VA Claim Denied Service Connection, I posted this same info in another thread, a longer thread in C&P exams, but I’ll put this here to see if anyone has any ideas.
I apologize in advance for the length of this, but here is an excerpt from my decision letter. I’ll try to upload the whole thing later. Most of my contentions have an explanation just like this or very similar.
“Service connection for psoriatic arthritis of the left shoulder is not established. Service connection may only be granted for a chronic disability that began in military service or was caused by some event or experience in service.
The evidence does not show an event, disease, or injury in service. (38 CFR 3.303, 38 CFR 3 .30~). Your service treatment records do not contain complaints, treatment, or diagnosis for this condition. The VA medical opinion found no persistent disability.
The medical opinion we received from the VA contract examination was more persuasive than your private physician’s opinion because it was based on an in-person examination and a thorough review of your relevant military and /or personal history and contained a more convincing rationale. (38 CFR 4.6) The evidence does not show that your condition resulted from, or was aggravated by, a service-connected disability. (38 CFR 3.303, 38 CFR 3.304)
The evidence does not show that your disease developed to a compensable degree within the specified time period after release from service to qualify for the presumption of service connection. (38 CFR 3.307, 38 CFR 3.309)
The VA contract medical opinion dated December 15, 2018, was not based on a review of your claims file or an in-person examination.
Service connection for psoriatic arthritis of the left shoulder is denied because the medical evidence of record fails to show that this disability has been clinically diagnosed. (38 CFR 3.303).”
I can make sense of this. I submitted a DBQ from my doctor with a diagnosis, but they say it’s not clinically diagnosed. Also, CFR 3.07 and 3.308 are presumptive conditions. I did not claim this as a presumptive condition, its a secondary to psoriasis. I don’t have copies of the opinion and exam yet. Also, they say the medical opinion was not based on my claim file or an exam. How is that valid for anything?
Also, the VA got a medical opinion in December 2018 and an in-person C&P exam in April 2019.