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Opinions On Varo Using "note" To Validate One Sentence And Switch Another
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This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected.
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Are all military medical records on file at the VA?
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I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful. We decided I should submit a few new claims which we did. He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims. He said that the VA now has entire military medical record on file and would find the record(s) in their own file. It seemed odd to me as my service dates back to 1981 and spans 34 years through my retirement in 2015. It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me. He didn't want my copies. Anyone have any information on this. Much thanks in advance.-
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Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
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Question
halos2
Noted as the documentation on my copy of the C&P?? exam...
Opinion/Rationale: It is asked by the VARO if the thoracolumbar strain that was treated in 1968 is related to her current diagnosis with herniated nucleus pulposus with dics protrusion and chronic back pain...the current claimed back condition and herniated nucleus pulposus is note related to her service connected strain on 1968...(BTY it is documented strain, sprain, spasms, with continual pain with no relief NOTED! In my SMR'S)
To:Dottie Z VAMC
Dottie,
I'm reviewing the general examination( I was told it was for a C&P exam, hummm ) on Betty Boop 000 00 0000 dated 9/6/04. I need clarification on the opinion on hnp, lumbar spine. Your wording says the current claimed back injury and hnp is note related to her s/c strain of 1968. Please clarify if you meant not related, or it is related.
To:Mary X VARRE:
Mary, The current diagnosis of ddd with a history of hnp is NOT related to her one time musculoskeletal strain that occurred in the military. Additionally please note the intercurrent injury in 1997.
Ok so now we use the word note= a comment or an explaination; importance; observation; to observe carefully; to notice; to show; indicate; to make mention of; remark; to pay attention to...get my drift??
The use of the "note" gets changed around to NOT when conveniently, and then again in the next sentence to "note" the importance of the word in another sentence. WTF??
Never mind the DEFUNCT NP who did the exam was PERMANENTLY removed from ever doing a C&P exam ever again!! How valid is her documentation when she can write it "note"change it to "not" and it's meaning then go back and write it again to mean the the importance of the "note" again. How about all the other errors in her documentation...she typed it and 8 days after she did her defunct exam gets it approved by yet another mia Dr...and then 2 days later changes what she wrote to match what the VARO wanted written.
She told me nurse to nurse I had the S/C damage and it lead to degenerative changes throughout the years. The diagnostic studies, years of Dr visits, years of treatments, all document "chronic back pain" from early back injury years ago(to service date).
She also wrote I claimed to have been treated at this VAMC, yet no such records exist...HELLO ever hear of archives???? I got them, why couldn't she??
Sorry for the rampage, I just cannot understand how words can be changed so many times to satisfy the VARO once written...even if gramaticallly incorrect either way! She really needs to be sued for IGNORANCE besides malpractice, LIAR, and memory deficites, and being a big fat dum ass!
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