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Aha! Now I Get It, I'm Just Kinda Slow! C&ue?
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acesup
After reading my Decision Letter for the umpteenth time, as well as the NOD my new NOVA attorney filed, I finally see exactly why she was giggling like a schoolgirl as she read it.
In the "Evidence" section, they list all of the evidence, IME/IMO "nexus" letters, statements, etc. that I supplied.
In the "Reasons for Decision" section, in addressing denial of each claimed condition, they claim that the C&P examiner NP reviewed my private medical records, service treatment records, and VA treatment records.
Then, for each condition, the next paragraph states in part "Service connection is denied because there is no evidence that your ______ is caused by, aggravated by, or a result of your SC disability...".
OK, I finally see the error (repeatedly) that was so funny. "There is no evidence..."!!! Say WHAT??? So what about all of the evidence I submitted? What is that, chopped liver?
Now, I could understand words to the effect that "evidence in claimant's favor was not strong enough to refute the examiner's opinion" or something like that, but they are saying "NO evidence".
So, obviously, in his own words, the rater failed to consider and/or outright dismissed all of my evidence.
Will the DRO call C&UE on this?
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