A few years back read a CAVC cite that in effect said 'RO can't ignore request by C&P examiner for a test, diagnostics, they deem necessary'. Stupid me, I didn't write it down or if I did, I can't locate it now when I need it. Been googlin' but Google produces way too many hits to wade thru. Then I found this at the BVA appeals search page:
“The Board notes that the Court of Veterans Appeals(COVA) has indicated that the VA cannot ignore requests for diagnostic studies suggested by its own physicians”
The BVA docket # is 91-37 953, and I believe the year is 1995, that the Board remanded it back to the RO using the language above. So I'm not nuts...the BVA was referring to a CAVC(COVA back then) opinion.
I just can't find that COVA case cite. Anyone have an idea?
I'd like to use it in a CUE argument that'll probably get to the BVA sometime next year, late 2019 if I'm lucky, and I'm condensing/clarifying and adding clarity in preparation.
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propp3
A few years back read a CAVC cite that in effect said 'RO can't ignore request by C&P examiner for a test, diagnostics, they deem necessary'. Stupid me, I didn't write it down or if I did, I can't locate it now when I need it. Been googlin' but Google produces way too many hits to wade thru. Then I found this at the BVA appeals search page:
“The Board notes that the Court of Veterans Appeals(COVA) has indicated that the VA cannot ignore requests for diagnostic studies suggested by its own physicians”
The BVA docket # is 91-37 953, and I believe the year is 1995, that the Board remanded it back to the RO using the language above. So I'm not nuts...the BVA was referring to a CAVC(COVA back then) opinion.
I just can't find that COVA case cite. Anyone have an idea?
I'd like to use it in a CUE argument that'll probably get to the BVA sometime next year, late 2019 if I'm lucky, and I'm condensing/clarifying and adding clarity in preparation.
Thanks
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