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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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propp3

Anyone Know the CAVC case, cite?

Question

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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The United States Court of 
Veterans Appeals (hereinafter "the Court") held that VA's 
failure to conduct further evaluations and studies as 
recommended by VA's own examiner constitutes a breach of its 
statutory duty to assist the veteran as provided for by the provisions of 38 U.S.C.A. § 5107(a) (West 1991).  Hyder v. Derwinski, 1 Vet.App. 221 (1991).  See also Green v. 
Derwinski, 1 Vet.App. 121 (1991)

Think I found the case...see snippet above. I think Hyder v. was the CAVC case I'd read and lost track of but gonna read both. 

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https://www.ravellaw.com/opinions/e9fe748f662c2e7f81fa5cd421b05560

Hyder- see paragraph 33

"Notwithstanding the recommendation, the clear authority, and the statutory obli­gation to assist, the BVA concluded that the veteran was not entitled to the benefit of the “doctrine of reasonable doubt” un­der 38 U.S.C. § 3007(b) (1988), because “the evidence currently of record does not per­mit the Board to grant the benefit sought on this appeal.” Hyder, at 6. The denial of the claim cannot be permitted to stand where, as here, the VA breached the statu­tory duty to assist by not conducting the supplemental examination recommended by its own physician. -- Hyder v. Derwinski, 1 Vet. App. 221, 225 (CAVC 1991)"

Lots of other citations there as well.

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