mos1833 Posted October 7, 2015 Share Posted October 7, 2015 quick question, if the ro denied my claim in 1985 and called my back injury a defect,with no doctors opinion.just a interpretation from a x-ray..which clearly chronic changes of my condition. would or should they have considered gen.coun.prec.82-90 or were they correct.below are the records.i hope they open ok ??? hadit 2.rtf hadit 2.rtf hadit 7 this is the one.rtf hadit 7 this is the one.rtf hadit 2.rtf Link to comment Share on other sites More sharing options...
0 mos1833 Posted November 17, 2015 Author Share Posted November 17, 2015 thanks broncovetbelow is my induction exam, i dont know what it says though.i know one of them changed my profile. but still said i was good to go. aaaaaa.pdf Link to comment Share on other sites More sharing options...
0 mos1833 Posted November 23, 2015 Author Share Posted November 23, 2015 ok, when 82-90 took effect , did i need to re=file, what happens then , thanks all Link to comment Share on other sites More sharing options...
0 mos1833 Posted June 10, 2016 Author Share Posted June 10, 2016 (edited) just let me say this,,,,,,,,,,, i plan to ask the va to reconsider my claim. and use 82-90 in its decesion, or tell me why not. is that a fair request. no c.u.e. just reconsider it. thanks all. Edited June 11, 2016 by mos1833 Link to comment Share on other sites More sharing options...
0 mos1833 Posted June 11, 2016 Author Share Posted June 11, 2016 is this ok ?? Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted June 12, 2016 Moderator Share Posted June 12, 2016 You need new and material evidence. 38 cfr 3.156. You also need to order your claims file, and especially your medical evidence. You have to know what is in your cfile. Everything else is a guess. Link to comment Share on other sites More sharing options...
0 Berta Posted June 12, 2016 Share Posted June 12, 2016 MOS 1833- I thought your CAVC case ( and Fed Court case, if you appealed the CAVC decision) covered this General Counsel Pres Op. If VA has already considered the Pres Op # 82-90 , at many levels, RO, BVA, CAVC, I do not believe they will reconsider it again at all. Link to comment Share on other sites More sharing options...
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mos1833
quick question, if the ro denied my claim in 1985 and called my back injury a defect,with no doctors opinion.
just a interpretation from a x-ray..
which clearly chronic changes of my condition. would or should they have considered gen.coun.prec.82-90 or were they correct.
below are the records.i hope they open ok ???
hadit 2.rtf hadit 2.rtf
hadit 7 this is the one.rtf
hadit 7 this is the one.rtf
hadit 2.rtf
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FormerMember
VA is constrained to look at 38 CFR 3.303(c): (c) Preservice disabilities noted in service. There are medical principles so universally recognized as to constitute fact (clear and unmistakable proof),
ketchup56
Superimposed. ....That's the magic word . It Clearly states in the x-ray report that Superimposed Osteoarthritis was caused by the original CONGENITAL /ABNORMALITIES therefore if osteoarthritis is
FormerMember
One thing I try to impress on you claimants is that the VARO is invariably wrong. They are always in a rush and top sheet everything. If they do not see it in the top three or four pages, for all inte
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