Jump to content
  • 0

My Appeal Was Remanded To Aoj


Ryguy

Question

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 Ryguy
Link to comment
Share on other sites

  • Answers 4
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

4 answers to this question

Recommended Posts

  • 0

RY: I jerked around 2 yrs waiting for a DRO Hearing. During this period I decided to get a couple of DBQ's regarding Neuropathy and AO from Nam. I saw 3 different VA Neurologists.My 1st VA Dr was ready to retire and held the old VA line of Acute PN only, not chronic. 2nd Dr replaced retired guy, much younger but disagreed on etiology, I requested a 2nd opinion from a 3rd Neuro Specialist. After 45 min reviewing all tests, he agreed AO Exposure, "more likely than not, the cause of my PN.' Left his office DBQ in hand. Within 3 days he had updated my VA Med File to include the DBQ and had forwarded a copy to VARO for placement in my C-File.

While your waiting on your Remand, get a VA Specialist's DBQ on your conditions. Tell the VA Specialist exactly what your doing regarding your claim. If he agrees with your disability picture, ask him to complete a condition specific DBQ while your there. Take it with you to your Remand C&P, can't hurt, get it in your records. Just don't sit back, be proactive.

Semper Fi

Gastone

Link to comment
Share on other sites

  • 0

Wow, thanks Gastone, I appreciate all of your help with this matter. But what is a DBQ, I see its some sort of questionaire, but i've never heard of this. And also when you say get a VA Specialist's DBQ on my condition, do you mean my primary care provider, or a neuro specialist. I have a neurologist appointment on Friday of this week to go over issues with my back, so i'm trying to get all my ducks lined up prior to this.

Once again, thanks for helping me with this

Link to comment
Share on other sites

  • 0

Great advice from Gastone.

"With Disability Benefits Questionnaires (DBQs) Veterans now have more control over the disability claims process. Veterans have the option of visiting a private health care provider instead of a VA facility to complete their disability evaluation form.

Veterans can have their providers fill out any of the more than 70 DBQs that are appropriate for their conditions and submit them to us. It's that easy!"

Main page for that info: http://www.benefits.va.gov/compensation/dbq_disabilityexams.asp

Wise to be prepared and good luck! :smile:

Link to comment
Share on other sites

  • 0

RY: I just went to school, BVA appeals school that is. Stumbled on 02/2014 Multi-Staged VA Appeals Process on Google. Very interesting reading. Rather than me reporting, please look it up and tell me what you think. I hope to never need the BVA Appeal but this is great info for someone starting an appeal or already caught up in a long standing appeal that seems not to be moving forward. What did VETS do before the internet and search engines like Google?

Semper Fi

Gastone

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.



  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines