I obtained a 3rd medical opinion and another lay statement for my claim. I am forwarding them to the VA along with this letter. Would like thought/ideas on the letter before I send it.
Thanks
To:VA
Date:09-23-2015
I am attaching a 3rd medical opinion in support of my claim and another statement in support of my claim.The VA now has 5 medical opinions stating I currently have my claimed conditions and these were incurred during service.The VA also has 5 lay statements in support of my claim and billing records to prove I was diagnosed with my claimed condition during service.
I believe the evidence is overwhelmingly in my favor and my claims should be granted.
I also found the following court cases which apply to my claim:
BVA Citation Nr: 1230688
In this case the veteran was denied service connection in part because of the lack of reporting during his exit exam.The BVA stated that “the improper reliance on the absence of documented” condition “at separation and a lack of corroborating medical evidence in determining there is no nexus between the Veteran's current” condition “and service, without addressing the competent evidence of continuity of symptomatology, diminishes the probative value of the VA opinion.”…”Regardless, the Board accepts that the Veteran had” the condition “during service, based not only on his MOS but also on his credible statements and finds that his report of in-service” condition “and continuity of symptoms after separation to the present, to be both competent and credible.
The evidence is in at least equipoise, and thus, resolving all doubt in favor of the Veteran, service connection for” condition “is warranted.Consequently, the benefit sought on appeal is granted.
The above case almost exactly mirrors my case.
In Buchanan, 451 F.3d at 1335 it was determined that “lay evidence is one type of evidence that must be considered” and that “competent lay evidence can be sufficient in and of itself.” The rule announced in Buchanan is particularly important when veterans' service medical records have been destroyed. Unless lay evidence were allowed, it would be virtually impossible for a veteran to establish his claim to service connection in light of the destruction of the service medical records.
In Jandreau, No. 04-1254, slip op. at *3. Lay evidence can be competent and sufficient to establish a diagnosis of a condition when (1) a layperson is competent to identify the medical condition,4 (2) the layperson is reporting a contemporaneous medical diagnosis, or (3) lay testimony describing symptomsat the time supports a later diagnosis by a medical professional.
My 5 lay statements all describe symptoms supported by a medical diagnosis.
Question
ddj6969
I obtained a 3rd medical opinion and another lay statement for my claim. I am forwarding them to the VA along with this letter. Would like thought/ideas on the letter before I send it.
Thanks
To: VA
Date: 09-23-2015
I am attaching a 3rd medical opinion in support of my claim and another statement in support of my claim. The VA now has 5 medical opinions stating I currently have my claimed conditions and these were incurred during service. The VA also has 5 lay statements in support of my claim and billing records to prove I was diagnosed with my claimed condition during service.
I believe the evidence is overwhelmingly in my favor and my claims should be granted.
I also found the following court cases which apply to my claim:
BVA Citation Nr: 1230688
In this case the veteran was denied service connection in part because of the lack of reporting during his exit exam. The BVA stated that “the improper reliance on the absence of documented” condition “at separation and a lack of corroborating medical evidence in determining there is no nexus between the Veteran's current” condition “and service, without addressing the competent evidence of continuity of symptomatology, diminishes the probative value of the VA opinion.” …”Regardless, the Board accepts that the Veteran had” the condition “during service, based not only on his MOS but also on his credible statements and finds that his report of in-service” condition “and continuity of symptoms after separation to the present, to be both competent and credible.The evidence is in at least equipoise, and thus, resolving all doubt in favor of the Veteran, service connection for” condition “is warranted. Consequently, the benefit sought on appeal is granted.
The above case almost exactly mirrors my case.
In Buchanan, 451 F.3d at 1335 it was determined that “lay evidence is one type of evidence that must be considered” and that “competent lay evidence can be sufficient in and of itself.” The rule announced in Buchanan is particularly important when veterans' service medical records have been destroyed. Unless lay evidence were allowed, it would be virtually impossible for a veteran to establish his claim to service connection in light of the destruction of the service medical records.
In Jandreau, No. 04-1254, slip op. at *3. Lay evidence can be competent and sufficient to establish a diagnosis of a condition when (1) a layperson is competent to identify the medical condition,4 (2) the layperson is reporting a contemporaneous medical diagnosis, or (3) lay testimony describing symptoms at the time supports a later diagnosis by a medical professional.
My 5 lay statements all describe symptoms supported by a medical diagnosis.
Thank You
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