New Exam Scheduled After Nod And Imo Filed

[bluevet]

My original claim was denied after the C&P examiner failed to find a nexus between my 30 day in-service (mental health) hospitalization and my current diagnosis of bipolar disorder. I am currently rated 70% non-service connected (per e-bennies). I filed a NOD and DRO request, then got an IMO/nexus statement from an expert Psychologist. Today, I found out from calling the VA, that I am being scheduled for another exam. I can't help but feel that they are seeking to negate my IMO, by getting another incompetent QTC examiner to deny a nexus. Are they just going to play ping pong until I give up?

[bluevet]

It helps me when I keep it in perspective. According to the BVA chairmans report and Chief Justice Roberts, the VA takes a position against the Vet 70% of the time that is substantially unjustifed. So, that pretty much means they deny almost everyone and then fight everyone for their benefits. Thus, if you show up (apply for benefits) and follow up ( timely file a Nod, and, timely file the I9), you have a 70% chance of winning. But, if you quit at any stage, you are done. Quitters always lose at the vA. Im not quitting.

I actually have a BETTER than 70% chance, now that I have an attorney, because, attornies have a better record at VA than VSO's. Im probably up to 75% or better chances now.

Berta points out there are vets who just plain dont have the evidence and dont have a winnable case. However, I know I have the evidence...I have read it...and I know its in my file (now) because I have ordered my cfile. Im not "guessing" its there, I know its there. Some Vets lose because they assume that record is in their file, and it turns out that its not. So they have to start all over.

That's interesting because I just noticed the other day that my in service hospitalization record ( The very event that ties my condition to service), is not listed on my first C&P and there is no mention of it by the examiner.) I have an I.M.O./Nexus statement in the file now. I am filing a statement in support of claim tomorrow, pointing out the missing record on the first C&P exam and stating that because of this error, the first exam (which failed to find a nexus), should be given no weight in deciding service connection. This will leave the new C&P and my I.M.O./Nexus letter as the two main opinions upon which to base a decision. I will ask the new C&P examiner if he received the records of my in service hospitalization and this time I plan on making it clear to him that this is the event upon which my claim of service connection is based. Either way, if I can totally knock down the first exam and make it unusable, even if the new C&P denies connection, with my I.M.O., I should be in a "tie goes to the runner" situation. Fingers crossed.