Developing to deny

[Mr cue]

Ok here is the court percendent on it.

I seem like it is the new way the VA is handling claim and appeals keep ordering exams until they get one to deny.

I will use myself my appeal has been remand by the cavc two time. 21 and 23

Each time the VA try to keep adding medical opinion without address the ones all ready order.

I will be using this thread to help veterans understand it and how to look out for it..

My case refuse anymore exams and withdraw the VA duty to assist. An they turn to we need a ace exam. The shop the cavc remand 7 months and still ain't get the opinion to deny.

It then turn into we need a in person exam. I withdraw the appeal.

Appeals to the cavc they remand it .

Next the bva judge Stated I didn't mean to withdraw and now want to open the same remand that I appeal to the cavc .

To try and get another medical opinion.

I just had to withdraw it again because they will not address any of my evidence.

I will be use this thread to add more info on developing to deny.

It not legal.

Mariano v. Principi, 17 Vet.App. 305, 312 (2003) (Court noted that it would not be permissible for VA to undertake further development if purpose was to obtain evidence against appellant’s case)

 

Adams v. Principi, 256 F.3d 1318 (Fed. Cir. 2001), (in which the court stated that it would be improper for the Veterans Court to remand a case to the Board to give the DVA another opportunity to develop evidence needed to satisfy an evidentiary burden it had failed to satisfy the first time, i.e., to “attempt to introduce new evidence sufficient to make up the shortfall” in the agency's decision

 

[Mr cue]

The VA has engaged in the tactic known as "developing to deny." This means that VA realizes that it is stuck with your favorable medical evidence unless it can acquire or "develop" another medical opinion of its own that it can rely on to support a denial of the claim

[Whodat]

How can we prove the development of denial? Like the Nurse Practitioner says, it mere speculation.

[pacmanx1]

The simple answer is that anyone can accuse or claim this, but it is a different thing in actually proving it. Always keep in mind that there are two sides to a story. 

[Mr cue]

Its my believe that once it done you will have to appeal it. an be able to show how many times they have requested comp exams. Show that your evidence and doctor reports.

Stated that a np can over rule a doctor that treat you.

The bva might address it the cavc will remand it .

 

Like my case I was send for a specialized loss of use comp exam.

Done by a nerve doctor all my evidence is done by a spine specialist and doctors 

I have the a&a comp exam for loss off use and it's granted.  So how do you need a opinion.

Along with about 6 7 other comp exams for loss of use that have been order over the appeal period.y

they are not accepting any of my exams evidence and will not stated why.

They owe so much retro I will probably never get this case address 

The first cavc remand they Comp shop my case with ever private contractor vhi qtc even the VA hospital They did this for 7 months.

I had to withdraw it to get my cavc remand back moving to the bva

It got back to the bva decision  just stated I withdraw it nothing else. On the bva decision.

I appeal to the cavc the cavc remand and told them to address why I withdraw it.

Well it gets back to the bva and the bva judge states I didn't mean to withdraw the old remand. No where is this stated on the cavc remand order. Smh

An open the same remand order I withdraw and appeal to the court.

 

an stated I refuse  anymore exams but to do a Ace exam and tell them to have the private contractor address all my evidence. This how they try again a medical opinion to deny all your evidence 

I can't make this up. I refuse anymore exams an VA duty to assist.

So who are they try to assist.

So I was going to go along with the ace exam but now they send it with in person exam now they say I had to wait 30 day for them to fix it. Because It was a error 

Same bull they did when they comp shop my last cavc remand.

So I just withdraw it again. 

The lady calls about me withdrawing because now they can get a negative exam.

She  would even address anything else.

Why did you withdraw we were sending it back out to fix it. Naw I am alright I will just like a decision on the rest of my cavc remand.

So I state all this because this is the way you show the court that the VA is developing to deny.

An I refuse to have to fight a negative exam.

I ask for a smc decision in my 25 year record and the many comp exam I even point out the bva increase rating decisions. Form 2003 2009 2012. Smc was never inferred.

They will not address any of that.

All I get is we need a medical opinion lol

 

 

 

[Mr cue]

If any veteran that would like to understand this a little more google it or look at the many post over the years on hadit there is good info there.

[Mr cue]

Update well something just told me to call ves today to see what the story is.

Well told they did a medical opinion on my loss of use today. Smh 

Now the VA just call me about the withdrawal but today a medical opinion was made. This process is a joke.

Look like this will be going back to the cavc.

Told it take two weeks before they will have it back to the VA. Smh.

I just want my case out of the VA hands and back to bva.

Look like I will be fight this exam without even see it.

They are not going to address the withdrawal. I would bet a million dollar on it 

? So some say you can go to the regional office and get a copy of the exam is this true