mos1833

Probably not. You have an opportunity to challenge a VA exam, but not after 35 years. That is well beyond the C and P exam "challenge" window. You would have needed to challenge the exam many years earlier, preferably in 1983, or at least soon after you got the RO decision. It is not "Cue" on the VA when you do not appeal, and do not challenge the exam. In fact, the exam is presumed valid absent a challenge from you or your representative. bronco- i cant figure out how to attach the file i want you to see. but i think O'bryan v. ---- says we didnt have a right to appeal in 1983 , i can't quote it all , but it could be worth a read about cue back then , thanks bronco for all you do for us , sorry if this is not use-able.

thanks so much guys, berta has helped for many years, and i do thank her now. gastone, when i left service , i just sat and talked to another marine behind a desk. we talked about my future , and how there was no jobs out there, especally for my mos,and general stuff, but no exam by any doctor ever at that time ,berta is right it was a sf 600 form , as for as getting my records i;ved tried , and also the va says they made requests also, but was told it was futal ,records dont exist . i am on my on now no vso or lawyer ,i;ll try to get those that i do have posted for your reveiw , thanks

my biggest problem is that the va says my separation exam was normal and i did not complain about my back at the time , i told them i did not have an examination when i separated , so i need somebody that can interpret my dod form 600 and form 93 must be able to show he or she know what they are reading, a pro, can any one help reading my forms , thanks

the same thing is going on with my cue. i filed in 2002 with a vfw guy . they wont even addmit they have it. much less decide it, even though it is listed in my c-file, in 2013 i started an inquire request about it , well guess what they called that a new claim ,and denied my original claim again,saying no new evidence. any way now they state my claim was denied and that includes a cue claim. so i guess they combined them togather . i told the 800 dude they had to have a separate decision ,but he said i needed a lawyer to answer my questions. so i feel you brother , some of the others will chime in on your post ,that are smarter than me. good luck

thanks guys i let the appeal period pass , i filed an intent to file and thought that would preserve my time , i was wrong''any way the last denial stated no nexus , so now i got one . the last time is so wrong i think i may need to cue it/// but i can do that later as i''am just trying to get my claim sc for a back injury, i dont care about retro - benefits at this time, i will cue later. oh they just denied a skin cancer claim and grouped them all togather i ''am so confused , but again i have been since i first filed in 1984

heres what i plain on doing i gonna try and reopen my old claim , its been denied by ever court in the va. system. my last was a joke clearly a cue . but i''am not gonna try that right now. i just need to get my claim granted, i now think i will reopen because i got a mri results with a nexus that says it is sc . will the va use the evidence they misinterpreted before cause this nexus report is new/ will they weigh it to reopen, or will they pile the whole package of garbage evidence against reopening. sorry i ramble

thanks for your reply gastone,i think asknot has his hands full helping others. i was just reading ( O'bryan ) AND THAT claim is the same as mine. they denied my claim in 1985 because they my back had a defect, and then a couple of years ago used the same reasons to deny again, thanks

broncovet . i have not posted on here for quite a while,and i still cant spell ha. any way here my problem, my back claim has been up to the federal circuit . and to the court three or four times, i had a good law fir working for me so i let them handle things. they got me remanded to the board many times, i never had the nexus opinion. well i had one but they shot it down. the point i want to cue is that according to law at some point in all the reviews ,they never considered G P O 82-90 that explains how to decide if a disability is a defect or a disease 82-90 should they have considered it on their own, or does it fall on me to point it out. i want to use ( O'bryan ) as a model , this claim is a tough one ,but this is the issue i want to deal with now, thanks for any advice .from any body.

berta . thanks for all you do.

you go girl. if you can jab um once for me.i wish i could help others as much as you'ved helped this vet. ( me ) so thank you once more.

ocdmarine thanks for your service. the word ; may ' in a doctors opinion will get the claim denied. if you can ? ask him or her - to write a new report ,explain the va dont except that word in any opinion. if you can do that ,, have the opinion to say ( are connected to your disibilty ) you'll win.

If benefits are awarded , buck52 i guess this explains my question, if benifits are awarded ?? none were , i had two remands with the same law firm ,for the same issues i think ?one was for vcaa . and one because they didnt have all my records. so i was thinking now that i lost that case on remand and its final ,will it be hard for another attorney to accept my re-opening claim again for the same issue ? because of $13.000 minus whats left of any retro.remaining. thanks i;am not new here.... just stupid

broncovet does that apply to joint remands.?and regular remands.i got nothing , my attorney collected over $ 13.000. i this post is not allowed here in this theread . please move it ,i dont want to still someone elses post . thanks

gastone i dont have a copy of that yet, this is a long standing claim. all denied before because of this misdiagnosis, thats why i was thrilled. thanks

well talk about being confused ? i just had a nice visit with my primary care physican,i have had her for about a year. long story short,,, i ask why my recent x-ray report stated my back condition did not show any amonalys (( defects )) noted. she said its because you dont have any >>>> hu ,, i said but i have a congenital vertebrae she said no you dont,and the records (x-rays ) proves it . well i told her the va said i did and denied my back claim due to the law , she said i dont know any thing about va law i;am a doctor and you dont have a defect in you vertebrae, so now what ? i cant file a cue on a misdiagnosis,which was first diagnosied in 1984. and guess what '''' her nurse got on the computer and down loaded a dbq and she had me do some test , and said good by for now. here nurse said she would call me when the doctor finished the paper work, so i left. what do yall think ?? is it to early to start dreaming again. thanks all

well talk about being confused ? i just had a nice visit with my primary care physican,i have had her for about a year. long story short,,, i ask why my recent x-ray report stated my back condition did not show any amonalys (( defects )) noted. she said its because you dont have any >>>> hu ,, i said but i have a congenital vertebrae she said no you dont,and the records (x-rays ) proves it . well i told her the va said i did and denied my back claim due to the law , she said i dont know any thing about va law i;am a doctor and you dont have a defect in you vertebrae, so now what ? i cant file a cue on a misdiagnosis,which was first diagnosied in 1984. and guess what '''' her nurse got on the computer and down loaded a dbq and she had me do some test , and said good by for now. here nurse said she would call me when the doctor finished the paper work, so i left. what do yall think ?? is it to early to start dreaming again. thanks all

that is one of the many 95-42 640 claims , i got this number which was another vets claim number, at the same time ?? he used it twice , the rest are me. any way i told the r.o. that i never filed for workmans comp, and told them the address of the company they requested, all this on the phone, so it was taken care of .no opinion has discussed my claim using 82-90 , my medical records show from the first x-ray ( changes ) related to my back condition. my first x-ray in 1984 just stated = osteoarthritis related to the anomaly which were pointed out to be ( changes ) oh' i dont know if it matters or not but 82-90 is retroactive according to ( O'bryan v. mcdonald ) in 1984 the dr. didnt even give a nexus opinion, the only evidence against my claim was the interpretation of the x-ray made by the board which had a doctor on it , but no body signed it .even then they said i had osteoarthritis in my back but denied it because it was related to a defect ,and denied any presumpatives regulations. thanks

berta, its a request for the va to reconsider my back claim using the correct law and regulations . they said i was not intitled to benefits because my back injury was a defect and not a desease, so if they use 82-90 it would provide a sc rating ,there is a lot more to 82-90 , but its clear they never considered what the regulation calls for. thanks

any body ??

berta , insen't there a presumption list to help with this type of exposure claim.

if i file a cue , can i call it a fdc type of claim, all the proof is already in my file.

if i file a cue , can i call it a fdc type of claim, all the proof is already in my file.

bronco , you are right ,i was haveing a bad day when i saw your reply to rose/ and i guess i just figured , you were trying to divert ,from my topic , sorry , rose bronco is one of the best here , hadit is the best , listen to bronco.

bronco , i dont understand why you;de say that . after all i was hopeing for others to compare what happened to them to what happened to me,why is this topic wrong ?? never mind ''' thanks rose it will work out in your favor ,just keep on keeping on.

thanks bronco