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! 

[Mr cue]

Ok so here the best I can do.

Ok after the initial claim the VA doesn't have due to assist.

Well who are they assisting by order all the exams.

If a veteran ask for a decision based on there record and evidence.

I think this is how you would show developing to deny.

 

Is VA duty to assist mandatory?

 

 

VA's Duty to Assist requires VA to assist you in getting evidence, such as medical records, that's needed to support your case. VA's Duty to Assist applies during your initial claim and if you file a Supplemental Claim. If you request a Higher-Level Review or Board Appeal, Duty to Assist doesn't apply.Oct 12, 2022

[Rattler]

On 11/23/2022 at 11:47 AM, blahsaysme2u said:

as has been stated before as well:
 

 

i used this same language in my letter requesting adjudication of my claim based on the favorable exam. its very frustrating that they ignored this exam, and keep trying to take bites of the apple
the arguement that its an old exam and need to make sure to: 

is hogwash- they could have done that when they had the first exam that showed service connection...they could have done it when i appealed the denial(all within a year) its a delay and then fishing expedition...and its bs..
 

Yah I just filed 21-0995 to add new evidence on denied claims because of crap C & P exams by the VA. we will see how it stands up to a 14 page IMO. But to show you how it works. I waivered talking any new C & P Exams.  What did the VA do ignored the waiver and set it up for a C & P with LHI. ( the ones who did the crap one las time)  I called 800 Betty and the person put a note in the file that I wavered the C & P Exam. He told me that the system automatically send it for a C & P Exam when you file a 21-0995.  So I called LHI and told them to contact the VA that they had canceled the exam. The rocket scientist either didn't get it or ignored what I told them because the next day I get a noting that they scheduled the exam for 12-5-22.  So I call 800 Betty again to make sure the note was in the file. Yup it was. i call LHI and ask to talk to a supervisor who acted about as stupide as the first one a day before.  She finally said she was going to send it back to the VA.

I did challenge the older C & P Exam as it wasn't done by a Orthopedic Surgeon. And my IMO was.   

[Rattler]

On 10/19/2022 at 2:12 PM, blahsaysme2u said:

just following up- does what i posted last not mean anything? does his statement of "no current complaints" override the rest of the DBQ where he lists all my complaints? 

thanks for your input

The best way to get around your problem is file for a higher level review. (21-0996) When you do this try and use the wording in the attached form. What I did is because you can not add new evidence to a 21-0996 higher lever review what I did is attaché exhibits with a cover sheet attached to the form saying you are attaching the supplied documents as reference only to you higher level review as they were either ignored or not noted in the decision on XX-XX-XX date.  Make sure you check the boxes for an informal phone call. I did this on a QUE claim for a EED. I filed it on the 28th of September they contacted me on October 1st to schedule a October 7th phone call. The HL lady said it will probably take her a week to issue her decision. On October 13th she issued her decision in my favior giving me 3 years back pay. You should have the advantage of a hardship review that will speed it along.

DBQ Election, Duty to Assist Waiver, & C & P Decline Notice to VA Regional Office.pdf

[blahsaysme2u]

more xrays- again and again and again....how much waisted money! i called and tried to resolve- was told nothing they could do- go to the exam or dont but they "arent adjudicators and cant make any decisions on exam requests- all they can do is put in a note to the VARO"
hogwash- bs-  balderdash-  baloney-  hooey - poppycock!

im so tired of this mess

they also had an ACE exam to QTC and a regular exam and the xrays to VES. the ACE exam already came back but i have no way to see what was said since it takes weeks to get requested C&P exams...

so i called VES and explained i have tons of xrays in my file already- i plan on attending the exam scheduled but the xrays are unnecessary and if they want to see something they should order a bone scan(as one has not been done on my left leg or foot yet) i intend to come very prepared with all the previous exams in hand and walk the doctor through why/how/what was missed in the previous exams and show the favorable exam that was done(which btw was done by VES) in 2020 that has been posted above screenshots of. if this fails i will be appealing and will be arguing with the VBA that the VA is attempting to "develop to deny" since they have had a favorable exam for years and i have been appealing over and over again and they keep sending me to exams that were not necessary. as was stated before many times:

 

Quote

 

"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.ii.3.B.1.a). This prohibition was emphasized in a law review article published by the BV A: "additional evidence should not be procured for the sole purpose of denying the veteran's claim" (1 Veterans L. Rev. 94 (2009)). Even CAVC 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

 

cross your fingers and toes- this is going to be a bumpy ride- and probably no pay out- just a matter of getting the facts straight and forcing the VA to do the right thing!

[blahsaysme2u]

On 11/25/2022 at 2:57 PM, Rattler767 said:

The best way to get around your problem is file for a higher level review. (21-0996) When you do this try and use the wording in the attached form. What I did is because you can not add new evidence to a 21-0996 higher lever review what I did is attaché exhibits with a cover sheet attached to the form saying you are attaching the supplied documents as reference only to you higher level review as they were either ignored or not noted in the decision on XX-XX-XX date.  Make sure you check the boxes for an informal phone call. I did this on a QUE claim for a EED. I filed it on the 28th of September they contacted me on October 1st to schedule a October 7th phone call. The HL lady said it will probably take her a week to issue her decision. On October 13th she issued her decision in my favior giving me 3 years back pay. You should have the advantage of a hardship review that will speed it along.

DBQ Election, Duty to Assist Waiver, & C & P Decline Notice to VA Regional Office.pdf 19.44 MB · 19 downloads

i had the HLR already. she was very understanding and told me the favorable exam should have been used to grant SC. she obviously lied to me. 

[Mr cue]

Yea this crazy what going at the VA.

I also had a dro hearing 2019 as part of my appeal send to exams after.

Well I got a decision were they didn't address the exam or why I was send to the exam.

I have been fighting 3 years two cavc remand and they still ain't address it.

So yes dro are not doing there job like they are to.

Everybody understand how I feel about them order the same exams over and over.

So I am not going to get in to all that.

Good luck