BVA appeal and medical opinions
Question:
Can the BVA seek a second outside medical opinion after I have rebutted their 1st medical opinion?
I've check Title 38 USC 5109 and it does not state the frequency of medical opinions the BVA can seek.
Jim's Reply:
If BVA agrees with you, you're done. If BVA doesn't accept your rebuttal I'd guess they wouldn't feel a need to get a 2nd opinion, although since that doesn't appear prohibited, I'm sure they could supplement the medical opinion if the VLJ felt it necessary to properly adjudicate the appeal.