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Oceanbound

2nd C & P Exam two years later

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Oceanbound    10

So this is the second C&P exam two years later for the 100% lost of use kidney.  Sitting in the waiting room I see two come out and two a head of me go in.  So the doctor came out and called for me.  I walk towards him and he ask how I am?, I tell him not good (honest answer.)   So we sit down in his room and proceed. He spoke about me having one of these exams two years ago and how did it went?  Well doc, I gave the physician assistant all of my doctor notes showing that it started in... and that she didn't read any of what is now on the pc monitor in front of you.  He then asked about my other symptoms briefly that were printed out on his desk. 

So he goes over each of the questions on the DBQ that hes reading off the screen and I tell him each answer to the best I can.  As he was asking me each, I notice he had to stapled DBQs and I MacGyver-ed it so that I can see if the one below is also mine. Negative, the one below is for someone with mental illness and homeless.  Wait you had a stroke, you're to young to have one? Yes!, but I did due to my TBI.  He ask when my meds timeframe was and he typed away besides looking it up.  I see here your IMO from Dr. Anaise, how do you pronounce his name? A-nais. Anasie? Yes A-nais.  More questions one by one and I answer them honestly. Two or three questions, I asked what does that mean/I don't understand, and he further explains it to me.  So we finish and it was about 30 minutes. He tells me that he has lots to do, look up for this, and I tell him I know I have a copy of my C-file and I half smiled. After that I then send it off and the regional office will make a decision. Have a good day and extends his hand to shake and I use my left, then shows me how to exit through the hallways. Assuming I won't hear anything from the RO for 4-5 months.

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Oceanbound    10

That piece of garbage is not likely a real doctor and only possibly a bottom of the barrel/pond scum PA.

Just recieved my Big White Envelope and I was DENIED with the IMO from Dr. Anaise, only a month after getting a VA C&P exam. I knew I should have gone private, "pay to play" for the DBQ because the dirt bag didn't ask all the questions and a quarter of the time he was asking other things like the weather and stupid garbage. This is why the VA created the rule that we veterans are forbidden to record the session.

Yesterday I was at the DAV and they didn't mention the denial to me, I found out that they have two c-files on me, first being around 47 pages and the other 58 pages, while my c-file is 850 pages two years ago. Likely the evidence I submitted to them and the military one. Today I FIRED the DAV and lawyering up (have decided two year ago which attorney to go with.) I HAD IT with the VA, they DID NOT even claimed  that I had the independent medical opinion even though that piece of garbage PA said he sees it in my file, and I know I shall win at the Court where they can read.

So below is the denial letter. 

 

Dear Oceanbound

We made a decision regarding your entitlement to VA benefits.

This letter tells you what we decided.

Your current benefit payment will continue unchanged.

What we decided. We made the following decisions:

Issue/Contention

right kidney failure (due to medication prescribed for back condition)

Explanation 

  • The claim for service connection for right kidney failure (due to medication prescribed for back condition) is considered reopened. However, the evidence continues to show this condition was not incurred in or aggravated by military service.
  • The evidence does not support a change in our prior decision. Therefore, we are confirming the previous denial of this claim. The evidence does not show that your condition resulted from, or was aggravated by, a service-connected disability. The VA medical opinion found no link between your diagnosed medical condition and military service.

Evidence Considered

  • Notification Letter dated August 24, 2017, Intent to file received August 23, 2017
  • VA 21-526EZ, Fully Developed Claim received on July 17, 2017
  • VA Clinical Documents 9/18/2003 to 8/28/2017
  • DBQ GU Kidney (nephrology) conducted on August 14, 2017 received August 14, 2017
  • DBQ Medical Opinion conducted August 14, 2017, received August 14, 2017

If you do not agreed you can file a NOD 21-0958 enclosed VA Form 4107

 

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Oceanbound    10

The real truth from the VA

  1. We want you to give up
  2. We want you to die
  3. We know we are screwing up your life very badly
  4. Repeat with step 1
  • We just shut down the Communication Office because to many veterans were calling it and getting real answers
  • We are going to continue to lie for decades more
  • We don't want you to write to the Sec VA about how you're at ground zero - Phx VA which is the worst hospital in the country. While down the street is the best neurology center ( Barrow Neurological Institute) in the nation,  and a cross town is Mayo Clinic the best hospital in the country (that Senator McCain prised but didn't mention phx VA, imagine that)
  • in your medical file is numerous CUES and malpractice from the Phx VA

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jfrei    130

I will say to prove your point they will ask you those to find out the cause of the accident for their own reason to deny and say it was your fault. You need to show otherwise you may need to get the opinion of a forensic investigator which is what I had to do and only then did the BVA say ok it wasn't your fault it's now Service connected 6 years later

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Oceanbound    10

 

  • Notification Letter dated August 24, 2017, Intent to file received August 23, 2017
  • VA 21-526EZ, Fully Developed Claim received on July 17, 2017
  • VA Clinical Documents 9/18/2003 to 8/28/2017
  • DBQ GU Kidney (nephrology) conducted on August 14, 2017 received August 14, 2017
  • DBQ Medical Opinion conducted August 14, 2017, received August 14, 2017

I am going to be filing a CUE next month on this for that my IMO and military medical records was never listed. This is why the denials continue "we have all the records" except having your military medical records.

 

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jfrei    130

Military records you say was their ever a LOD for anything relating to the injury?

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