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Old decision riddled with errors?
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Vync
My initial claim for my back was filed in 1995, denied, appealed to the BVA, remanded for a C&P exam, but it was denied in Feb 1998. In 2009, I filed a new claim and won (in 2013) SC for lumbar, cervical, and radiculopathy. If possible, I would like to get an earlier effective date, but did not know that at that time.
The C&P exam is riddled with issues and the rating decision is also very vague. I started working on trying to tie this back to 38 CFR.
Here are the specific BVA remand instructions:
Here's the C&P exam:
The medical opinion was placed on a different C&P exam
Here's the rating criteria in effect at that time
Here's the rating decision:
It is very vague.
It doesn't quote from specific STRs showing injuries, PT, car accidents, etc...
It says I was diagnosed in service, but the exit exam did not diagnose anything.
It says no acute findings, but the C&P doctor did diagnose DJD.
It doesn't indicate the C&P medical opinion (even though it was negative)
It doesn't indicate any criteria for meeting the minimum rating.
Possible error: 38 CFR § 4.2 Interpretation of examination reports.
Possible error: 38 CFR § 4.40 Functional loss
Of course, my lay evidence (testimony) was ignored.
Possible error: 38 CFR § 4.45 – The Joints
Possible error: 38 CFR § 4.59 – Painful Motion
I assume that what the VSR did was see the C&P doc's denial and do as little as possible to close it out.
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Vync
That probably explains the reason behind appeal window, effective date, and CUE laws. If they can keep the veterans in the dark long enough, their appeal window will expire and then they can keep the
vetquest
Vync, I am also looking for an EED on my case. It should have been an easy decision but the VA likes to make it difficult on us. Good luck. I also agree with Broncovet, find a good lawyer and i
pwrslm
That's a CUE. Undebatable, the examiner noted the pain, and then said it was not there. This was C&P, a govt paid exam with an error. Reopen is gone. That's how we used to do EED for this kind
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