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Natural Progression Of Disease - Strategy To Address/appeal

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rootbeer22

Question

Folks:

I'm know that we have Vets on hadit.com that have addressed this before and I could use your expertise. Anyway, I could use some advice how to proceed in terms of the best approach. Had a CP Exam this year in which the VA doctor said that my cervical neck injury was a result of my traumatic Tank Accident in service, but that the condition was a natural progression of the disease? He is a local part time contractor PA and not a regular VA Doctor that did the exam. He wrote on the CP that he concededs that the neck injury happened as a result of action in service and the smr's are clear to this point. However, even when he concedes in service, in the same statement he then says, "that it is "less likely" service connected because of the natural progression of the disease which seems counter-intuitive to me? I also have screws and steel rods in my back as a result of the same accident and there are hundreds of pages of smr evidence for my back and neck injuries. Frankly, there's not many professions where Tanks are used besides the Army anyway so that's the only place that it could happend and that's in the military. Also, the doctor recorded that my ROM measurements were very low, meaning I have very limited movement and hence a lot if damage to my neck. Anyway, is this something that can be challeged via a NOD, DRO Review or even maybe and IMO or IME? What's a good strategy to address this....

Thanks in advance for your responses.....

Edited by rootbeer22
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  • HadIt.com Elder

rootbeer22 yes this can be rebutted!

Go to a private specialist and get a second opinion just make sure the Dr is qualified certified in this particular field of medicine.

Just let the Dr know your trying to get VA compensation and the VA is trying to put the screws to you and also mention to the Dr that anything he states will not come back on him/her as for as him getting into trouble with the VA (I had to tell a Dr that one time) it eased his mind and he gave me a good IMO.

Just ask the Dr to address your issue and SHOW C&P the report to him/her about what the Dr stated in his report as to the statement ''it is'' less likely as not''service connected because of natural progression of the disease.

tell the Dr you don't agree with that statement and you need his expert opinion.

Question is would this still be a natural progression if this event never happen?

After the Dr examines you then mention to him/her how the VA likes the wording as to his opinion or impression>>> likely to as not caused by military service or likely as not 50% greater caused by military service ect,,,ect,,,

This is what the IMO/IME is for...UNFORTUNETLY at your cost to rebut this VA Dr Its costly but well worth the $$$

jmo

.................Buck

Edited by Buck52
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Buck:

Thanks..that makes me feel better....that at least it can be challenged....I appreciate the post...take care...

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