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jfrei

AA examination

Question

I thought they were supposed to fill out the 21-2680 for aid and attendance when I looked under my health net it shows she sent in 13 pages of my past records which is fine but there was only a couple of questions in the exam from the form. Is it possible that the form was submitted and this was just entered into my health net records? I’m was looking for the statement of in absence of aid or attendance question and wasn’t in my posted notes. But lists my 100 p and tb for my sTBI residuals and a few other dx in my record....

 

 

IMG_3213aa.pdf

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You have discovered the VA's scam:  The C and P doc is not there to provide evidence to award, they are paid to provide evidence to deny!  Did you notice the nexus statement is lacking from most/all DBQ's?  

(Is the Veterans ____________ diagnosis "at least as likely as not" due to an event in service?)  Yes or no.  

This statement is left off purposely.  If the VA exam "does NOT" provide the requisite nexus, its denied, unless the nexus is on another medical exam.  

The VA does not want to make the powerful 
"suggestion" that the doc should provide a nexus statement.  You see, when the doctor "does not opine" on the nexus, the default is that there is no nexus.  There may have been a potential for a nexus..you could have had an in service event, and you likely had a diagnosis.  But the c and p doc does not opine on the etiology in no small part because the VA does not ask him to do so!  So, the Veteran goes to the C and p exam (probably often not knowing the differnce between a nexus and a Toyota Corolla), and wonder why he is denied.  Sure enough, the doc did not even make an opinion on the etiology of your condition.  This happens a lot.  No benefit of the doubt here.. you have to have a positive nexus opinion..not a nuetral opinion, either.  

A doc statement, 
"The Veterans condition COULD have been caused by an event in service" will result in a denial.  Yes, it could have been caused by service, but the doctor did not opine if it, in fact, WAS caused by service.  I find that interesting...here we have a doctor who makes this opinion (usually because he is unfamiliar with VA legal precedence) trying to help the Vet out, when unsure if it was caused by service or not.  The default here should be in favor of the Veteran.  Nope.  "Could have been caused" is defaulted to "it was not caused" by service, because its "speculative".  Ditto for "may have been caused", or "might have been caused".  This is not a claimant friendly atmosphere.  

If I was "in the area" and had an opportuntity to commit a crime, this does not mean that I did commit the crime.  It means I "could" have committed it.  Of course, in most inner city crimes many thousands of people were in the area and "could" have committed the crime.  So, should we convict everyone in the vicinity who "may" have committed the crime?  

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She did say my sTBI which is service connected has caused all of the residuals but again this is the notes from my healthnet not the actual exam form which I’m awaiting in the mail later this week my wife requested a copy from the release of medical records... I guess these are not all the stuff submitted into the rater

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3 hours ago, broncovet said:

You have discovered the VA's scam:  The C and P doc is not there to provide evidence to award, they are paid to provide evidence to deny!  Did you notice the nexus statement is lacking from most/all DBQ's?  

(Is the Veterans ____________ diagnosis "at least as likely as not" due to an event in service?)  Yes or no.  

This statement is left off purposely.  If the VA exam "does NOT" provide the requisite nexus, its denied, unless the nexus is on another medical exam.  

The VA does not want to make the powerful 
"suggestion" that the doc should provide a nexus statement.  You see, when the doctor "does not opine" on the nexus, the default is that there is no nexus.  There may have been a potential for a nexus..you could have had an in service event, and you likely had a diagnosis.  But the c and p doc does not opine on the etiology in no small part because the VA does not ask him to do so!  So, the Veteran goes to the C and p exam (probably often not knowing the differnce between a nexus and a Toyota Corolla), and wonder why he is denied.  Sure enough, the doc did not even make an opinion on the etiology of your condition.  This happens a lot.  No benefit of the doubt here.. you have to have a positive nexus opinion..not a nuetral opinion, either.  

A doc statement, 
"The Veterans condition COULD have been caused by an event in service" will result in a denial.  Yes, it could have been caused by service, but the doctor did not opine if it, in fact, WAS caused by service.  I find that interesting...here we have a doctor who makes this opinion (usually because he is unfamiliar with VA legal precedence) trying to help the Vet out, when unsure if it was caused by service or not.  The default here should be in favor of the Veteran.  Nope.  "Could have been caused" is defaulted to "it was not caused" by service, because its "speculative".  Ditto for "may have been caused", or "might have been caused".  This is not a claimant friendly atmosphere.  

If I was "in the area" and had an opportuntity to commit a crime, this does not mean that I did commit the crime.  It means I "could" have committed it.  Of course, in most inner city crimes many thousands of people were in the area and "could" have committed the crime.  So, should we convict everyone in the vicinity who "may" have committed the crime?  

But what’s xxxxxx up im fighting in my appeal that is with the judge in DC service connection for my bilateral DVTS and in the c and P exam for my SMC she said I was diagnosed with the DVTs when in a 26 day coma from my TBI. Why can’t I submit that in as evidence? Oh wait if I submit it in as evidence it has to be resubmitted and reviewed by the RO before going back to the. Judge unless I waive RO right to review and even then that’s another year of xxxxxxx waiting for what should have been connected years ago like the skull fracture denied....that’s my frustration sorry about the language I’m calling the Bva and asking them if they can see my dx of the DVTs and what my options are. Pardon my language although it does say I’ve been excepted into the Va poly trauma rehab in Richmond Va and I would have been there but it was delayed due to birth of my second child and also financially unable to go as well not sure what the rater will say about that...

Edited by jfrei

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