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Benefit Of The Doubt 38 U.s.c. 3007 (b) (1988)

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Guest Jim S.


Guest Jim S.

:rolleyes: I found a COVA claim with similarities to mine and I wonder how the VA was able to get away with

out consideration being made to benefit of the doubt. My diagnosis was made by a conforance of Navy Dr's at my Medical Board, after reviewing my complete record up till that time, which included my military records and medical records and 24/7 observation and treatment for three months, while hospitalized for same.

The VA C&P exam couldn't have been longer than 30-45 minutes in duration and in that time, he not only determined that I had a different diagnosis, but had no residuals from a fractured nasal bone and concusion

and couldn't support the diagnosis for which the Medical Board had given me.

Considering the tests and evaluations and the treatment I was given in the service, and the fact that a conferance of more than on Dr. having concured on the diagnosis, why then did the VARO not consider benefit of the doubt.

Two opinions differing in their belieif, one made after three months of tests, observation and evaluations by more than one Dr, vs. one in which one Dr after one 30-45 minute exam and stating he had reviewed the records to come to his opinion. Nor did he note that the records were mute to his diagnosis, except for what he read into them.

Something is totaly wrong with this picture and I wonder how may Veterans have had favorable diagnosis for SC by more than one Dr, having their claim denied based on the one time C&P exam results.

Jim S. :unsure:

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