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stumpy579
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Christie reacted to an answer to a question: How many judges?
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How many judges?
stumpy579 replied to Remisdad's question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
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. -
Need help deciphering this letter for Flat Feet Appeal?
stumpy579 replied to doc25's question in CUE Clear and Unmistakable Error
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 normal archs at entry therefore the onerous burden falls on VA. The fact is it is not possible for VA to meet that burden so they attempt to cheat. Your lawyer points this all out in the letter. Hopefully you will get a swift grant of service connection from VBA. -
Need help deciphering this letter for Flat Feet Appeal?
stumpy579 replied to doc25's question in CUE Clear and Unmistakable Error
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. Brown, 4 Vet. App. 513, 515 (1993). The presumption of soundness applies if a veteran's congenital condition is not noted at entry. See id. -
broncovet reacted to an answer to a question: SSOC timeline?
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SSOC timeline?
stumpy579 replied to Remisdad's question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
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 info and they are correct. June 11, 2020 is the day they are saying they sent it out. I live about an hour drive from Philly Varo and the last time they sent me a soc it took ten days from the day they say they sent it. Mail from Philly that is not sent by the VA takes 1 to 2 days to arrive. When you get the ssoc you will have the opportunity to submit new evidence to the VBA which may take almost another year for them to review and possibly issue another ssoc. I will let VBA return the remand to BVA and submit my new evidence to the board. No sense wasting time. -
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 show big numbers so it will get priority just to give the illusion of success. Any one part of the system showing improvement will be at the expense of other parts. They do what they want when they want at the pace they want.
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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?
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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.
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vetquest reacted to an answer to a question: C&P Results Delayed
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RBrogen reacted to an answer to a question: C&P Results Delayed
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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
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flow1972 reacted to an answer to a question: C&P Results, 30 day waiting period?
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Buck52 reacted to an answer to a question: C&P Results, 30 day waiting period?
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C&P Results, 30 day waiting period?
stumpy579 replied to LanceJoseph's question in Veterans Compensation & Pension Exams
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 -
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 unqualified examiner is wrong. Most can't afford the IMO and VA knows that so the system favors denial which is what they want.
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Vync reacted to an answer to a question: Did anyone catch this on TV
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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
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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 unfavorable to my claim i need to provide new evidence(IME/IMO) before the board issues a denial. It is another underhanded deceitful method of hindering a claimants appeal rights. If the RO denies my claim because of a bad C&P exam i will have lost a month of valuable time in fighting my claim. You can't fight what you can't see. If the RO denies and sends remand back to BVA do i get 90 days to submit new evidence? https://www.myhealth.va.gov/mhv-portal-web/my-healthevet-va-notes-learn-more
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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 change? Has anyone else been denied access to C&P exam in Myhealthvet blue button for 30 days? The records office at VA hosp. where i had exam said they can give me a copy 20 days after completion. Every VA visit has always been available 3 days later,including C&P exams up until this.
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VA neck & back claim question...
stumpy579 replied to AtlMarine's question in VA Disability Claims Research
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.