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Yep. Looks Like I Got My Denial Letter Today.

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SpcDearman

Question

Was denied for all of my conditions. It appears that they cannot make a link between my vehicle roll over accident and my shoulder injuries.

"Service treatment records show complaints of shoulder pain after a tank rollover in November of 1994. A diagnosis of mild contusion was listed. There were no additional complaints, diagnosis, or treatment related to the shoulders while on active duty."

Here is the kicker:

"On VA examination, diagnosis of the left shoulder blah blah were listed and the EXAMINER opined that your current disability was not likely related to the contusion noted during military service."

I am not going to get mad and let this ruin my evening. You guys prepared me for this. I know that I was fine before I ran a Bradley sideways into a tank ditch at 35 miles an hour. I know that it has to be documented. The examiner simply thought that there was no way that it could cause the damage that I have. I have requested all of my military personnel and medical records. This week I will also gain copies of every C&P exam that they have on me.

Do you guys think that I should get a VSO? You guys are really all that I have.

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Of course you can use "picture" evidence. Hopefully the picture has a date on it, to show you did not "photo shop" the picture.

i searched that rascal for a date and saw nothing lol. I will wait for my records. Is the timeframe for a NOD the same as an appeal.

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Dearman

To clarify:

When the Veteran gets a REGIONAL OFFICE decision, he has one year to file a NOD.

When the Veteran gets a BVA decision, he has 120 days to initiate an appeal.

The timeframes are different.

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Agree with the below. Other documents I would try to track down are the Report of Survey (documenting damage to the vehicle). Also may help to try and track down some of the old members of your Bradley crew, they may have filed for similar VA claims and may have critical documents or information. I doubt your bradley commander is still in service but I guarantee he'll remember the incident even thirty years after the fact.

I find it is helpful to also provide a detailed narrative of the incident, treatment you received while in service, post-discharge medical treatments/surgery, through your current condition. Is extremely helpful for anyone reviewing your claim file, to include a private doctor.

Seth Director

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