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Berta - Important


carlie
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Question

I feel this information could be helpful for claimants

seeking to have a claim re-opened.

It's a case where the claimant's claim was allowed

to be re-opened due to submitting medical treatises.

Hope this helps a vet.

carlie

http://www.va.gov/vetapp07/files3/0724944.txt

In September 2003, the current claim to reopen was received

at the RO.

The prior denials of the claim had been essentially based

upon the finding that there was no evidence submitted that

the claimed migraine headaches were related in any way to

service. Accordingly, for evidence to be new and material in

this matter, it would have to tend to show that current

migraine headaches are linked to an in-service injury or

disease.

The additional evidence received since the rating decision of

August 2001 includes medical treatises from the Saint Louis

University Health Sciences Center, Division of Behavioral

Medicine, dated in May 1994, revealing the potential for

"the high prevalence of migraine [headaches] following low

back pain . . ..", and from the Back Clinic, Ringe, Denmark,

dated in May 2003, revealing a positive association between

low back pain and other physical disorders, including

migraine headaches.

Assuming its credibility, this evidence received since the

August 2001 denial is neither cumulative nor redundant, and

by itself, and in particular when viewed in connection with

previous evidence of record (namely the existence of a

service-connected low back disorder), relates to an

unestablished fact necessary to substantiate the claim and

raises a reasonable possibility of substantiating the claim

of entitlement to service connection for migraine headaches.

The Board finds that the noted evidence received subsequent

to the RO's August 2001 rating decision denial is new and

material as it provides medical evidence that current

migraine headaches are related to the veteran's service, on

the basis of their potential secondary relationship to a

service-connected disability. As a result, the requirements

to reopen the claim of entitlement to service connection for

migraine headaches have been met. Accordingly, the veteran's

claim is reopened. 38 U.S.C.A. § 5108; 38 C.F.R. §§ 3.156,

3.159, 3.304.

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Yes -a good treatise or medical abstract can sure be used to re-open a claim-if it can help to substantiate the claim.

Good find Carlie-

I mentioned here before that a widow was awarded DIC at the BVA due to a single medical treatise she submitted.

In most claims however, medical treatises or abstracts should enhance the medical evidence, but it is often difficult to depend solely on them.

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I forgot to add- the BVA in my remand mentioned -for the first time in 5 years, my IMOs, as well as my additional medical evidence to include treatises etc.

They took note that the Buffalo RO had said I only sent them letters with and without attachments.

I used some medical treatises so pertinent that I think my claim should have been awarded on them even without IMos.

Still-in the long period of time it takes to get most claims rsolved these days- veterans and widows should continue to aggressively seek medical evidence such as treatises and abstracts to help prove their claims.

I actually found recently that the abstracts I used in 2003 and 2004 have been enhanced by additional and more up to date medical literature that supported my claim.

A good IMO doctor will make medical text or treatise references too.

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Dang Berta,

About time someone took note of the IMO's, finally !

Maybe they will actually read the claim this time, lol.

carlie

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The reason I posted this is because I've never thought

of a claimant being able to use a medical treatise as

new & material to re-open a claim.

carlie

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