Denied service connection

[SPO]

I posted this same info in another thread, longer, thread in C&P exams, but I'll put this here to see if anyone has any ideas.

I apologize in advance for the length of this, but here is an excerpt from my decision letter, I'll try to upload the whole thing later. Most of my contentions have an explanation just like this, or very similiar.

"Service connection for psoriatic arthritis of the left shoulder is not established. Service connection may only be granted for a chronic disability which began in military service or was caused by some event or experience in service.

The evidence does not show an event, disease or injury in service. (38 CFR 3.303, 38 CFR 3 .30~). Your service treatment records do not contain complaints, treatment, or diagnosis for this condition. The VA medical opinion found no persistent disability. 

The medical opinion we received from the VA contract examination was more persuasive than your private physician's opinion because it was based on an in-person examination and a thorough review of your relevant military and /or personal history and contained a more convincing rationale. (38 CFR 4.6) The evidence does not show that your condition resulted from, or was aggravated by, a service-connected disability. (38 CFR 3.303, 38 CFR 3.304) The evidence does not show that your disease developed to a compensable degree within the specified time period after release from service to qualify for the presumption of service connection. (38 CFR 3.307, 38 CFR 3.309)

 The VA contract medical opinion dated December 15, 2018, was not based on a review of your claims file or an in-person examination. 

Service connection for psoriatic arthritis of the left shoulder is denied because the medical evidence of record fails to show that this disability has been clinically diagnosed. (38 cfr 3.303)"

I can make sense of this.  I submitted a DBQ from my doctor with a diagnosis, but the say its not clinically diagnosed.  Also CFR 3.07 and 3.308 are presumptive conditions, I did not claim this as a presumptive condition, its a secondary to psoriasis.  I don't have the copies of the opinion and exam yet.  Also they say the medical opinion was not based on my claim file or an exam, how is that valid for anything? 

Also the VA got a medical opinion in December 2018, and an in-person C&P exam in April 2019.

[GBArmy]

You must make the decision and go with the one you think is best. Just as an opinion, I wouldn't recommend the HLR unless it is blatantly obvious to to a 6 month old Irish Setter that the rater made an stupid mistake, or possible, it is a really obvious effective date issue. The original decision was made in house on the evidence submitted. You are not allowed to submit new evidence for HLR. So, I ask you, how often will the DRO counterman a decision made by one of his own? But, this JMO.

[vetquest]

If you have a rock solid IMO I would request a supplemental lane and then go BVA if it fails.  All three items suggested earlier must be in place.  Your IMO doctor needs to say the read your records and give an opinion and reasons and basis for his opinion to win when the VA contracted doctor/nurse denies.  Use the denial to pick apart what you need to include in your claim and IMO.

[63Charlie]

My wife says that  if you want a clear drink of water, you gotta go to the head of the stream..

Edited September 4, 2019 by 63Charlie

[SPO]

Just so I'm clear.  It appears from the VA's website that I can requests a supplemental claim, then if that doesn't work appeal to BVA.  Does that sound correct?

[GBArmy]

Yes that is correct. If you fail at Supplemental, you can then chose the BVA option(s) to appeal.