get out of this mess  eh!

What NOD Appeals path did you choose, DRO Review. DRO Hearing or BVA Hearing? Have you filed the "NEW FDC" or Rag Axx claim, for your MH condition?
Semper Fi

So to hear what you are going thru. You have to remember that a very few % of Vets actually get SC for all of their initial conditions claimed. The VA always wants us to give up, therefore less Benefits and $s to Grant. I have had 4 FDCs and over 30 C&Ps at 2 VAs and 3 VBS clinics. It took that many C&Ps and DRs to grant what was already there when the Navy Medically Retired me 2 years ago. Thanks to the Good Folks on Hadit, I took the time to learn and challenge the VA. I never submitted any NODs or Appeals. I did not want to fight the VA for years, over what I knew was there. So I just kept Reopening the Conditions thru Ebenefits and Filed FDCs. Guess what all but a few were granted SC at high %s, that was with my original Medical Evidence, I did not get IMO or NEXUS, as the Evidence was there all along, I just had to make the VA and ROs open their dang Eyes and Ears.  I totally agree with Pete above info, he is right on the Money. Good luck and keep us posted. God Bless

Andyman
good advise above
 Just wait until you get the official letter '' if ''your denied on all your contentions  post their reason and bases for the decision
you are entitled to a new C&P  if you feel the one you had was inadequate , although you may need to get Private specialist to  examine you and give his/her opinion (it could be well worth the $$)
do you happen to have a copy of your C&P?
I don't think the rater (varo)  should have stated ''I can't go against the examiner'' (jmo) raters are suppose to look for inadequacies, although they rely on the C&P Examiners opinion its there job to make sure all evidence was considered , in your case its obvious it was not.
so sorry your having to go through all this BS I think most of us have been there at one time or another
Just hang in there and keep fighting them Buddy
...............Buck

Mike, I know its aggravating as he!!, but I would take your str's, or VA/private medical treatments that show ANY gulf war symptoms, HIGHLIGHT the symptoms and maybe attach a statement in support of claim listing date of treatment/doctor/symptoms, and send it in asap, even though they already have it. Make it as easy for them as possible. Good Luck, and please keep us updated.

Good Luck at the exams Navy4life!!

So I just got a FedEx envelope with my C&P exams.  One is for my L ankle synovitis increase and my other C&P exam is for my PTSD increase.  Both are scheduled for February 4th, 2016.  Pretty excited I got them so quickly.  I just filed my FDC on 1/12/16 but I think a lot of "fast tracking" is going on with my situations.
I put my FDC in originally for my 100% temporary convalescence, increase for L ankle synovitis, and PTSD.  
Going to have to get a lot prepared coming up next month!  I have these two C&P exams (QTC) and I have my NOD (DRO Hearing) next month as well!  Should be an interesting month.

Sorry you had to go through that C&P exam.  After reading it, I too agree, that you need another C&P exam for PTSD evaluation.  
I am glad you got your other S/C contentions, now you can fight for the PTSD rating!

I'm sure it will, Navy4life, your on the ball! That's the way to win your claim!!

Thank you for posting that, Navy!! Did you also read the "Junk science invades VA like ants at a picnic", Mr Attig tells you the exact wording to challenge a c&p exam!! Also the DRO Case study was good info as well. I am not a computer genius by any means, I would like to post a hyper link so vets that need to challenge their exams could look it up. I'll have to ask my eight year old son to show me how tomorrow, haha. (I'm serious, though).

I just sent the email to my congressman and I have the form already filled out and ready to go when they email me back for it.  I hope this works!
Thanks, again!

Your welcome, Navy4life, i hope that helps, best of luck!!

Since a lot of us are on this topic, I came across this article that I am sure has circulated out there but it is really informative!  Most Vet's, including myself do not really know what to do when they receive that BBE with denials.  I was fortunate enough to have good people on this site to guide me.
http://www.veteranslawblog.org/dro-review-2/
When you file an NOD, you should ALWAYS state in the NOD NOD 11.18.14_Redacted.pdf (mine is attached here) that you SPECIFICALLY request a DRO Hearing!  The misconception with most Veteran's is that they think they can request a "reconsideration".  A lot of VSO's trick Vet's into thinking so but no there aren't any and if you don't request the DRO hearing in your NOD, you will wait even longer.
When preparing for the NOD, as I have learned from many here, I need to be WELL prepared!  I have to ensure I have what I need in order to make my point!  One good question to ask at the DRO Review Hearing:
1) Ask the DRO to suggest to you the evidence that may have been overlooked that you should submit to support my claim?
The attached article is some sound advice.

Flores97;
I will try and do that...thanks!

Navy4life, you also might want to contact your local congressman's office, tell them you HAVE to have those records for your hearing. They will send you a privacy form to fill out and send back to them, and when I did that, I had my complete cfile a week later(after waiting 2 YEARS!). Since your hearing is already scheduled, it cant hurt to try to speed up the records request. Good Luck!!!

Buck
Thank you!  I am doing this now!  I am going to fax from my house tonight and I will follow it up with sending it via FedEx!

Just always remember it comes down to your creditable medical records (history of evidence)  private or VA and how the Dr Words your nexus, Basically  Medical Evidence is our only defence & catch the VA in error. 
How do we make sure they even read all of our evidence or over look the evidence? DRO Hearing is your perfect chance to do that. Also you can look the DRO face to Face and present your evidence and what ever you need to tell him/her.
I believe all DRO Hearings are recorded and you will be sent a transcript of everything that was said on record  formal or informal.
I will say attitude plays a big part at your Hearing.
Some veteran will disagree about having a DRO Hearing but my guess is they didn't win at that level and had to appeal to the higher courts   which in turn takes a lot more time to Adjudicate the claim.
Go in with a good attitude and good evidence and you will prevail
Would I feel this way if my DRO Hearing turned into a deny?   Probably so.
We do need some guidance/knowledge along the way and we take that guidance/knowledge  and use it!
 
................Buck
 

N4Life-I understand the letter was for the FDC. It still doesn't pass muster on the records review. The CAVC has taken several different tacks on this. In Jandreau, the Fed. Cir. said it was not paramount that the doctor read the c-file or contemporaneous medrecs. Other CAVC panels have decided otherwise and affirmed BVA decisions that denied predicated on the lack of review. Why take a chance. Get your service medrecs, copy them and give the podiatrist a copy with the request for a tune up saying he/she reviewed them. It may mean the difference between an easy win or a long BVA/CAVC appeal . Do you feel lucky? Huh? Do you? 
Buck's nexus blank here is good ammo. To add to it, I'd suggest this:
http://asknod.org/6051-2/
When doing Hep C claims, I always advocate for two letters. How you hornswoggled one out of a VA doctor is amazing. They were instructed to cease and desist in 2010 by the VBA and Shinseki because VA was paying doctors to defeat their denials. That was also when they shifted over to only allowing VA shrinks to do bent brain syndrome.

Good luck. Please keep us informed. I am trying to learn more about this stage/ process. I wish you the best.