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Dbq and nexus letter

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Mantana

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El Trian, You could go to the BVA, you need to do some work to get the appeal started but then you wait several years.  The BVA has a habit of reading all medical evidence and as they said in my appeal "the tie goes to the runner".  I would file the appeal and then relax and wait, you have nothing to lose, except your appeal date.

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Very very often the initial VA raters and C&P examiners will flat out ignore your strong evidence in your favor including doctors nexus letters, treatment notes, test results and therefore requiring you to win your claim on appeal at the BVA.  Even though the raters list your favorable evidence in their list of evidence in your decision the buggers (liars) will state you have no evidence and deny your claim in one or two simple sentences or give you a very low ball rating.   They also do this denial without stating a detailed reason in their reasons and basis section and this is an appealable offense.  As with everything there are exceptions of course.

This has been my personal experiences of 30 plus years filing my own mostly successful claims and appeals.

This is not legal advice as I am not an attorney, paralegal or VSO.

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In my opinion, VA raters are complicit in the failure of claims due to their choice to disallow substantive, relevant, objective, favorable medical evidence and sabotage  claims through the use of inadequate, unfavorable C&P exams  to render a denial.

The VA has gone so far as sending me for a C&P exam whereby I received a favorable nexus opinion establishing service connection, yet the VA refused to grant my claim, and sent back  to a different C&P

examiner a few weeks later for the same condition, which I believe the rater was 99% sure would go against me, and it did. 

 

Whaddya know... when my pretty white envelope arrived via the US Postal Service, my decision letter stated that the second C&P examiner's negative opinion was, in their words, "more persuasive" , I quote.

Five years later, I still am waiting on a BVA ruling about this VA necktie party.

 

I have spent thousands of dollars, over the course of five years, fighting the cold-hearted, corrupt VA bureaucracy.

 

I pay a good attorney to fight all of my legal battles now.

That effort has cost me 11 grand of my benefit awards but I consider it money well spent.

I know if the VA wants to play more silly games and give out more silly prizes that I now have a legal eagle that has got my back.

 

I have also paid thousands in out-of-pocket  expenses for nexus letters, IMOs. and medical care, including imaging.

 

I have begged, borrowed, but not stole,  to come up with the money it takes to fight and win my claims/appeals.

 

Even when the evidence you have is good, the VA can, and often will deny you.

Don't ever quit fighting for what is rightfully yours.

 

So even with a win on appeal, it is not really 100% a win, as I have incurred substantial costs to fight to get what was rightfully mine in the beginning.

In civil court, you win a case and the loser is liable for costs I'm thinking.

 

Not the VA, when you do finally win, you still incur substantial financial loss.

Such is the game.

 

HADIT.com, through the many veterans that come here and contribute their time and knowledge, is a big deal from my standpoint.

 

 

Edited by 63Charlie
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