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HERE WE GO AGAIN

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blahsaysme2u

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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.
image.thumb.png.1c68fe327ee230fe5e61c0515b06ad6c.png

 

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! 

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1 hour ago, blahsaysme2u said:

I go to the new exam. the doc finds me not SC, which is in opposition to the original exam that was favorable. with the line of reasoning, you have presented all the VA has to do is say, "maybe he was SC but now he's not because he's better so 'Denial of SC' award letter"...even though conflicting evidence is supposed to go for the veteran, they could spin this to say it's not conflicting, just an "updated exam showed improvement and no SC"

This is speculation -

Trust me I feel your pain, the VA denied one of my claims for a decade and a half (15) years, five count them five inadequate VAMC C & P exams before the CAVC judge threw them all out and ordered me another VAMC C & P exam before the VA finally granted my claim. Even with all those negative C & P exams, my claim was still granted due to my in-service and post service treatment records were more positive than anything else. With the balance of positive and negative evidence in your records, in relative equipoise, the veteran wins the benefit of doubt. 

It appears for whatever reason, since your denial, no one at the VA is actually reading your claim/request to realize they are making a mistake and you have to keep going until they figure it out. 

 

 

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so i sent this earlier this morning to try and force the VA and VARO to adjudicate based off the evidence in hand. 

Quote

 

I am writing in regards to my claim submitted July 15, 2022 for my left knee and left foot loss of use due to fractures incurred during service.
i have had multiple C&P exams for this claim, specifically most recently on 02/03/2020 that showed favorable evidence of injury in service(The claimed condition was at least as likely as not -50 percent or greater probability) based on my service records and the exam performed. 
since then the VA and the VARO has requested multiple exams for my right leg, of which is already Service Connected and was not part of the claim. 
Now I am again being scheduled for another exam, this time for my left again, even though there is already significant evidence in the record establishing a current disability  and loss of use, in-service Connection, and NEXUS between the two. 
The delaying of this claim with more exams is frivolous. Based off of VA policy: "Decision makers may not arbitrarily or capriciously refuse to assign weight to a claimant's evidence or develop with the purpose of obtaining evidence to justify a denial of the claim" (M21-1 V ji.3.B.1.a). 
This prohibition was emphasized in a law review article published by the BVA: "additional evidence should not be procured for the sole purpose of denying the veteran's claim" (1 Veterans L. Rev. 94 (2009).
CAVA has strongly affirmed this policy: "Because it would not be permissible for VA to undertake such additional development if a purpose was to obtain evidence against an appellant's case, VA must provide an adequate statement of reasons or bases for its decision to pursue further development where such development reasonably could be construed as obtaining additional evidence for that purpose" (Mariano v Principi, 17Vet. App. 312 (2003).
Please imediately adjudicate the pending claim based evidence at hand showing service connection and affirm an earliest effective date of 5/24/2008 based on the new and relevant evidence provided of the medical exams from(38 C.F.R.  3.153-c): 
Bone scan 06-17-2004
DA-2173 dated 05-01-2007
DA-2173 dated 04-24-2008
DA-4856 dated 07-09-2004
Martin ACH dated 08-25-2004
Martin ACH dated 10-22-2004
Martin ACH dated 11-12-2004
x-rays from 05-25-2021

FAILURE TO COMPLY WILL RESULT IN Writs Of Mandamus At the CAVC

 

HERE IS THEIR BS RESPONSE:

Quote

 

Dear xxxx,
 

Our records indicate that an exam has been requested for "left foot fracture". You should receive notice as to the time, date and place of the exam(s).  Please visit http://www.benefits.va.gov/compensation/claimexam.asp for more information concerning VA compensation and pension exams.

Upon completion of your compensation and pension (C&P) exam, the examiner reviews your medical records and makes an exam report. The report is submitted to a VA claims processor to be added to your electronic claim file.  VA will then review your claim application, supporting documents, and claim exam report to make a decision on your claim.




Thank you for submitting your Inquiry with the U.S. Department of Veteran Affairs. It is our commitment to provide an excellent customer service experience to all Veterans and members of our Veteran community. To all who have served or continue to serve, we thank you for your service.

 

 

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ON TO THE WHITE HOUSE LINE. 

PS- i also uploaded a statement in support of claim along with every exam and xray mentioned in my statement. its already in my file but just making sure they see it!

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Of course you will get a generic response. But the main point is that now you have to wait longer because now you have to appeal. 

As always, dont exaggerate or falsify symptoms.  But, on the other hand, dont expect your VA examiner to know you have symptoms if you tell them "you feel fine" now.  EXPLAIN that your foot hurt to walk here, if this is the truth.  The examiner can not read your mind, and does not have a good way of determining your symptoms if you tell him you are "fine".  

Edited by broncovet
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Your c and p exam, on page 2, above states, "no current complaints".  

I see this statement as a "benefit killer".  

If you have no current complaints, (symptoms), then the best you can hope for is zero percent, but just as likely a denial.  

VA does "not" compensate us for "pain and suffering" a foot fracture in service.  It hurt, but now get over it.  

Instead, they compensate you for "CURRENT" symptoms, especially how they affect your ability to work.  

As an example, if you had a stress fracture in the service, and you can no longer walk, or walk with a limp, or walk only in pain, NOW, those are current symptoms which are compensable.  

But, "no current complaints" means you have no current symptoms, so why would you expect VA to pay you?

To fix this, when you go to the next exam, explain your CURRENT symptoms, (related to the benefits you are seeking compensation for).  

If you are expecting comp for pain and suffering in military service, you wont be getting those, sorry.  You get them for how your disabilities affect your life now.  

So, explain to the examiner your  current symptoms.  Is it painful to walk?  Tell them.  Can you not stand on that foot more than 10 minutes?  Tell them.  They dont read minds.  

Perhaps, you have explained this to other examiners, but the VA is going on this exam.  Its got a nexus but no symptoms.  

Remember, you get SC for a nexus (along with in service event and current diagnosis) but you get PAID for symptoms, not for caluza elements.  You have to have caluzas, but you also have to have symptoms.  

 

 

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Its my opinion this is not a "white house complaint" issue.  Your exam was inadequate because you dont have symptoms documented.  The white house is unlikely to document your symptoms, medically, and they probably wont require a VA rater to read your 5000 page cfile to find them, because that would likely take weeks and weeks, and your rater has a quota he must meet. 

Refusing new exams wont fix it.  Attending new exams, and explaining to your examiner your symptoms, however, may fix your problem.  

Dont expect VA to go through your entire medical history, to find those symptoms. While this "could happen", best is to  Put them all in one place in your exam "even if" they were documented by another doctor.  VA raters have time pressures, and mostly cant or wont read 4000 page file, which has to be completed often in a few hours.  Can you read 4000 pages in an hour?  I cant!!!  Im lucky to read and understand a dozen pages in an hour.  So make it easy for the VA rater to find your favorable evidence, dont have it scattered out in multiple exams.  

You see, this examiner said you had "no complaints".  You have to over come this, with medical evidence documenting your current complaints.  This wont happen with future exam refusals.  

Edited by broncovet
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