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stumpy579

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About stumpy579

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  1. I believe there are 102 Veterans Law Judges. There all use staff lawyers to prepare the appeals before they make the final decision. I truly believe these lawyers make a decision and the judge agrees or disagrees with it.
  2. Pes Planus can be congenital or acquired. At one time VA would just deny any congenital condition by stating "by its very nature a congenital condition had to pre existed service". Now there is VA law that says a condition cannot be proven to have pre existed service simply because it is congenital. VBA still uses that "congenital" word to attempt to rebut the presumption of sound condition at entrance even if the condition you are attempting to service connect is not noted at entrance. VBA really wants to rebut the presumption of soundness because then you must prove aggravation. You had nor
  3. VBA will always try to use the word "congenital" as evidence the condition pre existed service even though it is not noted on entrance exam or within a short period after entrance. They are wrong and they know it but do it anyway. They try to rebut presumption of sound condition at entrance illegally. The only prerequisite for the application of the presumption of soundness is that the veteran's entry examination be clear of any noted diseases or disabilities. See Wagner, 370 F.3d at 1096. The Court has recognized that service connection may be granted for congenital diseases. Monroe v
  4. My claim was remanded 3/2019 for new exam. The exam took place 10/2019. So in my case it took 7 months for the C&P exam. Of course this was pre Covid. The whole remand process took VBA 15 months and resulted in an SSOC with some of the remanded issues not completed by the DRO.
  5. I have a legacy appeal that was remanded in March 2019 for a new medical opinion. I have the exact same message on VA.Gov that you have including the date. I also have 2 issues on the remand. The phrase "couldn't fully grant your appeal" may lead one to believe they denied one and granted the other or else why use the word fully at all. However with VA that is probably not the case. They may just use that same phrase whether it is a full or partial denial or full or partial grant. The wisest posters on this site will always tell you to wait for the envelope because that is the only reliable i
  6. It means they are supposed to expedite remands. They do not. Like any other part of the process the easiest decisions are done quickly in order to meet quotas and goals. It is known as cherry picking. They will deny it of course. My claim was remanded due to inadequate C&P 3/2019. All remand information requested was received 10/2019 and it hasn't been touched since. Why? Because again the C&P exam is a joke and the RO will have to write up a difficult SSOC and send back to BVA. Its shit work they don't like to do and takes up too much time so it sits. Also the new Ramp system needs to
  7. Has anyone used Dr. James Shields for a back or spine IMO? I believe he is in Georgia. I found his name on VA watchdog. If anyone used him did he provide a good IMO? Cost?
  8. If the VA sends you to a C&P exam a NP may very well perform it. VA will treat said NP's opinion as though it was written by The Surgeon General himself. If you present the VA with an opinion from a NP that favors your claim they will write it off as being almost as unqualified as your own opinion. VA routinely uses such a double standard. Get an IMO from a spine specialist if you can afford it and spare yourself the grief. The RO's will often take the unqualified VA NP or PA over the specialist but the judges at BVA won't.
  9. Changed to 30 Calendar days as of October 2019. You can request from information office at VA facility where exam performed after 20 "business days" but that would be almost 30 calendar days anyway. If you had xrays or labs with your exam they will still be in BlueButton after 3 days. https://www.myhealth.va.gov/mhv-portal-web/my-healthevet-va-notes-learn-more
  10. Changed to 30 Calendar days as of October 2019. You can request from information office at VA facility where exam performed after 20 "business days" but that would be almost 30 calendar days anyway. If you had xrays or labs with your exam they will still be in BlueButton after 3 days. https://www.myhealth.va.gov/mhv-portal-web/my-healthevet-va-notes-learn-more
  11. The overwhelming reason Vets need IMO's is because VA provides inadequate C&P exams. Most of these exams are performed by nurse practitioners and physicians assistants and even pediatric doctors. A Podiatrist performing a C&P for back and spine issues? No problem at VA. Most of the time these examiners are out of their league and just research to deny service connection or nexus. Unfortunately for Vets the RO/BVA treat the word of these examiners as gold. An exam by a MD whose specialty is the disability in question must then be brought in by the Vet to validate a claim by showing the
  12. This is what they were discussing on Fox News. https://www.prnewswire.com/news-releases/operation-1111-gives-veterans-concierge-level-health-care-at-no-cost-on-veterans-day-300938825.html
  13. It was changed by VA from 3 days to 30 days. My last C&P was 8/2015 so sometime between then and now this anti claimant change was made. Why was it made? For no other reason than to deny a claimant access to C&P in order to make the process more difficult on the Veteran. In my case the RO has C&P results now and can make a decision well before the 30 days it will take before i am permitted to even see the results. The remand could be denied and back at BVA before i even get to see the results. I could even receive a SSOC before i get to see the results. If the C&P is unfavorabl
  14. I have an appeal that was remanded by BVA for a "new medical opinion". The board determined the original C&P exam was inadequate. I had another C&P exam on 17 Oct. On 24 Oct. it was sent the RO. Today on My healthvet in my medical record it says C&P exam will be available 30 calendar days after completion. I have had other C&P exams and they were always available 3 calendar days after completion. Every visit to a VA health provider has always been available 3 days later. The xrays and radiology report from this C&P exam were available 3 days after the exam. Did something ch
  15. Do you have your medical records from your time in service? Were you treated for a back issue in service? It will be difficult to get service connected without recorded evidence of back problems in service especially after 26 years. VA is tough on service connecting back disabilities. You need to prove you had a back injury in service and a medical opinion connecting it to your current back conditions.
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