Can I add Additional Denial Rebuttable While In NOD?

[SgtE5]

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 March 13, 2019 by SgtE5

[SgtE5]

I have an appointment on Monday with a VSO to discuss the cue. Hopefully he will have enough knowledge to know what to do.

[SgtE5]

Spoke with the county VSO this morning. He says this is not a CUE. Just someone forgot to copy and paste the C&P as evidence. He says it will get looked at during my NOD. So I don't know what to do now about it.

[Berta]

It is a CUE- 38 CFR 4.6 violation.

I have know many vet reps and none on my POA in the past knew what a CUE is.

You can call the C & P contractor and complain-I posted their contact info in this thread-

You can file the CUE via IRIS as a complaint, or just tell them the RO did not use the DBQ because of the date of the decision.

You can complain to the White House Hot Line 1-855-948-2311

Or you can call your VARO's director.

I should have their info-

or the initials of the decision in the RE: might help: If I have them I can see if they are initials of a VSCM and give you their phone number.

It is a CUE -Prime Facie, and can be corrected many ways. I bet your rep does not even know what prime facie means, sounds like the lazy assed vet reps I used to have.

They all  received the same training from NVLSP that I did, enhanced annually by the VBM.

If you give us the VARO that is handling the claim I will give you contact emails or phone #s or both for their director and their VSCMs .

But if you dont want to call them ( this could be fixed in a heartbeat via the contractor or an IRIS complaint or filing of CUE etc ) 

so be it.

 

 

 

 

 

[SgtE5]

Berta, looks to be Julei N. HuI and second signature Calen M. McHenry.

[Berta]

Was the decision from the Roanoke VARO?

I mean the denial, not the Voc Rehab letter.

VARO Roanoke, VA Kathleen Sullivan Acting Director

540-597-1121    phone

540-597-1785 Fax

kathleen.r.sullivan@ va.gov 

(always put those periods in)

I only have one VSCM listed    

David Svirsky           540-597-1150 phone

no fax and no email listed but you might try david.swirsky@va.gov

I took a WAG on the RO but if this is not the right RO you deal with and that the decision came from, with ,just let me know which one it is.

My lists are by the VA Regional Offices.

 

 

 

[SgtE5]

I have no idea. I live in Florida. Should have been the St. Pete RO. But I was told this morning by the VSO the decision can be from any RO office.

I did just got off the phone with the WH Hotline and made a formal complaint. We'll see how that goes.