Jump to content

  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0
Sign in to follow this  

Fighting a bad C&P medical opinion.


When you get a C&P exam with a bad opinion you can challenge that with peer reviewed medical literature.  Most of the time, these opinions fail to identify any source proving the basis for the opinion. This can be challenged with medical literature from valid sources.

I can access college library with links to professional journals, as well as Google Scholar that also provides links to professional journal articles. These are  peer reviewed, and considered equal in weight to any opinion that a medical professional can provide. Anyone can use web sites as well that help find articles from journals that are recognized and authored by medical professionals, such as

https://medlineplus.gov/ , 

https://www.merckmanuals.com/professional , 

https://www.ncbi.nlm.nih.gov/pmc/ , 

and Va HealthEVet also has a library with links.

Example: Opinion from C&P exam states that there is no way that your service connected left leg condition can cause your shoulder injury. Claim denied. Request for reconsideration with new evidence can be submitted without an expensive IMO from a medical professional.

New evidence include studies reported in Medical Journals stating that radiculopathy with foot drop frequently cause falls, and more studies that shoulder injuries are commonly caused by falls. Reconsideration includes 3-6 opinions each on both falls and injuries, which disproves the claim that there is no connection between your left leg condition and your shoulder injury. Results: award of 20% for shoulder injury because you proved that the examiner was a clown.

  • Like 3

Share this post

Link to post
Share on other sites

2 answers to this question

Recommended Posts

  • 0

You are so right about reputable and credible research treatise/studies being used by vets as legal evidence in support of your claim/appeal and here is just one of several federal court (precedent) decisions agreeing with you. The key word to use is "TREATISE" as this is the term the BVA uses in most decisions.

Federal Appeals Circuit court in Hensley v. West, stated:  "A veteran with a competent medical diagnosis of a current disorder may invoke an accepted medical treatise in order to establish the required nexus; in an appropriate case it should not be necessary to obtain the services of medical personnel to show how the treatise applies to his case."  Hensley, 212 F.3d at 1265 (citing Wallin, supra).  

However knowing all this and using this evidence in your claim will probably only help you only upon your appeal to the BVA as the initial VA raters routinely ignore this and state you have no evidence in one short simply sentence.  I know as it has happened to me and they do not consider it as new evidence when you request reconsideration.  Not fair or just or maybe even legal for them to do this but it is what it is.

Thanks for those very useful links.

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

  • Like 2

Share this post

Link to post
Share on other sites
  • 0
On 1/16/2020 at 2:24 AM, Dustoff 11 said:

will probably only help you only upon your appeal to the BVA as the initial VA raters routinely ignore this and state you have no evidence in one short simply sentence.

So far, I have used this in all initial claims since my first one. I think it persuades the C&P examiner more than the RO.

  • Like 1

Share this post

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

        • Like
    • Precedent Setting CAVC cases cited in the M21-1
      A couple months back before I received my decision I started preparing for the appeal I knew I would be filing.  That is how little faith I had in the VA caring about we the veteran. 

      One of the things I did is I went through the entire M21-1 and documented every CAVC precedent case that the VA cited. I did this because I wanted to see what the rater was seeing.  I could not understand for the life of me why so many obviously bad decisions were being handed down.  I think the bottom line is that the wrong type of people are hired as raters.  I think raters should have some kind of legal background.  They do not need to be lawyers but I think paralegals would be a good idea.

      There have been more than 3500 precedent setting decisions from the CAVC since 1989.  Now we need to concede that all of them are not favorable to the veteran but I have learned that in a lot of cases even though the veteran lost a case it some rules were established that assisted other veterans.

      The document I created has about 200 or so decisions cited in the M21-1.   Considering the fact that there are more than 3500 precedent cases out there I think it is safe to assume the VA purposely left out decisions that would make it almost impossible to deny veteran claims.  Case in point. I know of 14 precedent setting decisions that state the VA cannot ignore or give no weight to outside doctors without providing valid medical reasons as to why.  Most of these decision are not cited by the M21.

      It is important that we do our due diligence to make sure we do not get screwed.  I think the M21-1 is incomplete because there is too much information we veterans are finding on our own to get the benefits we deserve

      M21-1 Precedent setting decisions .docx
        • Thanks
        • Like
      • 5 replies
    • Any one heard of this , I filed a claim for this secondary to hypertension, I had a echo cardiogram, that stated the diagnosis was this heart disease. my question is what is the rating for this. attached is the Echo.

      • 7 replies
    • Need your support - T-shirts Available - Please buy a mug or a membership
      if you have been thinking about subscribing to an ad-free forum or buying a mug now would a very helpful time to do that.

      Thank you for your support
      • 18 replies
    • OK everyone thanks for all the advice I need your help I called VSO complained about length of time on Wednesday of this week today I checked my E benefits and my ratings are in for my ankles that they were denying me 10% for each bilateral which makes 21% I was originally 80% now they’re still saying I’m 80% 

      I’m 50% pes planus 30% migraine headaches 20% lumbar 10% tinnitus and now bilateral 21% so 10% left and right ankle Can someone else please do the math because I come up with 86% which makes me 90 what am I missing please help and thank you
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Create New...

Important Information

{terms] and Guidelines