DevilDog12 Posted June 20, 2016 Share Posted June 20, 2016 I understand that this means less than 50% probability, but is this term an automatic denial? Link to comment Share on other sites More sharing options...
0 hilltravis Posted June 20, 2016 Share Posted June 20, 2016 Typically...unless you have a counter opinion that can trump it. Link to comment Share on other sites More sharing options...
0 DevilDog12 Posted June 20, 2016 Author Share Posted June 20, 2016 He admitted it was diagnosed in service, as stated in STR. But then put that statement as opinion. Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted June 20, 2016 Moderator Share Posted June 20, 2016 It likely means a denial unless you can refute it with other medical evidence. This can come from another VA doc, or private doc. Link to comment Share on other sites More sharing options...
0 Gastone Posted June 20, 2016 Share Posted June 20, 2016 Your at 90%, so unless you expected a 50% Award, regardless of the Award/Denial, probably no bump in Rating. Was this an FDC, if so, you should know the Rater's take on the Dr's DBQ answer, within the next 3 months. Even if it's a Denial, sounds like it, there's always the possibility that a Sr Rater will do a Quality Control Review of the Decision. Possibly change the Decision. I had that happen 01/16 from a 07/15 Award Decision continuing a 0% SC, FDC Increase filed 02/15. Phantom Rater, increased my SA from 50% to 100%, as I had discussed in my Sworn Affidavit that had accompanied the 02/15 FDC. Why the original Rater missed the Nexus, who knows? The Phantom Quality Control Rater caught it and agreed with me, that's all that really counts. I must mention, the FDC C & P Dr disagreed with me also. Told me my 50% SC for SA was not going to get the increase. I should track him down, show him the Award, Fxxx his Dope Up, right. Semper Fi flores97 and FLTMEDOPS 2 Link to comment Share on other sites More sharing options...
0 DevilDog12 Posted June 20, 2016 Author Share Posted June 20, 2016 This was not an FDC, but did move rather quick. I was seen by a PA, not a Dr, as I have been on other exams. But confused as to why he did say it did happen in service, and documented, but less likely than not. Link to comment Share on other sites More sharing options...
0 Gastone Posted June 20, 2016 Share Posted June 20, 2016 Not an FDC, don't let that happen again. Not unusual for a Reg AXX claim to take a year or so, before you get a Decision, even a Denial. Semper Fi Link to comment Share on other sites More sharing options...
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DevilDog12
I understand that this means less than 50% probability, but is this term an automatic denial?
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Gastone
Your at 90%, so unless you expected a 50% Award, regardless of the Award/Denial, probably no bump in Rating. Was this an FDC, if so, you should know the Rater's take on the Dr's DBQ answer, withi
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