Is This Categorical Dismissal Of Lay Evidence

[mos1833]

below is what i think is a true injustic

this claim is back at the court again after being denied using this as evidence against my claim, i keep asking my self (can they do this)

from what i know and read about lay evidence, this is just wrong,the medical opinions never considered the lay evidence either.

what do you think ?

The mere contentions of the Veteran, no matter how well-meaning, without supporting medical evidence that would etiologically relate his current complaints with an event or incurrence while in service, are not of sufficient probative value to rebut the February 2002, January 2009, and July 2010 medical opinions. Caluza v. Brown, 7 Vet. App. 498 (1995); Lathan v. Brown, 7 Vet. App. 359 (1995); Rabideau v. Derwinski, 2 Vet. App. 141, 144 (1994); King v. Brown, 5 Vet. App. 19 (1993). In this case, there is no evidence that the Veteran, his family, or friend have any medical expertise, or are otherwise qualified to render a medical opinion. Consequently, his statements and the statements of his family and a friend, without some form of objective medical corroboration, are not deemed to be of significant probative value.

[mos1833]

thanks to everone here , but it looks like i cant win this claim ,so i guess i will start over, should i file the same claim again, or try to reopen with new evidence, can i use any parts of this claim,in my new claim,because they already seen it, who do i contact, thanks

[meghp0405]

After reading the many posts concerning this topic, I have a question concerning the C/P exams. If the examiner is not an expert in the field which the disability is being evaluated, and the claim is denied, wouldn't that be grounds for a claim to be overturned? I am aware any veteran can submit an NOD for whatever reason, but now days you have many nurse practioneers conducting C/P exams. With the adjudicators relying on the reports from the C/P exams and often many times siding with them, it would seem like a no brainer with an IMO from a professional in that field.

MOS 1833, keep fighting the battle!

[mos1833]

thanks meghp0405

i think lawyers working for vets , schood have their own doctors,to provide c/p exams to a vet , and with the payment included in their payments. nurse practioneers, will always word an exam against the vet.

[mos1833]

case closed , now what ? claim no. 11-2847 at the court. can i cue ? the reason why is they placed all of there eggs in one basket. by useing a document as controlling evidence against all my lay evidence,and also allowing all the c/p nurses to use the same document to sway their opinion, even though i was telling them they were wrong,if you read this short summary of my claim,youll see they relied on my seperation exam for all there decesions ,which is not part of the record,or even exist, i have ask them to show it but they igno me.aways thanks

[SolInvictus]

Mos1833, I don't know that I know enough to add much that will ease the disappointment you must be feeling at this outcome, but I just wanted to say that I imagined myself in your shoes, waiting day in and day out, praying, hoping, dreaming, of a dream that would've made the future look that much brighter, and life a little easier. I tried to picture all those countless days and the numbness one experiences when waiting on a system as emotionless as the va. Then I reached the day you got that deadend result, and my heart broke for you. My experience was mercifully less painful than yours with the system, but I'm human enough to feel for you and know how at sea you must feel when you face the fact that a dream might be dying a slow and agonizing death. I feel for you brother, and hope you catch a break somewhere along the line. No one deserves to watch hope fade, even if it is unavoidable in life.

[71M10]

MOS1833,

Send a privacy act request to your Local VARO requesting a copy of the exit physical they cite. Do not give up until they provide you a copy of this document. If they cannot produce this document and all the medical opinions reference it, I would think you have some chance left.

Send it certified return receipt requested. If you didn't have a physical and they keep saying they have one in the file. If it was me, I personally would like to verify who's name is on the physical and if it was conducted at a time and place that you were actually at? If you are not the patient on the physical form, or you were never at the base/installation it was done at, I would think you have a shot at CUE.