Ring Around The Va

[101jack68]

B) I was drafted with back problems which the VA doesn't deny. I openned my first claim in 1985.

Was flat denied said Adolescent Epiphystis with back pain is not a disability by law. Doesn't state what Law ?

Not knowing were to turn I dropped the claim.

Now years latter I try reopening the claim running into road blocks. I findly got the claim openned and Its with the DRO had a C&P on Aug 3 06 The doctor said this was a no brainer and it was s/c. I verified by getting a copy of his report. I have submitted 2 doctors opinions, buddy statements etc.

This should be a easy claim. I should never have been drafted.

Anyways on Nov 14 I called the 800# was told that my claim was still at DRO give another 30 to 60 days.

Today a get a letter that I am scheduled for another C&P on Jan 23, doesn't say what for.

I'll call next week to see if I can get anymore Info.

I guess I'm wondering if this C&P is to try and overide the last C&P or could it be for something different.

I could just screem to put it lightly.

Jack

[Guest fla_viking]

Dear Jack

You have a right to see a copy of the RO new C&P order. GO to the C&P office and get a copy. At least you will know what it is for. IF its another exam for the same issue. The VA could be Dr shopping. I can tell you the DRO is just another RO fruad and dely tactic on the veterans. If it was me id tell the DRO to keep there opnion and appeal directly to the BVA. At least you will save the time the DRO is going to take to deny you anyways.

The good news is you got a medical opnion that is as good as a win. The VA cannot deal with that. The courts have protected those opnions by ruling the VA cant over turn them unless fraud or outside medical norm can be proven by the VA. The only power the VA has over you now is see for how many years they can sucker you into staying at the RO level by sending you silly agravating rulings which make you feel like you have to set them straight. One vet has been at the RO for years and years and still cant get them to read her IMO. You best move is to get out of the RO as soon as possibel and appeal to the BVA or even the court until you reach someone who will accept your evidence acording to rule of law.

Terry Higgins

[Guest fla_viking]

Dear Jack

You have a right to see a copy of the RO new C&P order. GO to the C&P office and get a copy. At least you will know what it is for. IF its another exam for the same issue. The VA could be Dr shopping. I can tell you the DRO is just another RO fruad and dely tactic on the veterans. If it was me id tell the DRO to keep there opnion and appeal directly to the BVA. At least you will save the time the DRO is going to take to deny you anyways.

The good news is you got a medical opnion that is as good as a win. The VA cannot deal with that. The courts have protected those opnions by ruling the VA cant over turn them unless fraud or outside medical norm can be proven by the VA. The only power the VA has over you now is see for how many years they can sucker you into staying at the RO level by sending you silly agravating rulings which make you feel like you have to set them straight. One vet has been at the RO for years and years and still cant get them to read her IMO. You best move is to get out of the RO as soon as possibel and appeal to the BVA or even the court until you reach someone who will accept your evidence acording to rule of law.

Terry Higgins

[Vike17]

Jack,

From the way it looks, you were perviuosly denied for your back claim in 1985. You didn't appeal. Then recently you submitted "New and Material" evidence that warrented your claim to be re-opened. The RVSR (Rating specialist) then again denied your claim and you appealed this decsion by choosing to have your appeal handled by a DRO (Decision Review Officer). Is this correct? Ok, obvisiouly there is some type of evidence missing that the VA needs to award service-connection. Why did the VA deny the claim in 1985 and recently, it should tell you in the two decisions. I'm willing to bet that the VA does not have evidence that shows your military service aggravated your pre-exsisting back condition. What does your SMR's show. Do they actually show that your back had gotten worse than what it was prior to entering the military?

In regards to the second C&P exam, there might be something in your C-file that contradicts what first C&P exam shows and they scheduled you for another one to try and resolve any differences. Also, do you have any other claims pending right now. If so, they may be for those other issues.

Vike 17

Edited December 24, 2006 by Vike17

[Josephine]

You have a right to see a copy of the RO new C&P order. GO to the C&P office and get a copy. At least you will know what it is for. IF its another exam for the same issue. The VA could be Dr shopping. I can tell you the DRO is just another RO fruad and dely tactic on the veterans. If it was me id tell the DRO to keep there opnion and appeal directly to the BVA. At least you will save the time the DRO is going to take to deny you anyways.

The good news is you got a medical opnion that is as good as a win. The VA cannot deal with that. The courts have protected those opnions by ruling the VA cant over turn them unless fraud or outside medical norm can be proven by the VA. The only power the VA has over you now is see for how many years they can sucker you into staying at the RO level by sending you silly agravating rulings which make you feel like you have to set them straight. One vet has been at the RO for years and years and still cant get them to read her IMO. You best move is to get out of the RO as soon as possibel and appeal to the BVA or even the court until you reach someone who will accept your evidence acording to rule of law.

I would advise you to do as to guys are telling you.

Get a copy of the order for the new C&P.

I also had a no brainer first C&P with a PHD Psychologist who gave me the correct diagnosis and a More Likely than Not.

Five months later, I was sent for another C&P. This one was to get rid of me.

The Board composed a C&P full of lies, ( one doctor wouldn't sign the exam) which I am disputing at the BVA level.

The Regional Office ruled- We place out weight with the psychiatrist as they are psychiatrist.

The lies sounded better than the truth!

Josephine

[101jack68]

Called the C&P office today was told the upcoming C&P is with a spine specialist.

The first question that comes to mine is why didn't they except the First C&P doctors opinion.

Or are they trying to figure out just how screwed up my back is.

The first C&P Doc included limit of motion.

MY records show had back problems going into service and on seperation.

Have statements from quys in company that I hurt my back when I was forced to jump out of a helicopter at approx 20' off the ground.

Have two Privite Doctor reports that my back problems are due to military service.

I have this feeling this isn't going to end any time soon.

Jack