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C&P Exam: Mentioning Inaccuracies to RO Before Claim is Decided
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FlyHigh1995,
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VA Disability Claims: 5 Game-Changing Precedential Decisions You Need to Know
Tbird posted a record in VA Claims and Benefits Information,
These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.
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Frost v. Shulkin (2017)
This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected.
Saunders v. Wilkie (2018)
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Martinez v. McDonough (2023)
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Are all military medical records on file at the VA?
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I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful. We decided I should submit a few new claims which we did. He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims. He said that the VA now has entire military medical record on file and would find the record(s) in their own file. It seemed odd to me as my service dates back to 1981 and spans 34 years through my retirement in 2015. It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me. He didn't want my copies. Anyone have any information on this. Much thanks in advance.-
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Tbird posted a record in VA Claims and Benefits Information,
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
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Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”-
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Post in Chevron Deference overruled by Supreme Court
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VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
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I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.Picked By
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Question
FlyHigh1995
Thank you to everyone who shares information and experiences!
My question: Is it wise for me to attach a memo to my claim detailing the inaccurate info. on my C&P exam since I have proof it’s inaccurate? I just figure it can’t hurt and maybe it will result in me having to avoid an appeal if I can make RO aware of discrepancies now.
I almost feel like I need a camera & microphone to record exams; which I wouldn’t do, it’s probably against the rules...but when medical professionals lie on reports...it’s tempting. I would like to say she made mistakes, but she blatantly falsified information. Unfortunately, this seems common practice during alot of VA exams.
I recently had a C&P exam with a Nurse Practitioner for a Gerd/Hiatel Hernia increase. I’m currently 10%. I have symptoms for 60%, including occasional vomiting of blood and emergency room visits. I also claimed services connections for a couple of medical issues. After reading the VA examiners responses to the DBQ questions, I noticed she blatantly falsified info. Stating she performed exams she never actually physically did. She stated I hadn’t had labs or endoscopy for a Gerd; which are actually in my records. She checked the “No” box to questions regarding whether or not my disability affected my work, even though I told her “Yes” and I actually went into great detail as to how my work is affected.
I actually had a non VA doctor (who used to actually be a Comp & Pen Examiner with the Va) fill out DBQs, including one for Gerd. She reviewed my records and put all the right language on DBQ including that she reviewed my SC records and prior C&P exams and statements like “ as least as likely as not...etc...” . I thought Comp & Pens were not necessary if veterans submit completed DBQ from a Non Va doctor.
I plan to get an IMO if I have to appeal.
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Buck52
Well its not on every week just ever now and then they have these live shows where you can call in. Jbasser usually sends out a post here on hadit.com as for as when they have the shows and he
Miken2c74
I challenged a C&P exam and won. I had an IMO/IME prepared and wrote the differences between the two exams and why one exam should have been afforded more weight over the order. So when they assi
Buck52
This is a good reason why you need to call into the hadit podcast radio show with John Basser and Jerrold Cook when they have Bill Creager on he is a retired senior rater and DR0 He can answer the
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