Reopening back claim after Saunders

[pascoz28]

24 minutes ago, pacmanx1 said:

It is still a little off because at times the VA will deny a veteran's claim even though the veteran may have an accident, incident or an injury in service, but VA fails to acknowledge as part of the claim.

They state in the VCCA notice and the denial that my STRs show complaints of back pain...seems like they hung their hat on the 'no underlying diagnosis' theory, which is what I believe Saunders reversed, no?

[pacmanx1]

1 hour ago, pascoz28 said:

They state in the VCCA notice and the denial that my STRs show complaints of back pain...seems like they hung their hat on the 'no underlying diagnosis' theory, which is what I believe Saunders reversed, no?

It appears that you have some sort of medical evidence but to what degree I am not sure, but it should be considered. You may want to also consider Clemons V. Shinseki, 23 vet. app. 1-5 (2009) that deals with symptoms claimed V. diagnosis. 

Edited March 21, 2022 by pacmanx1

[Whodat]

I have tried reopening a claim for cervical/lumbar strain and a knee issue using Saunders vs Willie. 

1. Had an incident or injury while in service noted in my medical records. 

 

2. Have a current diagnosis. 

3. Did not have a Nexus. I thought that the purpose for a c&p exam. Wrong. 

Denied. 

Always gotten advice that I need an IMO/IME. Easily said than done. 

All of my treating doctors were hesitant of writing such letters. 

I did what every vet do. Go online and research for Doctors that do IMO. After seeing the price, no way I could afford that. 

So I lawered up. I use Veterans Law Group. No money up front. 

As previously stated, might be worth to get an attorney to represent you. 

 

[pacmanx1]

3 hours ago, Whodat said:

Go online and research for Doctors that do IMO. After seeing the price, no way I could afford that. 

I personally have never paid for an IMO/IME, I have gotten all my opinions from my VAMC doctors. Instead of getting a letter which some of them did write others wrote a statement in my medical records that my condition was either military related or related to my service-connected disability. I even used a Community Care Provider to fill out one of my DBQs. 

[Whodat]

hello pacman,

I must say that you are one of the few and fortunate people that have a great support system for vets. 

 

[Vync]

39 minutes ago, pacmanx1 said:

I personally have never paid for an IMO/IME, I have gotten all my opinions from my VAMC doctors. Instead of getting a letter which some of them did write others wrote a statement in my medical records that my condition was either military related or related to my service-connected disability. I even used a Community Care Provider to fill out one of my DBQs. 

Similar situation here. The only funds that came out of my pocket which went toward IMO/IME's for a nexus from non-VA doctors was co-pays with my private medical insurance. I did get one great nexus from a VA audiologist. Otherwise, whenever I asked a VA doc for one, they basically either said they are not allowed or said they would, but did not in the end. I do know that at some point, the VA came out with a directive that said a veteran can request the VA provider note the current diagnosis and details, but cannot remember or find a link to it.