14:30 Mar 31 2024
Times Read: 193
Things are moving right along with my VA case. Faster now. I received a 15 page development letter from a Veterans Law Judge who went over my military medical records, civilian medical records, VA records, and several statements. To say she reamed the lower courts a new asshole is beyond an understatement. I'll leave out all of the more TMI details I word-vomitted in an Admin message a while back while under stress about this whole ordeal... She very plainly says that all claims are consistent with the historical facts on record along with current treatment- and that all mental health claims for service connection have been GRANTED.
Aside from that, the onset of fibromyalgia during my time in service- she is remanding this one (sending it back for me to have a new examination) with one of the best lines I have ever read. Basically- she states the examiner decided before my exam that he was going to deny me, without even looking at the evidence- she says, "The Board finds that reliance on this medical opinion constitutes a pre-decisional duty to assist error, and the issue is remanded so that a new VA examination can be afforded to the Veteran." And direction for the new examiner:
The matters are REMANDED for the following action:
Schedule the Veteran for an examination to address the
nature and etiology of her current fibromyalgia disorder.
The examiner must be provided access to the Veteran’s
entire claims file.
The Board notes that the Veteran has already been
diagnosed with fibromyalgia by her treating VA providers
and by the July 2021 VA examination. The examiner
should then address:
a) Is it at least as likely as not that the Veteran’s
fibromyalgia had its onset during service or is
otherwise related to her active duty service?
b) Please discuss the Veteran’s reports that she began
experiencing the type of pain that was later diagnosed
as fibromyalgia while she while still in service, and
the May 2023 statement her sister stating that she
witnessed the Veteran have fibromyalgia-type pain
while she was still in service.
c) Please also address the Veteran’s attorney’s assertion
that stress in her early life, such as during her service,
could contribute to the later development of
fibromyalgia.
A complete and fully explanatory rationale must be
provided for the opinion offered. If the lay statements
are found not to be credible, the examiner must explain
why and provide evidence in support of this finding. If
any opinion cannot be rendered without resorting to
speculation, the examiner must explain why.
For the first time- someone in this organization is sticking up for me- and luckily it's someone who is at the top. It would have been easy enough for the lower courts to do what she did- listen to me and read my documented medical history... but it didn't happen that way. My head is spinning because I have only ever experienced the opposite.
My new exam for fibromyalgia is on Wednesday, April 3rd. I have no idea what this doctor is going to say- but they have a clear pressure from the judge to ensure a fair assessment will be made.
After Wednesday- I am unsure of how long it will take for the new opinion to get back to the Board and for the final disability rating to be set. But what I know for now, is that my military experiences have been VALIDATED. I am going to win this case- I don't know to what level, but the most important is what she states will be granted with all the claims without a reassessment.
COMMENTS
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Vampirewitch39
18:03 Apr 01 2024
Good for you. Shame to think of all who doesn't get this kind of help.