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HadIt.com Anniversary 24 years on Jan 20, 2021

VA claims denied 1 day after my C&p exam


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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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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. Requ

I think you need to have the surgeon write that up.    Using the "likely as not" nomenclature to describe what he writes up.  Try to put your frustration into figuring this crap out.

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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

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On 11/22/2020 at 2:59 PM, kanewnut said:

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

 

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.

I had a few injuries while I was in that caused me lower back pain. The problem I believe is they found a tumor in my spine last year and I think they are going off that. 

 

The thing is I've had problems for years and the surgeon told me I probably had the tumor in me for about 10 years, which would mean I had it while I was serving

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4 hours ago, Ducato90 said:

the surgeon told me I probably had the tumor in me for about 10 years, which would mean I had it while I was serving

I think you need to have the surgeon write that up. 

 

On 11/23/2020 at 10:44 AM, Buck52 said:

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

Using the "likely as not" nomenclature to describe what he writes up. 

Try to put your frustration into figuring this crap out. I had a partially crushed T3 in service from a neck accident that was never treated. I applied for back and neck issues when I ets'ed in 1985. Got NSC for the neck and 0% for the back. It has been a long fight but it is starting to pay off. Don't give up hope. Keep learning and keep fighting them. 

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