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JenniferVCS

Seaman
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    JenniferVCS got a reaction from Buck52 in I have a sleep apnea exam coming up, what can I expect   
    Well, did you file a claim recently for Obstructive Sleep Apnea? If so, they will need to do a C&P exam. Did you get diagnosed by the VA or a private doctor? If private, you should upload your medical records ASAP to va.gov so the VA knows. I have no idea what the 45 min exam is for but if you only filed for OSA then the examiner will not care to discuss any other disabilities with you (PTSD) as they would only be filling out a DBQ for OSA (having only been sent this with your profile from the VA claims dept.).  You can call the 3rd party handling the exam and ask them specifically what the exam is for. They have to tell you. Maybe that will clear things up for you. 
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    JenniferVCS reacted to Berta in Decision letter evidence summary/evidence not considered   
    If the VA ignores probative evidence, and does not list it as Evidence, they have committd a CUE.
    Even if the VA does list it but never refers to it at all, that too is a basis for a CUE.
    They have violated 38 CFR.4.6, which is basic VA case law:
    § 4.6 Evaluation of evidence.
    The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law.
    https://www.law.cornell.edu/cfr/text/38/4.6
    Probative evidence :
    "Probative facts establish the existence of other facts. They are matters of evidence that make the existence of something more probable or less probable than it would be without them. They are admissible as evidence and aid the court in the final resolution of a disputed issue."
    https://law.jrank.org/pages/9454/Probative.html
    The VGL puts it this way:
    "Probative Evidence
    Evidence that has a tendency to prove or actually prove an alleged entitlement."
    https://www.veteranslaw.com/glossary-of-terms/probative-evidence/
    Can you scan and attach the decision hereH
    Cover the C file, name, address etc, prior to scanning it.
    Some evidence is not probative at all, but independent medical opinions certainly are, if they are done correctly.
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