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nanaeris

Remanded Appeal

Question

I got a letter from the VA yesterday stating they could not get some records from the VA in Los Angeles. They stated they had records from 1996-2009 and if I thought they had enough information to make a decision on my appeal.

I got records dated after 2009 that I am going to send to the VA. My question is, the BVA judge stated in her remanded orders that I should have a C&P exam to determine if my bilateral feet disability is secondary to my service-connected bilateral knee disability.

I have sent all my medical records stating exactly what my knees disabilities are. I have had 2 C&P exams in the past, but the Waco RO only asked the doctors wheatear Osgood Shaltters Disease caused my feet disabilities. I pointed out to the judge when I had my hearing that my knees were rated for Osteoarthritis, chondomalacia,, limitation of motion and etc., that is why she ordered the new C&P exam. On the letter from the VA, it states they will make a decision in 30 days with the medical evidence they have. What I am wondering is it correct to make a decision without the C&P exam that the judge ordered? Do anyone have an idea how these decisions without a C&P exam turn out? I don't know if I should demand the C&P exam or not. If this is denied and go back to the BVA, it like starting all over.

Any advise will be highly appreciated. This has been going on since 2017

Thank everyone very much and keep up the fight!

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I think I would get the records from 2009-2017 and send them in asap also

I would wait for the new exams it might help your case if this is what the judge needs.

When was your last exams and were they in your favor?

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The last exams were quite a while ago. The VA would have my records from 2009-2017. The reason the BVA judge requested a new exam, was because the Waco regional office only asked the examiners to only evaluated weather Osgood schlatters disease would cause my foot problem. My knees are rated for traumatic osteoarthritis, chondomalaica, limitation of motion. I have had one major surgery and three arthroscopic surgery on my knees. I have sent these documents to the VA. What I am thinking, since they have these records the decision will be made without a C&P Exam. What I am trying to figure out if this is good or bad. Any insight would be very helpful.

Thank you very much

nanaeris.

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From all I have learned is that a remand is in your favor, except that it adds some time onto your case.  The Board could have outright denied your condition on appeal.  

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