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Denial From The Cavc

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Flatbroke

Question

My attorney just emailed me that the CAVC just denied my claim for a CUE.

Even though it states in my exit medical exams that I have spondalicis and spondalosis and it showed up on the xrays'

The Chicago RO aparantly did not request copies of my military medicial records (as I read it) but thier decision to deny me SC for my back was correct according to thyier examination and xrays.

But the same evidence got me a SC for my back in 2001. GO FIGURE

My attorney is out of town until late next week and then we will get together and decide wher to go from here.

Kilo 4/12 VIET NAM
11/67-11/68 (TET)
HQ 1/10 LeJune
68
C 1/10 LeJune
68-69
HQ Marine Security Guard School
69
Great Lakes Brig - Corrections
11/69 - 3/70
Semper Fi Everything stays the same until it changes

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The Chicago RO aparantly did not request copies of my military medicial records (as I read it) but thier decision to deny me SC for my back was correct according to thyier examination and xrays.

Did you have an independent exam at any point? How old were the X rays they used?

CAVC denials can be appealed to a Federal Circuit Court.

Federal Circuit Appeals are rare and many vets dont take that step.

Sometimes the Fed Circuit will not uphold the CAVC findings.

This link shows what I mean and has a brief analysis of some recent Feds Circuit appeal decisions on CAVC decisions:

http://www.veteranslaw.com/content/law-update

Do you feel comfortable giving us the CAVC docket number when they post the case at the CAVC web site?

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Berta,

As soon as I talk to my Attorney next week I will probably post the the numbers.

As to xrays the original were in April of 1970 after I got out so they do not exist anymore.

My problem is that I got an IMO from a QUALIFIED Physian that teaches xray, c scans, and MRI's and he explained to the VA back in 07 why I shouild have a disbality and it was off my Military Medical records and some other info that the VA has including xray results from 1989 when I started going to Columbia, MO.

I will check out the site you have listed and I realy appreciate the help.

Thanks Flatbroke

Kilo 4/12 VIET NAM
11/67-11/68 (TET)
HQ 1/10 LeJune
68
C 1/10 LeJune
68-69
HQ Marine Security Guard School
69
Great Lakes Brig - Corrections
11/69 - 3/70
Semper Fi Everything stays the same until it changes

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Share on other sites

I have been emailing my attorney and he said that he does not mind filing a federal appeal,

He is going to call me wed afternoon and we will discuss that.

He has been working on my case since 1995 Pro Bono and is still going to. I really found a real good guy.

He is a retired JAG Officer and did not have any idea that the VA was treating us vets the way that they are. He always handled active duty military.

If anyone knows a site with some info on how to file a federal appeal please let me know. If PM subjet Fed APP and I wont junk it.

Thanks.

Kilo 4/12 VIET NAM
11/67-11/68 (TET)
HQ 1/10 LeJune
68
C 1/10 LeJune
68-69
HQ Marine Security Guard School
69
Great Lakes Brig - Corrections
11/69 - 3/70
Semper Fi Everything stays the same until it changes

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