Claim denied with favorable private & c/p exam DBQs

[FlyboyLeRoy]

Statements also explains why issues weren’t mentioned in service for fear of losing secret clearance and being kicked out.  

[awgv001]

1 minute ago, FlyboyLeRoy said:

Both private.  I don’t see why the va would give me a private examiner for cp If they don’t hold the same value as a va doc. I meet with a va doc in a few weeks. 

Forgive me, I missed that the private examiner was for the C&P ---

It looks like while they did the C&P - they perhaps didn't opine during it to say that it was related to your service (nexus)

Do you have a copy of the exam? If not it's probably going to be an FOIA request to get a copy, since it was outsourced to a private facility.

If you get a copy, and they did opine, you can fill out a disagreement based on that.

[FlyboyLeRoy]

7 minutes ago, awgv001 said:

Forgive me, I missed that the private examiner was for the C&P ---

It looks like while they did the C&P - they perhaps didn't opine during it to say that it was related to your service (nexus)

Do you have a copy of the exam? If not it's probably going to be an FOIA request to get a copy, since it was outsourced to a private facility.

If you get a copy, and they did opine, you can fill out a disagreement based on that.

I have a copy. I’ll upload it once I’m home. That examiner also stated it was 50%  or more caused by my service.  Medical  opinion, dbq, and nexus were all in my favor. 

[FlyboyLeRoy]

27 minutes ago, FlyboyLeRoy said:

I have a copy. I’ll upload it once I’m home. That examiner also stated it was 50%  or more caused by my service.  Medical  opinion, dbq, and nexus were all in my favor. 

 

[vetquest]

Do you have your decision letter to upload?  I would say that the statement that you are not receiving treatment is what killed your claim.  You must have a condition incurred in service, evidence the condition is chronic and a nexus.  It looks like you are missing the evidence of a chronic condition.  That is my best guess by looking at your DBQ.

[FlyboyLeRoy]

5 hours ago, vetquest said:

Do you have your decision letter to upload?  I would say that the statement that you are not receiving treatment is what killed your claim.  You must have a condition incurred in service, evidence the condition is chronic and a nexus.  It looks like you are missing the evidence of a chronic condition.  That is my best guess by looking at your DBQ.

I don't have that yet; It's on the way. I have my first mental health appointment 2/25 so maybe that'll be the missing piece? EIther way I am getting my appeal ready.

[awgv001]

6 hours ago, vetquest said:

Do you have your decision letter to upload?  I would say that the statement that you are not receiving treatment is what killed your claim.  You must have a condition incurred in service, evidence the condition is chronic and a nexus.  It looks like you are missing the evidence of a chronic condition.  That is my best guess by looking at your DBQ.

Reflecting on this a moment, It pertains mainly to the STR's, as it said that there was a supplied statement via 21-0781, and that the statement was not corroborative...basically, they didn't find any remarks or evidence from your military records that reflected what you told them, which debased any medical opinion, nexus or otherwise.....

The strongest point I believe to focus on is covering the in service injury or event. Perhaps there is someone that witnessed the event that could back you up on it with a buddy statement???