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[Tbird]

Please take a moment and let us know.

[Navy_Vet]

Some attacks are more subtle than others perhaps the vet thought he hadn't overstepped.

Bergman & Moore pursued a partial joint remand before consulting with me ignoring stronger issues claiming that no judge would rule favorably, but that is in light of B&M already being committed to a joint remand.  After Otptum Serve's/LHI's examiner employee was a no-show, I was scheduled with a private practitioner who demanded I fill out his new patient forms as a condition of conducting an examination causing me to leave.  What other unlawful demands was he going to make?  B&M kept telling me that it would have been in Otptum Serve's/LHI's contract whether the examination can impose conditions of their own and CAVC would not go there, but 38 C.F.R. Section § 21.1032 makes the duty to assist unconditional, repeat "unconditional."  That joint remand puts me at the mercy of BVA who originally raked me over the coals showing their bias when Otptum Serve/LHI fraudulently reported I was a no-show and VA accepted that (in order to kill three remaining six-year-old claims that have bounced several times from RO to BVA and back because RO won't complete all of BVA's requirements and after staving off an attack on a 20-year protected rating for an increase that was not claimed).

Just after the remand order, and relevant to 3 new claims filed last July, RO change the claim for an increase of a current underlying disability with a favorable examination to another claim 10 years beyond a 20-year protected rating and ordered medical opinions on two new claims already with favorable examinations and one with 2 examinations already the other one was fully developed from my DVA medical record.  In other words, RO is retaliating for the remand order.

I imagine the Vietnam vets had it even worse when they came home and the automatic denial of Agent Orange claims, but it still feels hostile to me!

[Tbird]

On 1/30/2024 at 2:35 PM, IndySam said:

I made a donation, hope it helps.

It does help! Thank you!

[Dustoff1970]

Yes definitely and I do donate.

[Tbird]

2 hours ago, Dustoff1970 said:

Yes definitely and I do donate.

@Dustoff1970 Thank you.

[Dustoff1970]

Your welcome T-Bird. 

Edited February 2 by Dustoff1970

[David brown]

On 1/26/2024 at 2:53 PM, Tbird said:

Please take a moment and let us know.

This site helped me tremendously I used the information on this site around 13 years about to get a c&p exam overturned also information on how to apply case law to strengthen my claim and I learned that a physician assistant is not qualified to perform most of the exam they perform I got big back pay and I am currently 100 % PT SMC (K)Place