This sounds like maybe you used my favorite tactic--GCY VA- "Go CUE Yourself VA." He he.
If a decision contains a legal error to a claimant's detriment, it can be much faster ( in some cases) to ask them to CUE their decision because otherwise the error stands until maybe it is resolved with a NOD, DRO , etc etc etc....
If they do not react favorably however on this type of request or Reconsideration Request, and the NOD date looms close, it is still imperative to file the NOD.
My SMC CUE retro took 9 years...but my last GCY Cue took mere weeks (maybe just days--because -I raised a ruckus with the Director of my RO on that one because it again involved probative evidence that they completely ignored and the posthumous so called C & P was prepared by ,in my opinion, someone with NO medical background at all.
I believe VA makes many errors in retros and certainly in violating 38 CFR 4.1 et al ( to include the great 4.6 part). If VA can use CUE against us, -which they try to do to reduce vets sometimes,then we can use the same regulation against them, if their legal error has cost us cash.
THIS IS GREAT NEWS Gastone
and I want to thank you for all of the outstanding advice you give vets here.
You have helped Many and my Thank You is long overdue to you!
Enjoy this Victory!
NOD- Notice of Disagreement.The DAV sounds very supportive of this.
Still ,if the VA does not favorably resolve this and the NOD one year deadline looms close, you must file a NOD at that point.
You have good evidence and fortunately the "knee pain" diagnosis was changed to bursitis.
They still need to give you a C & P exam,unless maybe the ortho doc's opinion was recent and thorough enough to cover how they could rate this.??? That is concerning.
But ebenefits is not always a reliable source to track this stuff.
Funny thing is...when I went to my appointment yesterday the clinic was like a empty clinic not very many veterans was even in there , this was 1:40 pm most of the examining rooms were empty. and a lot of the clerks, CNA's, Dr's /Nurses were getting off duty (1:30pm?)
What BS Shape our VAMC System is in. eh!
Yes sir I agree VA HealrhCare is not the best in America , just opposite of what President Clinton mention back in his day.
I was told I had what looks to be oral cancer from a VA Dentist on 8-19-2016 he mention getting me an appointment with oral surgery clinic ENT Clinic...the earliest they could possible see me was November 24 th 2016 for a cancer screening and Biopsy... I thought BS
I got in touch with my PCP on myhealthyvet Secure Message..she mention she would see what she could do...never heard back, got in touch with the Hospital So called Advocates ...little did that help,
So I went to the Hospital Administrator and told him this was not Acceptable and just out right Ridiculous and if you don't get me an appointment within a week...I will email/or I'll call Bob Mc Donald Personally, he is the Secretary of VA (in case you don't know who he is ) and I'll tell him about this and a whole lot of other needless shit that's been going on Here in this VAMC. I said this is not a threat but a Promise.
I got a call the next day to report at ENT Clinic on 24th Aug 2016 (which was yesterday) they all were super nice & they did a Biopsy on me and set up a follow up appointment (Results of the Biospy on Sept 1-2016
For this very reason and about a 100 more is why I seek other private insurance.