mos1833 Posted November 6, 2014 Share Posted November 6, 2014 (edited) its clear that board or va made its on medical opinion by saying that my back could not be service connected.for a defect. and said it was the law, they claimed the xrays showed a defect,if you read the xray report,you'll see their interpretation is not supported by a clear reading.. even though there was no doctors opinion given at the time, it had to be their on medical opinion. when i read the report i say that there was no defect showned an anomaly is not a defect,nor is osteoarthritis. one of the links below is the xray document, and one is how the board or the va made it on opinion. 1985 did not say defect.txt Edited November 6, 2014 by mos1833 Link to comment Share on other sites More sharing options...
0 mos1833 Posted November 6, 2014 Author Share Posted November 6, 2014 (edited) its clear that board or va made its on medical opinion by saying that my back could not be service connected.for a defect. and said it was the law, they claimed the xrays showed a defect,if you read the xray report,you'll see their interpretation is not supported by a clear reading.. even though there was no doctors opinion given at the time, it had to be their on medical opinion. when i read the report i say that there was no defect showned an anomaly is not a defect,nor is osteoarthritis. one of the links below is the xray document, and one is how the board or the va made it on opinion. bias 20.txt 1985 did not say defect.txt Edited November 6, 2014 by mos1833 Link to comment Share on other sites More sharing options...
0 mos1833 Posted November 6, 2014 Author Share Posted November 6, 2014 i never claimed any thing,i just said i hurt my back in service. below is a lie, and part where they say it appears to be related is not a medical term,and is a simple misinterpretation of the fact. ((((((Therefore, to the extent the Veteran claims osteoarthritis of the lumbar spine, it appears to be related to a congenital deformity which cannot be service-connected. Under the relevant regulations ))))) Link to comment Share on other sites More sharing options...
0 carlie Posted November 6, 2014 Share Posted November 6, 2014 Does not necessarily appear to be a clear CUE at all. Impression states appears to be congenital. Do you happen to have any evidence showing continuity of care ? Maybe something from a family member stating they have been witness to your symptoms of XYZ and what you have had to do for these symptoms,for all this time ? Carlie passed away in November 2015 she is missed. Link to comment Share on other sites More sharing options...
0 HadIt.com Elder Chuck75 Posted November 7, 2014 HadIt.com Elder Share Posted November 7, 2014 There may be a case for aggravation. The VA often ignores this in denials based upon a pre-existing condition. Jerrel 1 Link to comment Share on other sites More sharing options...
0 HadIt.com Elder john999 Posted November 7, 2014 HadIt.com Elder Share Posted November 7, 2014 You need an IME that explains your condition is not some pre-existing congenital deformity. How long ago did the VA deny your claim? The decision must be final to file a CUE. Link to comment Share on other sites More sharing options...
0 mos1833 Posted November 8, 2014 Author Share Posted November 8, 2014 thanks john999 this is so stressful, as i re-read the denial , i can spot so much crap,that it confuses me even more . Link to comment Share on other sites More sharing options...
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mos1833
its clear that board or va made its on medical opinion by saying that my back could not be service connected.for a defect.
and said it was the law,
they claimed the xrays showed a defect,if you read the xray report,you'll see their interpretation is
not supported by a clear reading..
even though there was no doctors opinion given at the time, it had to be their on medical opinion.
when i read the report i say that there was no defect showned
an anomaly is not a defect,nor is osteoarthritis.
one of the links below is the xray document, and one is how the board or the va made it on opinion.
1985 did not say defect.txt
Edited by mos1833Link to comment
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FormerMember
The presumption of soundness at your entrance examination is the last arbiter in this. If nothing was noted on the SF88 at entry, you were assumed to be "whole". If VA has nothing to rebut it with, th
Chuck75
There may be a case for aggravation. The VA often ignores this in denials based upon a pre-existing condition.
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