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johnnyboca

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About johnnyboca

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  1. Its stays in the HLR lane difficult to track but it does show up on VA.gov.
  2. I recently filed for a higher level decision because the VA denied my Raynauds syndrome firsy for not having an official diagnosis. After that denial I opened my higher level review. I spoke to the rater on phone as I requested. I explained to the rater that while Raynauds may not be secondary to what my VSO filed for the cause was unknown as the DBQ from C&P stated. So the examiner said it was less likely caused by my military service. I told the rater it was a presumptive condition and even though I filed for it years after my discharge I had military evidence showing what appeared to be Raynauds. He agreed with my statement. I also explained to him that the VA actually diagnosed me with it because I had never heard of it and thought it was from my cervical spine injuries. He asked me what my job was I explained that I was in the infantry and was stationed in the mountains in Afghanistan and certainly had cold weather exposure. He conceded that I did. That sounded great they found and owned an error with "Duty to assist" He sent me back for an opinion to the same C&P examiner who conceded I was exposed to cold weather but since the cause of Raynauds is unknown he still felt it was less likely caused from service. My question is while I understand presumptive conditions do not require proof if filed with in a year I have in my opinion overcome that with proof the Raynauds was present and could have been caused by service. Is this DBQ going to get me another denial? The rater agreed that the exact cause is unknown which means it can not been proven but also can not be disproven. Anyone have experience with this?
  3. I used the HLR and I completed it myself. So far it is working well. I did not go through VSO honestly while a nice person they simply do not have the vetted interest in doing the paperwork. When you do a HLR request to have rater call you personally. I did this and actually spoke to the rater and made my case. They found two errors in a Duty to assist. I was given another appointment and they conceded it was service connected now I am waiting for them to make final decision. If this does not work I will do a supplemental claim which allows you to submit new evidence. Honestly the problem stems all too often from the VSO. Typically they try to do secondary on most claims frankly because its easier then they want you to file for something else to get your rating higher. I have been doing my own claims because I found most of the evidence I gave VSO never made it to VA comp. My experience while cumbersome has been well worth it.
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