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My Appeal Was Remanded To Aoj
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Ryguy
So after years and years of waiting, and having my video conference hearing, my appeal with remanded to the Agency of Original Jurisdiction. VA will notify me if further action is required. Here is the short of the letter:
So basically MRI reports are showing that my neck has degenerative disc disease at c4/c5. I didn't have these issues right after the accident in the military. The letter states the current record does not contain adequate medical opinion which is necessary to decide the claim.The examiner in 2008 and 2011 stated the the remote MVA is not related to neck pain.
These examinations are not adequate because neither examiner acknowledges the cervical spine xray findings in 2003, nor do they consider the Veteran's lay assertions that he had neck pain at the time of the MVA in 2001.
Also it states in the report that the Atlanta VA physician stated in his report that i was being treated for cervical and lower back service connected issues, and other reports from the VA in Chicago state the same thing. So this is conflicting, and the examiner never addressed the doctors statement's on these facts.
Remand must include:
1. Request the Veteran's updated VA Clinical records
2. With appropriate authorization from the veteran obtain records from Adams Radiology. Any private cervical finding.
3. After the above evidence is obtained, schedule the veteran for an exam by a skilled physician in the diagnosis and treatment of spine disabilities.
4. physician must express in opinion where it is at least as likely or greater likelihood that this is due to the accident from 2001. Also that the veterans current degenerative arthritis of the cervial spine is a progression. A complete rationale should be given for all opinions and conclusions expressed.
5. When the development requested has been completed, the case should be reviewed by the RO on the basis of additional evidence. If the benefit sought is not granted, the veteran and his representative should be furnished a supplemental statement of the case, and be afforded a reasonable opportunity to respond before the record is returned to the Board for further review.
Any opinions on this
Edited by RyguyLink to comment
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