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Positive C&P/Nexus but deferred?

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HONDOII

Question

Hey all,

I recently posted another topic about having some items deferred but having a secondary claim approved and SC'd.

Question:

I called my DAV rep today to ask about a deferred claim for bilateral shin splints. He told me that the C&P examiner agreed and made the nexus statement that it was connected to military service. However, the RO deferred the decision due to inadequate objective medical evidence and needed clarification from the examiner.  I know it's a toss up with the VA and raters but what is it looking like in terms of this situation? I believe the examiner just has to justify their position but should I expect another C&P or flat out denial? Anyone experience this before?

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The rater can contact the C&P doctor and request clarification.  Your only option if the rater denies the claim is to appeal.  Some of these guys could not read the instructions to get out of a paper bag.  The good news is that once the doctor's addendum is that another rater will most likely be handling this due to the new system in effect.  Try to get a copy of the C&P for yourself.  I would also request your c-file.  And remember that you never throw anything from the VA away.

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