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Bva Remand For A C&p



Been fighting the VA for benefits since 1986. Never had a C&P just sent in private IME and IMO with

New materals. With all denial made it to the BVA with remand to get a C&P. They sent me a SOC with old denial and mention the remand but did not denied those yet, plus had a VA doctor opinion only on the SOC. My question since I am 62 year will get a C&P for my remand, or will they try and use the opinion only from the VA doctor?

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Since 86, WTF! Your age can't an shouldn't factor into your getting a C & P on Remand. A BVA Remand with a C & P order isn't a "Pleases do this if you can" order. to your VARO Rating Dept. As your well aware, SPEED is not in the VA lexicon. Your private Drs, are they MD/DO Advanced Training Specialists or General Practisioners?

If you have the time and wouldn't mind sharing, how about giving us your Claims timeline. Might help other Vets avoid your what is it, 29 yrs and no rating yet.

Semper Fi


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Ok thank you both for your comments. PEB in 85 for a significant fall with elbow, back and foot injury. Walk out the military in crutches. Timely filed in 86 with to first BVA in 87 was denied. Continue to file a claim in 1990, 1992, 1996. Had back surgery in 1997 went on SSDI.

Then a stroke in 2000. Filed again in 2009, 2010 was in the 2 years waiting backlog denied again, but had first IMO more likely then not shot down. It went to another NOD another 2 years backlog, finally made it way to traveling judge BVA in 2013. With another IME to the BVA came out a remand in Dec 2014. Still waiting for a C&P

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They have probably made the decision to grant if they sent it out for C&P. Otherwise you would have gotten the "Dear Concern, It is with the utmost grief and sadness we must inform you you just augered in again." VA, and BVA as well, take IMO/IMEs seriously. As I teach in my book, the more you have, the greater the odds of a positive outcome. Having the evidence in service of the injury/disease is essential but is no guarantee of a win without the linkage. There are exceptions to every rule, however. Those of us who have evidence of combat evinced by medals are often given a pass and the fabled benefit of the doubt. I won without and wondered why I never got the 1154(b) combat presumption. I found I had never been awarded my medals. Were I to refile for something again, my testimony would undoubtedly be accepted unquestioned.

Congratulations in advance. I'm sure you drew blood, sir.

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