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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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SgtE5

Can I add Additional Denial Rebuttable While In NOD?

Question

Posted (edited)

Filed for ankle and knee problems that both are documented in my SMR. I was denied with a reason stating that both were acute problems. I filed a NOD. I requested my c-file, received it on Monday. Had a c&p from a contracted VA doctor so was not in my medical file as it was a contractor. The c&p doctor that did the ankle and knee exam opined the claimed condition was at least as likely as not (50 percent or greater probability) incurred in or caused by the claimed in-service injury, event, or illness. Her rationale: Veteran had no issues related to the claimed CONDITION prior to military service. Onset of the condition was during service, documented in the Service Medical Records. There is evidence of current, chronic and continuous treatment and care. A nexus has been established.

I don't understand why I was denied if the c&p doctor opined claimed conditions was related to service and I have met all 3 elements.

Even though her opinion is in the record, can I add a statment arguing the c&p doctor provided nexus? Or just wait for the SOC as I know it will be denied again and argure to the BVA?


SECTION III – MEDICAL OPINION FOR DIRECT SERVICE CONNECTION
Choose the statement that most closely approximates the etiology of this claimed condition.
X 3a. The claimed condition was at least as likely as not (50 percent or greater probability) incurred in or caused by the claimed in-service injury,
event, or illness.
3b. The claimed condition was less likely than not (less than 50 percent probability) incurred in or caused by the claimed in-service injury, event,
or illness.
3c. Provide rationale:
Veteran had no issues related to the claimed CONDITION prior to military service. Onset of the condition was during service, documented in the
Service Medical Records. There is evidence of current, chronic and continuous treatment and care. A nexus has been established.

Edited by SgtE5

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On 5/1/2019 at 7:48 AM, Berta said:

Has the RO acknowledged receipt of the CUE claim you filed?

Sorry Berta, been away.  No not yet.

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Here is the answer I received from calling the hot line. It was no help.

At this time you have submitted a Notice of Disagreement on the decision that you received July 5, 2018. That appeal is still currently pending. As you elected the traditional appeal process, once reviewed, any errors will be corrected. This will include a complete review of your prior claim and the evidence on the custody of VBA. Currently, your appeal is aged 276 days old. It is not considered to be an outlier until aged approximately 470 days old.

 

The Regional Office is required to work appeals in the order which they are received. The Regional Office is only able to expedite an appeal in instances of homelessness, being over the age of 85, having a terminal illness, or if you are experiencing a serious financial hardship. If you request that your appeal be expedited on the basis of a financial hardship, the RO does require that you submit documentation of your hardship such as past due utility bills or demands for rent/mortgage payments.

 

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Did this response mention the CUE claim I prepared for you- here ,in March?

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Not at all. I have sent an iris email.

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