Well I just wanted to give an update of what has since happened with my NOD/ APPEAL claim. I got a call from the Office of the VA Secretary yesterday in reference to the email i sent them about my claim status. Well I am not surprised (you may not be either if you know my story) to report that they told me that my NOD was either invalid or expired. Ha Ha Ha....They tried it. I have yet to receive the official letter in the mail as they just closed this out yesterday as that being the explanation. They stated that it was expired because my claim was fully developed and there was no decrease in my ratings for my claim that was filed in December 2012 for the PTSD and Back pain. I was never disputing the December 2012 claim I filed the NOD and TDIU for the claim that was closed out in June 2014 for increase in the PTSD and back pain in which they denied those claims for increase. They also stated something along the lines of that they believed i only filed and was concerned with the IU (which is true). However they cancelled the IU claim because of the open appeal. Well this all seems like a big cluster fart. I am not fretting and I have gotten my C -file ordered. My VSO , Texas Veterans Commission, believes that I should win my TDIU claim based on my file (We spent 2 hours going over the codes and evidence that is in my C-file line by line) my whole case being as he put it " really complicated" . At this point all i really care about is getting the IU approved and having it back dated to at least the date that I filed the original one in August 2012. The VSO said that they will represent me if I choose to file a CUE and that they have been pretty successful in the past. I guess at this point I am just waiting to hear back from the VA Secretary's Office to see where we go from here. I have all of my documentation ready and now I wait. I was going to send in the quick claim but I dont want them to not get my full SSA record before making the decision. I also dont know if its better to get an attorney or let TVC handle it.
I recently read in a current VA Best Practices C & P Examiners (VA Dr, Contract DR or Outsourced Exam) TL (Training Letter), that a copy of the completed C & P DBQ was to be provided to the Vet at the time of the Exam, if requested.
Your situation, being after the Outsourced Exam will probably, as you've found out, be more difficult. Have you contacted the Outsource Agency and requested a copy of your C & P DBQ? Just because it's been "Uploaded to the VA," a copy exists in their records and should be available to you, upon an in person or written request. Non Govt businesses or Agencies are not governed by the FOIA.
At this point, filing a VA FOIA request for you VA C-File is going to take 12+ mos. You could attempt to avail yourself of a personal Viewing of your C-File at the St P RO. Your supposed to be able to do a Walk-in at the RO, View your C-File 1st come, 1st served, even have pages of interest copied while your there.
I recently tried it at my Det RO, Front Desk aren't aware of the VA Reg, you have to make an appointment so the RO can assign a VA Employee to stand by your side while your viewing the file. You also have to make them aware of your intent to request certain pages be copied.
Do you have a VSO-Rep, with an HQ Office at your RO? Contact the MFIC of your VSO and discuss your need for the copy of your DBQ.
Can anybody tell me if this qualifies a Veteran to be able to use the VA's CHOICE program...
The VA has refused Cervical Spine surgery on me THREE TIMES. So I decided to finally get away from the VA and go see an orthopedic surgeon in my area. I just recently had a new MRI and the results are now showing I have Cervical Myelopathy at TWO levels. I go this Wednesday (Tomorrow) for the follow up MRI to see what the treatment plan is. I hope its surgery because I am tired of all this pain and not having a life.
Since the VA Neurosurgeon has refused me three times for surgery and with the NEW MRI evidence and maybe the Orthopedic Surgeon will say surgery is the only treatment, would this qualify for the VA to pay for this surgery through the VAs CHOICE program? This surgeon is already in the VA Choice Program provider list, I just looked. Remember the VA Neurosurgeon REFUSED to do the surgery not once but THREE separate times. Keep in mind the VA Bay Pines in St Pete NOR James A. Haley has a Neurosurgeon on staff and uses a consultant to make decision if surgery is necessary and if he says yes the VA sends you out to the cheapest doctor in town. After my uncle inlaw just went through this a little over a year ago the cheap surgeon cause paralysis in his left arm I said NOPE, not going there.