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VA claims denied 1 day after my C&p exam

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Ducato90

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So I filed for disability about 3 months ago and just had my exam on Wednesday for back and stomach. 

 

I injured my lower back a few times while in but feel I never got proper treatment. After I got out I've injured my lower back continuously. I finally had an MRI done and they found a tumor. 

 

I had surgery and everything a year ago, the surgeon told me there is no guarantee this is what is causing you back pain. Been a year and half since surgery and still having problems. 

 

So I filed a claim I didn't mention tumor but brought it up during my cp exam and explained everything. The examiner made it seem like I certainly had a case for my back as they could see my injuries while I was in. 

 

I guess my point is I'm confused in how I had my exam on Wednesday and all of my cases were closed and deemed not service connected. Can the examiner relay that information that quick to be denied one day later after sounding like it was certain I would receive something

 

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  • HadIt.com Elder

Ducato90 Welcome to Hadit. The best thing to do is to issue a supplemental claim. The examiner may have "sounded like he was sympathetic," but you need to get a copy of what he actually wrote up. Request a copy of the C&P exam. You are not qualified to diagnose your medical opinion and if it is service connected; you need a medical opinion, IMO from a specialist to do that. Without it, appealing the denial will be a waste of time. You're not likely to get that kind of eval from a VA doc, so start researching getting a doc to do the medical opinion.

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I guess I'm just upset at the fact I had injuries while I was in I know this. But I'm just surprised that literally one day after my exam my case was closed and denied. I filed for depression and anxiety as well and didn't even get an exam they just denied everything. I understand what your saying. Thank you for the response

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19 hours ago, Ducato90 said:

I'm just surprised that literally one day after my exam my case was closed and denied.

I would be really surprised if they could get the information that quickly and make the decision. 

 

19 hours ago, Ducato90 said:

I filed for depression and anxiety as well and didn't even get an exam

Did these show up during service? I got depression secondary to chronic neck and back pain. My civilian doctor at the time wrote he thought it was coming from my pain. You can take these up with your current doctor and see what they say.

testing my signature

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First, relax............

Next, carefully read the decision letter.

Remember the Caluza standard.

1. Do you have in-service incidents of what you are claiming?  IMPORTANT

2. Do you have a current diagnosis for everything you are claiming?  VERY IMPORTANT

3a. Have you still been receiving continuous treatment since discharge?

3b. Has a doctor connected (medical opinion) your in-service incident with your current diagnosis?

 

This process is fairly simple, but complex in medical evidence causation.

A doctor should be able to offer an opinion of 51% probability on two medical issues.

STAY STRONG and DON'T GIVE UP..............

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  • HadIt.com Elder

Ducato90

Once your denied  you need to Appeal their decision within one year from the decision . and you base this on a (IMO)Independent Medical Opinion GB Army mention above.

you quoted this above'' guess I'm just upset at the fact I had injuries while I was in I know this''..

ok find these medical records while you were in, And find a private Dr  (specialist preferred)  have him to read these records  and ask him to give his medical opinion of these injury's/disease you had while in the military  if they can be the cause or be related to you now that causes you to hurt or can't work?

   This new Dr needs to say this   ''it is my medical opinion after examining this Veteran and reading his medical records  it is likely as not his injury's /disease occurred while in the military  or something close to this.  but he has to examine you and read your medical records from the military

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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