C & P Examiner Ignored My Nexus Comments

[GoldWarrior]

The C & P Orthopedist completely ignored me when I told him that my orthopedic injuries were sustained during combat. What is the best way to handle this if my claim is denied? I've read about pros and cons of appealing,  requesting reconsideration,  and filing a new claim. Which is the best route to take? 

[jbasser]

 

I suggest filing a NOD or Notice of Disagreement and obtaining an outside IME. Now you can bring a Claims Agent or Attorney on board to help you. 

J

[Berta]

And you need to review your SMRs. You have to establish an inservice nexus to the disability.

Was this C & P done at a VA Medical Center?

If so you can obtain a copy of it by going to this VAMC or writing to them requesting a copy of it via their Records access Officer. Don't use FOIA if writing, just use the Privacy Act 5, USC 552. The VAMC records access officer probably has a simple form to fill out.

Did the C & P doc  have your complete SMRs? 

Did you have inservice treatment or have the condition listed on your Discharge Certificate from the Mil?

You dont have the decision yet so hard to know what you should do at this point.

Do you get private treatment for this disability and if so, has VA accessed the private ortho records?

What actually is the disability?   What cause for it did the C & P doctor come up with?

Have you googled his name to see if he really has any expertise in the disability you claimed?

[GoldWarrior]

The C & P exam was done at the VA clinic in Manila.

What are SMR's?

No in service treatment,  shoulder surgery decades after discharge. 

[GoldWarrior]

The C & P exam was done at the VA clinic in Manila.

What are SMR's?

No in service treatment,  shoulder surgery decades after discharge. 

[GoldWarrior]

Berta  ~ Thank You. What are SMR's? 

[Tbird]

SMR - Service Medical Record