Cue Or Just Bad Research On The Va Examiner/nurse

[oldman273]

I had a VA Ortho Surgeon exam me for my claim for SC injury to both knees and left hip that was evaluted by the Ortho Surgeon who gave his opinon that the injuries and my current back condition was the result of the kees and hip condition. The Second C/P exam was done by a Nurse who did not agree witht he surgeon and successfully convinced the court that it was a result of my civillian injury and not my documented multiple injuries to both my knees and Hip. What I was curious about is that I had the veterans Legal defense Fund out of DC contact me after my case went to the BVA and offered their help Pro Bono to look at my case. Can I use the facts that were cited in the brief once the case is handed back down to the VARO from the BVA once it is heard to file a CUE? I just was amazed at the facts cited by my Lawyer were rock solid and this case should not have been sent on up. I feel like I know if this kind of poor investigation of the facts can be twisted in my case maybe I could use it as a way of showing the court how things like this should be addressed. Thsi claim has been going on since 2002. Any ideas I was impressed by the brief on what was "Left Out" of the true facts and twisted to fit a picture that was not correct. I can E-mail the Case to you berta that the Lawyer submited to the court in is argument that the Nurse did in fact make many mistakes in my case. I do appriciate the effort that many of you put in but to me this stuff is way over my head. Adios and have a good day.

[Berta]

"Can I use the facts that were cited in the brief once the case is handed back down to the VARO from the BVA once it is heard to file a CUE?"

If the claim is ongoing- as it appears to be -there is no basis for you to file a CUE.

I am sure these lawyers cover all the legal errors anyhow.If they were successful-the VARO could call a CUE on itself and award-

This is why it is important for all of us to go over a C & P exam very carefully.

I did this recently and knocked down-again-the VA's attempt to find a doc to go against my claim without considering my IMOs.

Not even a doc-a PA and I made a proven point to VA that I know cardiology myself and better than this PA did.

(Proven by my successful FTCA case)

We have to use common sense and medical rebuttals for these lousy PA or nurse reports-and even for examiner reports that come from actual doctors.

As I might have mentioned here-maybe not-

Congressman Filner is looking into my claim- but I dont need him to- I want him to look into amending the VCAA and getting these piss poor quakola C & P opinions thrown out.

If the VA cannot provide a n adequate C & P- without medical errors- how the heck can these same practitioners provide you all will proper medical care.

C & Ps are a set up- deemed in most cases to favor VA but the reality is many many vets overcome these C & Ps and get awards-that shows how deficient the C & P facet of VA really is.

I sent the PA a copy of my rebuttal to his opinion.

Maybe he will learn something from it about cardiology and how when VA says they will consider the med recs that means the examine has to READ them.

sorry I dont open my email thing here

It would be great if you could scan and post the brief for all to read.