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Appeal/substantive Form 9
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Ryguy
Hi,
I currently have an service connection rating for my lumbar area. I placed a claim in 2007 for neck and upper back service connection. The claim was denied as there was nothing in my service records about neck and upper back issues. I appealed the VA's decision. After the appeal I had to have another exam, I had the same original examining doctor, who had a formed opinion prior to me being seen, and my Independent medical opinion wasn't even considered . ( All of these things were mentioned in my form 9).
After receiving the statement of case, my va rep recommended the form 9. The form 9 was filed January 3, 2012 . My claim hasn't moved since and ebenefits says its still @ the VARO. When I call the 1800 number I was told its a 1.5 year wait on form 9 appeals.
My question is this, has anyone ever seen the BVA give weight to benefit of doubt or not considering my medical opinion. ? My doctor even put in his notes that at my young age it's evident that my upper back issues are from the accident I was involved in during service . I chose a bva video conference when my docket number comes up.
All opinions and suggestions are appreciated ..
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