Denial letter makes zero sense

[ed33]

Hi everyone. Thanks for all the great info on here. I recently go my denial letter for skin cancer and scarring on my face. In the denial letter the C&P examiner referenced an exam from 2005 and a mole on my back as being benign. There for the skin cancer on my head and face isn't service connected???? I have a tremendous amount of factual evidence and a very strong nexus letter from my surgeon. So i guess my question is what my appeal option should be when the denial letter explanation is so far off it doesn't even make sense? I can't even rationalize what they are trying to say because it is so far off base. It seems like the Higher level review option might be the way to go because at least I can get on a phone call with them and explain what's going on. Does anyone have experince getting a conference call with the reviewer under this new appeal system?

Thanks for your input.

[vetquest]

Can you post your denial here.  Redact personal information and post it.  We can help you a lot more if we can see where and why you were denied.  Do not expect the VA to be rational.  It appears many cases in AMA are being denied.  You can fight your denial with service records, doctor statements, and other evidence.  You are only beginning your VA adventure and it is a tough one.

[GeekySquid]

4 hours ago, ed33 said:

I can't even rationalize what they are trying to say because it is so far off base.

@ed33

@vetquest is right so please post a copy of the letter with your info redacted.

Based on only your post, there are so many things possibly wrong it is not funny. Only seeing the letter will let anyone offer a true opinion.

[Blessed]

I had a rare benign tumor denied service connection. My VA supervisor at the time (a former rater) said to me due to size and damage that tumor's growth had to have started while I was still active. So I found an expert, she wrote report I won appeal...it always gets back to medical evidence!! My story is why I tell vets NEVER GIVE UP IF YOU HAVE THE MEDICALS!!

[ed33]

21 hours ago, vetquest said:

Can you post your denial here.  Redact personal information and post it.  We can help you a lot more if we can see where and why you were denied.  Do not expect the VA to be rational.  It appears many cases in AMA are being denied.  You can fight your denial with service records, doctor statements, and other evidence.  You are only beginning your VA adventure and it is a tough one.

Here is the excerpt from the denial letter. A brief back story....So I had 4 cancerous tumors removed from my head and face leaving significant scars. I'm 35 yrs old. Obviously Skin cancer takes time to develop. I provided a nexus letter with specific examples of extreme and prolonged sun exposure during deployments. My face has nothing to do with my back. This was there response.

"On your recent VA examination, the examiner opined that 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. The following rationale was provided: Upon review of the medical history and service treatment records, the moles noted during the veteran’s active service in 2005 were located on his back and were noted benign at that time. The veteran was diagnosed with skin cancer of the face in March 2018. The malignant moles that were diagnosed as cancer in 2018 were located on the veterans face and not on any moles on the veterans back. There is no documentation in the veteran’s medical records regarding further development of pathology regarding the moles on the veterans back noted during service in 2005. Therefore, a nexus has not been established. The claimed condition was less likely than not (less than 50 percent probability) incurred in or caused by the claimed in-service moles "

[Buck52]

Appeal this   you may need to go get a IME/IMO from a specialist to rebutt this examiner.

its unfortunate but that's what most of us has had to do.

[ed33]

Just now, Buck52 said:

Appeal this   you may need to go get a IME/IMO from a specialist to rebutt this examiner.

its unfortunate but that's what most of us has had to do.

Yea i'm definitely going to appeal. I have my nexus letter from a well renowned surgeon who actually worked at Walter Reed for 5 years. I feel like the rater just completely missed the point I'm trying to make. If I can have the conference call with the "Higher level review" I think it can get cleared up.