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Wjason777

Satisfied with Appeal except.....

Question

Hello, I just recently had my 7 year appeal completed!  YAY! I'm very happy with the outcome of it except one of the disability's that they denied me on. Everything else looks wonderful. Except I was denied TMJ/ Teeth grinding secondary to PTSD. Out of all the issues that I appealed,  This is the one that bothers me the most and this why I'm trying my hardest to get it approve.  I have taken all the necessary steps to getting all medical records from the various doctors and I honestly think I have more than enough evidence here to win. However, at this point I'm not to sure on how to properly respond to the appeal. I don't want to seem like I'm being greedy or someone that's hard to please, again I'm extremely happy with the outcome of the appeal and I'm defiantly happy with the 7 years of back pay.

With that being said,  I need you all help and opinion on what would be the best way to go about doing this and how should I do it, I attached a copy of the letter i received from the VA explain why i was denied. From what I gathered the Exam Doctor did do the C and P correctly.

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Who was your BVA Appeal Rep? What does your VSR say regarding your Appeal  options? Was the recent Award the result of a Remand?

This question probably should be addressed to Hadit's Resident  BVA/CAVC Expert, AskNod.

That said, here's my 3 Cents. I don't think you can get a redo on the BVA Award. You only have 60 Days from the Award Letter Date to notify the VA regarding  your continued Appeal to the CAVC.

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Well, the way I read your denial they indicate you did not have all 3 Caluza elements.  

1.  Current diagnois

2.  In service event

3 nexus.  

     The board indicates you are weak or missing an in service event, and you had a negative nexus. 

     If your SMr's Did show an "in service event or aggravation", then you can file to reopen due to 38 cfr 3.156 B, or 3.156 c,  as long as you do so in the appeal period.  If its your service records that are missing this key evidence, then you need to try to locate the missing items.  Do you have a copy of your cfile, aka the RBA after a board decision?  You need to get one. 

     Appealing to the CAVC wont fix a missing or negative nexus or missing in service event.  You have to get those or you wont be service connected for that issue.  I have no idea if this is possible, or if its written right down in your records.  

     A missing or negative nexus can be "fixed" often with an IMO/IME..but, to preserve your effective date, you need to do that in the appeal period also, and also file to reopen due to n and m evidence after or along with your IMO nexus statment.  

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But this not what my calm is based on, I'm saying that due to PTSD, (stress, nightmares, mood/ etc.) that is causing TMJ/Teeth grinding. I have mental notes from my VA doc stating this, I also have a DBQ from my Oral surgeon stating this also. 

What I'm getting from the letter is very confusing because in one paragraph its stating that, I indeed have TMJ.  then in another paragraph, it's stating that  the VA examiner is saying that i dont have a dental problem at all. This is most definitely not right.

 

How do I respond to this, what form do I use to write a statement regarding this?

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