Correcting Error

[scooter318]

Hi Everyone

I recently had a C&P exam on the 9th of July, the examiner told me that it would take 30 days for her to do her research and come to a decision about my claim. So the 9th of September was the 30 day mark and the case is still open as of today. I checked my blue button records and she actually made a decision on my claim the same day she said it's less likely than not. So my question is has any one seen results take this long and why would she lie to me and say it's going to take 30 days for her to find results and she made a decision the same day.

[pacmanx1]

19 minutes ago, scooter318 said:

less likely than not

I hope you have other positive evidence in your records. VA doctors can/do lie, you will have to overcome this opinion to win your claim.

[scooter318]

HI Pacmanx1

I sure do so now I have to go the BVA route so we'll see what happens

[brokensoldier244th]

Not necessarily, you can appeal to the local level with a supplemental claim but you can’t do anything until you get a decision.
 

As for the thirty days, it’s not set in stone- she could have started looking into whatever your issue was and found that it wasn’t as strongly supported as it could have been, thus, she made her opinion. No idea, you didn’t give any details, but it’s not us you have to convince its them.
 

If you can see her opinion you already know what you have to counter. submit more evidence before the claim is decided. 

[scooter318]

I actually already did a supplemental before I did the HLR and that one was denied as well, so could I go back and do another supplemental or do I have to go to the BVA?

[brokensoldier244th]

Oh, ok. 
 

https://veteranappeal.com/higher-level-review-denial/

[broncovet]

Whoa, hoss!   Your claim has a fatal flaw, and you can expect more denials until/unless you fix it.  

Its Caluza element 3, based on your post:  No valid nexus.  

You still have to have a current diagnosis, and in service event, but you have to have a doc opinion that its "least as likely as not due to an event in service".

To fix this, you will need medical evidence to refute the examiner opinion, which means an IMO/IME.  I dont recommend appealing without a nexus, that is like going to a bear hunt without a weapon or ammunition.