HERE WE GO AGAIN

[blahsaysme2u]

here we go again. someone please help me. i know this has been talked about already but serious guys i am so fed up and i dont know what to do!

i have a favoable exam from 2020 showing SC from a C&P exam(by VES) that the VA sent me to.

 

last year they attempted to have me re-examined over and over again but kept scheduling for my right leg and foot...the claim was for the left leg and left foot...finally the cliam was denied beacuase the last exam i attended after comfirming that the exam was for my left leg with the VA, i found out from the doc upon arrival that it was in fact for the right leg again and was told to leave. the VA said i refused the exam and denied the claim.

i reopened the claim. now they are sending me back for re-exam, when there is already an exam on record, in my favor along with medical evidence showing nexus. 

HELP! this has got to stop! 

[GBArmy]

Write a letter and  submit (fax) to your c-file (Janesviile.Wi.) for new evidence. Bring a copy with you in case the examiner hasn't seen it in your file.Go to the exam. Bring your favorable evidence also. If denied, appeal to BVA; don't even bother with HLR. Be cool, you'll win eventually. Just keep the eed date going!

[Vync]

This seems to be a reasonable CUE with the VA ignoring a favorable C&P (from their own provider) in favor of an exam for the incorrect body part.

I had very similar problem with my heart claim where my "more likely than not" IMO was ignored in favor of the most recent C&P for the wrong condition. I filed a supplemental and simultaneously filed a CUE. The VARO took a look at it, read the evidence -again- and realized, oh gee whiz, we did make a mistake. They ended up granting in my favor based on evidence of record which was already in their possession.

Btw, I sent the supplemental just to keep the claim alive.

Edited October 10, 2022 by Vync

[pacmanx1]

4 hours ago, blahsaysme2u said:

last year they attempted to have me re-examined over and over again but kept scheduling for my right leg and foot...the claim was for the left leg and left foot...finally the claim was denied because the last exam I attended after confirming that the exam was for my left leg with the VA, I found out from the doc upon arrival that it was in fact for the right leg again and was told to leave. the VA said I refused the exam and denied the claim.

If your last rating is within 1 (one) year less than 365 days, then you can file a disagreement.

[pacmanx1]

I am quite sure I mentioned or posted this here on hadit.com but I recently filed two separate claims for EEDs, and the VA scheduled me for two separate claims for increases. I decided long ago to play dumb and ask each examiner why and what my appointment was for and see what the VA was trying to do. Sometimes the VA ask the examiners for the wrong medical opinions. So, both examiners told me that my appointments were for increases in my service-connected disabilities.

I told the examiners that I did not file claims for increases because my ratings were already maxed out for over a decade and that I filed claims for a better effective date due to VAMC medical records that were never reviewed and or adjudicated. I took copies of my medical records that proved my argument/disagreement, and the first examiner reviewed my copies and then wrote a very favorable medical opinion. The second examiner refused to review my copies but went into different VA computer systems and pulled the records up after I gave them to her and then she wrote up a very favorable medical opinion, but my problem is/was that the VA completely ignored their opinions and denied my claims for EEDs.

I then filed my appeals and the BVA already granted one of my EEDs and the second one is pending now. Not really sure if it is really ineptness on the VA’s part or something else but there are times when we have to appeal and let the BVA remand our claims and force the local VA to do the right thing.  

Keep in mind that in relative equipoise means both positive and negative evidence in the record and the veteran wins the benefit of doubt.

Edited October 10, 2022 by pacmanx1

[blahsaysme2u]

41 minutes ago, pacmanx1 said:

If your last rating is within 1 (one) year less than 365 days, then you can file a disagreement.

they denied my claim- they have never SC my left leg or foot. its such a joke man...i been fighting this for years....they SC my right leg no problem...but my damn left leg they act like im making it up and keep trying to find new doctors to side with them...im so fed up

23 minutes ago, pacmanx1 said:

Keep in mind that in relative equipoise means both positive and negative evidence in the record and the veteran wins the benefit of doubt.

even more reason why i dont understand why they keep denying me...its so frustrating...

[Vync]

@blahsaysme2uCorrection on my prior post. I did not realize your right leg was already SC. However, based on clear reading of the opinion you posted, it looks like you should get SC for your left ankle. The examiner definitely and clearly stated "left ankle", not "right ankle". Still very likely a potential CUE.