Claim help

[Raychamp]

I have a question regarding a RATING DECISION I received a while back.On the last paragraph of page 3 they state  “As you did not specifically claim these conditions, they are not inferred in this Rating Decision.”

What does “inferred” mean?  Are they saying that I was not denied for these conditions so I can still file a Claim?   

 

[brokensoldier244th]

It means that you didn't claim it so they didn't include anything that you didn't specifically claim. When you file a claim it can be beneficial to not get too specific because there may be related conditions that you won't think to include but the doctor would infer. If you claim super specific conditions then that's exactly what they will examine for.

[vetquest]

You need to file for this condition is what they are saying in a round about way.  You submitted a doctors review and got a denial.  In the review did the doctor state he had read all of your service medical records?  Did he use the statement more likely than not related to your military service and give a reason for his decision?

[paulstrgn]

I would also suggest that you have your doctor give a statement of how he/she came up with their rationale.  They want to also know what makes the doctor think this and what he is referencing to come up with the diagnosis. I would also ask for his CV so you can show why the are qualified to make their decision.

[GeekySquid]

As I read that letter what I get is that you submitted private medical records but you did NOT have and actual IME w/ DBQ to submit.

The VA examiner is the one who said that while you have those conditions listed by your private doctor and further stated they were not service connected and, according to this letter, provided a supporting rationale.

Assuming that is the correct read of this document, go get your C-File and get that DBQ. Redact it and post it here.

You also want the Letter from the VA to the Doctor saying what to look for and evaluate.

I have been seeing this type of thing since I finally got rated. They make statements like this letter claiming a rationale and when you finally read the DBQ all it says is "nope I don't think it is connected". That is not a rationale, it is an opinion. A rationale requires evidence and a discussion of why and why not.

To be frank you will likely need an IMO/IME with a full DBQ, from a doctor that knows how the VA works. That means a specialist with VA experience and the right credentials.