Va Remand Quiestion

[KDM]

The Remand stated they have to look at the evidence from a 2007 Aug CNPs i had and I I have had several CNPs due to my appeal dating back to 2004,

I had a CNP for this same appeal status post hernia operation and it was due to a mental health issue secondary to my service connected physical diasabilty, t

his CNP was in 2007 Aug 31 the doctor stated that my it was at least as likeyl as not that my mental health issues stemmed from my physical condition fifty fifty probability etc....the VA never used this evidence or sent me SSOC.

The remand said they had to use this evidence from the 2007 CNPs there where several CNPs,

this the mental health issue being one of them,

I am being told by my POA that they cant grant me the 2007 CNP issues becuase they never stated it in the remand about my mental health issues being secondary I feel different but I am conused they made a decision on Sept 9 2013 I spoke to the AMC phone number 202 530 9455 after the furlough that was started on Oct 8 2013 and was told they will send me notification in about a week as of Oct 18,

I hope I am makeing sense here now should this CNp that the Remand stated they have to look at in 2007 qand send me SSOC on the 2007 Appeals that they never sent me seems as if they have to look at this.

The 2007 also negates the negative CNP I had from a Docotor in 2009 and my POA never noticed any of this any ways heeeeeeeelp Berta anyone please ....smile

[justrluk]

I don't know if it's in your best interest to keep faith in a C&P from 2007. In my remand, the VLJ said that I needed a new exam for the appealed condition so there was recent and relevant documentation as to the status of my condition. I don't know the legal VA reference, but they're supposed to make decisions based on exams that express the current status and extent of your conditions (someone will chime in with the proper wording). You really need a new C&P for something that was last looked at in 2007/2009. Your condition may have worstened - if they don't give you a C&P that's more recent, they're only handing you a reason to appeal the BVA decision. Also, how many conditions were on appeal? What specific conditions were appealed? You may need to provide the old C&P (at least as likely as not) that supports your appeal with the logic trail that leads to your current status.