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The Required Review Is Of Material Has No Value

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mos1833

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i noticed a few threads about c/p exams,and what should be review.in my case the reviewed material seemed to be a chance to seal the deal to denie. to me i lost years of progress reports and treatment material in my claims file,because of my claiming service connection.

below is what iam up against----did they review the material or just rule against it due to me saying i have had pain since seperation,( lay )

hears a slap in the face

The Board has also considered multiple outpatient treatment

records showing on-going treatment for low back pain since

the late 1990s. While the veteran related his pain to an in-

service injury, the Board is not obligated to accept the

veteran's recitation of the facts. See Godfrey v. Brown, 8

Vet. App. 113 (1995). While recognizing that the veteran has

been diagnosed with a current low back disorder, the Board

places less probative weight on this evidence as the issue of

a causal relationship between his symptoms and current

diagnosis were either not addressed or appeared to be based

wholly upon statements of past medical history provided by

the veteran. The Board, however, is not bound to accept such

statements simply because treating medical providers have

done so. Wilson v. Derwinski, 2 Vet. App. 614 (1992); Wood

v. Derwinski, 1 Vet. App. 190, reconsideration denied, 1 Vet.

App. 406 (1991).

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  • HadIt.com Elder

Get a Doc to make the link the VA wants. They are telling you what you need. A good Doc will understand.

Good Luck

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mos,

Don't take it personal; Social Security would say the same thing - your word doesn't count.

They dissed my PCP because she's only a Nurse Practitioner so even HER statement didn't count.

What Pete is saying is you need a statement from a doctor saying :

At least as likely not: is 50 percent probability.

More likely than not: is 75 percent probability

Was due to: is 100 percent sure.

Good luck! :smile:

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  • HadIt.com Elder

That is true, your self statements are lay statements unless you are a certified medical professional. They they just cant ignore your opinion.

This case was Ponds V West were Ponds is a Chiropractor and was involved in a Jeep Accident and the RO and BVA ignored his opinion.

Good Read for some.

J

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