Nod Has Now Been Filed

[acesup]

My NOVA attorney has already filed the NOD, I received a copy of it.

In it she basically states on every medical issue that:

a) the C&P examiner did not consider any of my evidence, IME/IMOs, etc. that establish and/or support primary or secondary service connection

b) the exams were therefore incomplete

c) the rater failed to examine any of the evidence I supplied to support my claim.

On every issue, a new C&P exam is requested.

For the depression claim, she challenges the "mere speculation" clause as a non-opinion, she also points out that the examiner failed to consider any evidence that would support my claim, and asks for a new exam.

Can/will the DRO be likely to order new exams, or would they just shrug and send it on to BVA?

[Berta]

If you requested a DRO review , the DRO will address the NOD issues.

"Can/will the DRO be likely to order new exams, or would they just shrug and send it on to BVA?"

Hopefully you would get new exams.

Speculation is, in fact, a non -opinion.

Has your inservice nexus been fully established?

I assume that the first thing your lawyer did was to check the VCAA letter you received.

It sounds to me like you complied with what the VA asked for and that you responded to the VCAA letter.

We have a right to have our evidence considered and I am astonished that they (VA)seemed to have missed your IMOs.(38 CFR 4.3 and 4.6)

"the C&P examiner did not consider any of my evidence, IME/IMOs, etc. that establish and/or support primary or secondary service connection"

Did the SOC completely ignore the IMos as well?

I also had a major VCAA violation.

The BVA checks the VCAA letter right away when they get a claim.

A major VCAA violation can be overcome with evidence but often that can add years to a claim.

That is why I asked about the VCAA letter.

Edited November 21, 2011 by Berta

[Philip Rogers]

I agree w/Berta, that hopefully, the DRO will order new exams, but I don't know that they will or should. I don't know that the C&P examiner is required to consider your IME/IMO, unless they've been specifically instructed to opine on the IME/IMO. The evidence is considered by a rater, who makes the decision based on all the evidence, including the C&P exam, IME/IMO, etc. The DRO could just affirm the previous decision and send you off, to the BVA, for 2-5+ more yrs of delay. jmo

pr

Edited November 21, 2011 by Philip Rogers

[Berta]

Philip -that is a good point.

The last C & P VA did on my claim- I called the C & P doctor's office to make sure he considered the IMOs I had. His secretary assured me he would and I even sent him an additional copy of them.

But he didnt. BVA had called for a Cardio opinion and he was just a PA.When I read his C & P result I realized I knew more about cardiology then he did and I promptly rebutted the C & P ,sending my rebuttal directly to the BVA.

They rejected his opinion and awarded on my 3 IMos and all of my other extensive evidence.

The BVA was the first VA entity to read my IMOs.

In a past post this vet here stated:

"Should I offer to expand on the reasons I think my SMR and my IMO's/Nexus letters (from board certified specialist M.D.s) should outweigh the opinions of the C&P N.P.?"

They should outweight a NP opinion BUT

in many cases a doctor's nexus statement is not enough for the VA.Unless they support their nexus statement with a full medical rationale that directly refers to the SMRs.

If these IM0s didnt conform to the IMO criteria that is here at hadit (and what the VA is familiar with) they will be rejected or taken apart by the VA.)

But I am sure the lawyer covered all that in the NOD.

[usmc89]

I had a nod that my Lawyer sent in and the DRO is reading it ,i had a C&P exam for my IBS that the DRO scheduled an exam just had it now waiting heck i even now the DRO's name

[acesup]

Thanks yall. In fact, I was very meticulous to address everything the VCAA letter touched on, and very thorough in having the medical specialists address SMR's, point out the nexus to service connection, and opine in the proper format i.e. "as likely as not", more likely...", etc. Each of those letters had adequate medical evidence to support my claim.

The C&P NP refused to examine any IME/IMO or other evidence that I brought to the exam. Maybe she can do that, but the rating specialist or somebody is supposed to at least consider it and weigh it against the C&P opinion, One would think the decision letter would mention that, and even state why the rater considered the NP opinions as superior to those of board certified medical specialists.

Maybe in the long run this is to my benefit. Time will tell.

I got the letter from VA today stating they received the NOD letter last week. Now it will be the old waiting game until the DRO review.