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C&p 180


-- The short --

Today our VSO calls and says the report is a 180 from what we expected with a "More likely then not"

The report, written up days after the first exam, pulls up some unrelated data from non VA medical documents and goes off in a different direction.

The VSO told us to write up statements on VBA 21-4138, from each of us, detailing how the exam did not include any questions during the exam about this, explain the statements from the non-VA medical records, and get them in ASAP. He would try and get it ignored and a different C&P requested.

Is this normal to have someone exam you, tell you clearly its related, then the report comes back the opposite??

Is there any practical chance to intercept this and work on it now, or are we doomed to the years long appeals board process when this comes back with a denial letter in a few weeks?

-- The long --

The first C&P in 2011 needed a do-over because it failed to include any nexus statement. Those items were put down as deferred and a new C&P was ordered from the Gathering of Evidence stage.

On 8/22 the 2nd C&P exam ended with "without a doubt the loss is service connected" from the DR and out the door we went.

The 2nd Dr even read the first Dr's notes and said "yes, I can see where she says this is service connected, she just didn't put it in terms for the regional office"

He also asked for a follow-up peripheral vision test, which was done last week.

We called our VSO after each appointment to update them on how things went.

We have been very positive.

Regardless, we are working on the statements in support of our claim now, and will sign them and have them in our VSO's hands bright and early when they walk into tomorrow morning. It can't hurt to try. Both of us were there on a redo of a C&P, prepared and listening carefully. It just doesn't make sense that we both had rose colored ear muffs on.

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In reality it is a very good result. More likely means 75 percent sure.

It only takes a At least as likely as not or 50 percent probability to envoke the benefit of the doubt rule.

Hang in there. It wont be too long now.


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