Claims denied

[OIFVETMC]

Background:

OIF1 veteran with 60% or more in combined service connected injuries  

filed a multi symptom claim consisting of :

chronic fatigue, chronic rhinitis/nasal breathing, Gastrointestinal , TBI/migraines, sleep disturbance. 

went through the 6 month process of c&p exam by VES (sub contractor) who performed incorrect tests and or no tests , diagnosed issues as CPTSD

result :denial of claimed injuries except TBI at 0% linked with existing CPTSD  

currently waiting on higher level review , submitted with a vso  

 

primary care and referral doctors will not diagnose IBS, cf/me, want to link it to CPTSD  

Ideas for getting these issues diagnosed and thus properly claimed? 
if the higher level review doesn’t work then what?

TY

 

[broncovet]

The Board of Veterans appeals is your best bet.  The BVA only denies about 20 percent or less of appeals which reach the board.  That means you have a 4/5 chance of winning or being remanded.  Remands often turn into wins with a good IMO, also.  

And, if denied at the BVA, you can appeal to the CAVC.  Most attorneys will accept a board denial at no cost to the Veteran, for only eaja fees.  

[Dot09]

I agree with bronco as the BVA is your best bet. The HLR route has been pointless for me except I one occasion. Gather your records and try to get a diagnosis for the ibs. I wish you the best of luck and keep us informed.