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I Know This Is A Cue

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mos1833

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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 mos1833
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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, then your injury, by rights, cannot be denied based solely on a pre-existing injury even if you report it. The military is anal about that exam. Every wart and scar is annotated. If you never said you had anything wrong with your back, they cannot imply it now. On the other hand, if you gave VA carte blanche to go digging in your pre- or post service medical records with a 21-4142 and they find it, that's a different story. This is why I always retrieve records for VA to "vet" them myself prior to submittal. VA has no need to look at how many times I broke my arm to rate me for Hepatitis C.

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