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bvalp

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Short history: Service from 1974 -1994. Army

Original claim date: May 18, 2011

Decision  letter: Oct 30 2012

Appeal date:   Dec 10 2012

Remand date: July 18 2018

Examine date: Mar 2019

Arrived at AMC: Aug 2019

Any guesses as to completion date?

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Is this your case ?

https://www.va.gov/vetapp18/files7/18119936.txt

If so this is a lengthy remand: ( I hope others chime in as there are things here that concern me)

"After a thorough review of the record and examination of the Veteran, the reviewing examiner is requested to: (a) Indicate all low back disorders and neurological impairment in the lower extremities. (b) Provide an opinion as to whether the current low back disorder is at least as likely as not (50 percent or higher degree of probability) related to service. **In addressing this question, please consider the Veteran’s report of making at least 65 parachute jumps, that he sustained repeated traumas through hard landings during parachute jumps in service, and that he reported recurrent low back pain at the time of his April 1994 separation examination. (c) Clarify the presence of neurological impairment in the right and/or left lower extremities. See December 2012 DBQ reflecting a diagnosis of radiculopathy versus January 2013 VA examination report. If radiculopathy is no longer present, explain why. (d) If the examiner determines that the Veteran’s low back disorder is related to service, provide an opinion as to whether any radiculopathy/neuropathy of the lower extremities diagnosed since the date of claim is at least as likely as not (50 percent or higher degree of probability) CAUSED BY or AGGRAVATED by the low back disorder. (e) Also comment on the Veteran’s claim that any current radiculopathy/neuropathy of the lower extremities is related to his cervical spine disorder. **Although the entire claims file should be reviewed, attention is directed to the Veteran’s military occupational specialty as a parachutist (See undated DD Form 214 covering service period April 1978 to July 1974); the March 4, 2013 Notice of Disagreement (NOD); the May 28, 2015 Appeal to Board of Veterans’ Appeals, Section 10 narrative (VA Form 9); and the service treatment records, including February 12, 1975 injury to upper back/muscle strain, December 18, 1978 report of painful back for three days, and July 1974 reports of Medical History and Examination, and April 1994 reports of Medical History and Examination, including the Veteran’s endorsement at separation of recurrent back pain (See 09/04/2014 “STR – Medical” in claims file). A complete rationale should be provided, citing to specific evidence of the record, as necessary. 3. Then, readjudicate the remanded issues on appeal. If the benefits sought on appeal are not granted, the Veteran and his representative should be provided with a Supplemental Statement of the Case and afforded the appropriate time period within which to respond. (Continued on the next page)   4. Issue a SOC pertaining to the issue of whether new and material evidence has been received to reopen a claim of service connection for a cervical spine disorder. This claim will not be returned to the Board unless the Veteran perfects an appeal by filing a timely substantive appeal."

Have you acquired a copy of the March 2019 C & P exam?

Did they totally disregard your MOS when they denied this years ago?

"This claim will not be returned to the Board unless the Veteran perfects an appeal by filing a timely substantive appeal."   Have you filed a timely appeal?

I have no guess on how long this could take.

Did you ever consider getting a strong IME for this claim? 

 

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I read this, thought I posted to it then lost it. The real good thing is that your Claim is no longer at the AMC ( what we used to call the black hole of VA. Your claim is moving in the right direction and yes it is very slow but it is moving.

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Thanks for the quick replies. Appeal was filed years ago, denied and then went before a VLJ and they ordered the remand in 2018, I did get a copy of the DBQ exam which was done in March 2019...Was extremely favorable for lower back and both legs-examiner stated more likely than not caused by military service. Yes they completely ignored my MOS and Jump status during the first exam years ago and the VA examiner misrepresented the results of the exam which I noted in my letter to the board .  

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Yes, Pete, we used to call AMC the "roach hotel" where Vets check in, but it takes so long to process AMC, they remove Vets from AMC in a pine box.   

Or, what we sometimes call "Kansas" where "dirt goes to die".  

I have seen lots of complaints about AMC, but not as much in the past couple years.  

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HA HA-I was talking in a conference call from NVLSP lawyers some years ago, about something I did  for them that they appreciated a lot and we talked some VAOLA and one of them mentioned AMC and I said Yeah "the Black Hole" and they all had a good laugh- as the vet lawyers do not always speak the lingo we do here----

(or know what we really put up with*)

but it is nice to talk to anyone who talks in VA acronyms.They are all GREAT lawyers!

*Bart Stichman, a few years ago, was shocked to learn how bad some ( maybe most) of the C & P examiners are.

I even replied to him with a GAO report on that.

The C & P exam is often , next to probative evidence, the most important facet of a claim.

It is an outrage that vets often need to spend cash on a valid IMO/IME.

VA pays about 800-900 bucks for every contracted C & P exam. They could actually save money,in my opinion,  if they sent the vets ,who have an obvious probative claim, that amount  or more to put towards an independent exam by a real doctor.

What a scam.

 

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I feel the last DBQ exam which was done by a civilian (contract) was fair and just, she answer the DBQ questions very well and even put in I was not able to work. Don't think a IME would help. She even provided the nexus if I understand it correctly. My place was saved in the appeal list if the remand is unfavorable they said it goes back to bva automatically I'm # 29,000 something lol.

 

 

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