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 berta,

i did rquest my records, useing that form ,the files were only some stuff. the only medical reports came from the ( what is called the shore party medical unit ) all recorded in the field, reports show where they the shore party sent me to the medical officer for evaluation more than once.

its those records missing , i sent them what i had and they sent them back.

thanks

[mos1833]

broncovet,hoppy,and all others that have helped.

this is just an update on my claim, i was denied at the court ,judge green made a mistake,but i dont know how to make him see the evidence,he agreed with the board , and totally took their side and used the lay evidence precedence opinion clearly wrong,my lawyer ask for him to reconsider,or send it to a pannal, at this point i just want to stand in front of him or any body and explain all the errors.

dang judge green would state the law and then say it was ok for the the board to break the rule,

he is wrong about lay evidence precedence opinion. any way thanks all

[SpcDearman]

Mos 1833 please do not give up. You sir are my inspiration. I too have been denied using the same rationale. i have requested copies of all medicall records, C&P exams, and all sick calls even when I was in the field. (Most of my complaints came while in the field - 11M Bradley driver. ) i will not let them get over on me. Keep your head up.

Hoppy -

A disorder also may be service connected if the evidence of

record reveals the veteran currently has a disorder that was

chronic in service or, if not chronic, that was seen in

service with continuity of symptomatology demonstrated

thereafter. 38 C.F.R. § 3.303(b); Savage v. Gober, 10 Vet.

Am I reading this correctly that if i complained about my shoulder injury numerous times after a tank accident that I should have had more benefit of the doubt from the RO? i am in the same situation as BRoncovet with the self medicating until I could no longer self medicate then seeking VA medical care. i never could afford my own health insurance.

[SpcDearman]

Mos1833 would the below help. I sure does help me a bit.

I took bits and pieces as to not overload the forum.

Citation Nr: 0014393

Decision Date: 05/31/00 Archive Date: 09/08/00

DOCKET NO. 97-34 417 DATE MAY 31, 2000

On appeal from the Department of Veterans Affairs Regional Office

in Pittsburgh, Pennsylvania

THE ISSUE

Entitlement to service connection for right shoulder disability.

The veteran's version of events in service is not corroborated by

service department records, but it is corroborated by his brother.

Consequently, resolving reasonable doubt in the veteran's favor on

this point, the Board finds that the veteran was likely involved in

a motor vehicle accident during service that resulted in some

degree of trauma to the right shoulder.

As suspicious as it may appear to a lay person that current

disability would exist following trauma so long ago, especially

trauma that was apparently so minor that no treatment was required

until about 1997, this question is a medical matter which requires

the exercise of medical judgment. To answer this question, the

Board remanded the case to the RO in June 1999. After a review of

the claims file, which review presumably took into account the

absence of complaints or treatment for so many years after the

automobile accident, the examiner indicated that current disability

is indeed the result of the in-service accident. Consequently, the

Board finds that a grant of service connection for right shoulder

arthralgia is warranted.

ORDER

Service connection for right shoulder arthralgia is granted.

here is the full file.

http://www.va.gov/vetapp00/files2/0014393.txt

[mos1833]

spcdearman, thanks for the reply.

since day one ive told the va that i never had a examination for seperaton from service, they keep useing that none extsting document against me,saying that it shows my back as normal.there is no such paper any where,but they keep using it as more probative evidence.

if you could check out the memorandum decesion at the court, docket no. 11-2847

its short.

[SpcDearman]

spcdearman, thanks for the reply.

since day one ive told the va that i never had a examination for seperaton from service, they keep useing that none extsting document against me,saying that it shows my back as normal.there is no such paper any where,but they keep using it as more probative evidence.

if you could check out the memorandum decesion at the court, docket no. 11-2847

its short.

Oh sir u are not in this boat alone. i too will have issues with my separation exam. here is the scenario.

Me: Hi sir. My first sgt said to come here for my exit physical to be able to leave.

Capt: well spc it appears that you are ets'd

Me: This cant be sir. i havent been able to turn in my gear for inspection and i dont want to be charged.

Capt: too late. But let me ask you if you have any injuries that you may claim later in life

Me: Sir I hvent even gotten my shoulder issue resolved and it still gives me alot of problems. My lung issue hasnt been resolved and now my knees are really shot from jumpin off of my Bradley

Capt: I will put this in your file.

No touching or xray's or anything.