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.

[Buck52]

Yes Hopefully!  hang in there.

[vetquest]

Do not be surprised if you need to go to the BVA.  It seems RO's are missing common sense and reasoning ability.  The BVA is where evidence is read and considered correctly.

[ed33]

19 minutes ago, vetquest said:

Do not be surprised if you need to go to the BVA.  It seems RO's are missing common sense and reasoning ability.  The BVA is where evidence is read and considered correctly.

yea. It seems as though if they don't have a clear cut "incident" in your service medical records they can't piece anything together. It's like, how do you prove exposure over years worth of time? They just want a one shot injury that you went to sick call for.

[rsm-esq]

Hi there,

This will become a battle, but hang in there... It's an uphill situation because the VA physician has clearly stated that it is "less likely than not" that your condition is related to your service.  In other words, that doctor thinks it is unlikely that your cancer condition was caused by any service-related event.  Accordingly, VA denied service connection.  

The way to overcome VA denials is to appeal and submit evidence the supports your argument.  You'll need a medical opinion that supports your contention that your diagnosed medical condition was caused by an in-service event or injury.  This is called a nexus letter - a professional medical doctor's formal statement that in his/her opinion it is at least as likely as not that the diagnosed condition was caused or aggravated in service.   

Imagine an expert witness on the stand for the prosecution.  How does the defendant overcome the expert witness' opinion?  By putting his/her own expert witness who provides testimony supporting the defendant's position.  It's the same principle when filing an appeal for the VA's consideration.

All the best!

[GBArmy]

I would also get a opinion from a specialist, maybe a dermatologist, that can provide the nexus. If you feel that HLR would work, go for it. But as Vetquest said, don't be surprised you have to go to the BVA. Most of the time they are going to rubber stamp what the rater said. Don't give up; appeal.

[El Train]

With a mountain of evidence in my STR's for skin conditions (painful scarring due to cystic acne), the VA did everything it could to deny me.  One positive is, they sent me to QTC; that DR. disagreed with the VA C&P (less likely as not) I had.  They gave me 10%.  I got an outside MD nexus letter and filed an NOD.  Had another VA C&P (wasn't expecting much), increased rating to 80%.  From a potential denial, to 10%, then increased to 80%.  Keep fighting.  If you appeal it could take years to resolve.