Well the way the VA is if they fail to read evidence submitted the first time around... then re-submit it on your NOD... B/C if they don't read it or consider it the first round and its not in your reason & bases of the decision then them idiots won't even know you submitted it the first time,around .... ok now if they do go back and possibly read it in your NOD they stick there foot in their mouth......I Would think?
b/c the evidence was there in the first round to basically substantiate your first round!
I think it sucks for a veteran to have to go get a Private IMO the second time around just to please them when the first round of evidence is clear cut. besides most veterans don't have private Insurance and can't afford a Private Dr
About the only advice I can give is for the veteran to organize his/her first initial claim and lay it out nice and neat prepare it as to where they have to read it..., point out the evidence by # or letter see page 1 second paragraph, or letter ( a) on page 3 ect,,ect,, hi-lite the evidence that is most strong in your claim & point it out to them, submit it in a organized fashion using clear color plastic sheets in between he subject matter, making it easy for them to read.
Always put your name and address and claim number on the top left of every page you submit.
First page would be an index of what you have sent them with the subjects, like> records of medical, STR's D'r's names, dates ,& locations any crucial part of your evidence in order, then in each category place a clear COLOR plastic sheet in between each separate topic of evidence, when it comes to the very strongest of your evidence I use the Red clear plastic sheet, this makes them wake up and take note as to how your prepared for your claim and it tells them you know what your doing, but just remember this its the strong concrete evidence that will win your claims.
you simply want them to read all of your evidence
And of course in the last section
Thank them in Advance for their most valuable time in helping you with your claim
Jack Q Veteran # 123-45-6789
It is often much more than a nexus 'letter',- it is proof of the link between your service and the disability you have now.
That is why vets need a copy of their SMRs, to prove any treatment for inservice injury , inservice illness with residuals, or any MH issues.
I assume that is why you received no C & P exam because
even if VA states they received a veteran's SMRs, that sure does not mean they carefully perused them for anything to support the claim.I mentioned here before a vet I helped whose vet rep, and even his lawyers at the CAVC never fully went over his SMRs.
I sure did and it was very time consuming and they were handwritten entries from the 1960s...very hard to read. The veteran himself never took the time to do all that and could have succeeded on his claim much sooner then the many years it took to award it.
I did have a clue from his initial BVA denial. A medical word no one had looked up,that BVA mentioned in the first paragraph of his denial. When I looked up the medical word, I felt he might succeed.After doing much more research I knew he had a winner. The word helped establish the inservice nexus.
I was also able to prepare a strong NOD as to why his CAVC lawyers failed to meet the 5 conditions for fee payment. I never heard the outcome on that and I know he would have been contacting me if the VA paid them (for doing nothing at all to advance his claim.)
I don't do that one -to-one stuff anyone.And even good vet reps don't really have the time to do it.They have hundreds of claims, we usually have only one or two.
You need a copy of your SMRs. We will know more when the decision comes.
AND, it all depends on if you choose to file your Claim for an Increase or New SC as an FDC (Fully Developed Claim) or as a traditional Reg Axx Claim.
FDC Decisions, I've had a couple, Award/Denial Decisions in less than 8 months. Reg Axx claims Decisions are still taking 18 to 24 months, depending on complexity.
As to your A & B question, no & No. A good friend, 100% Scheduler, always told me he would never sign up for Medicare because he got everything from the VA. That was his position, until 02/15. I got a call from his wife, he was vacationing in Fla and had a life threatening Emergency Room Admittance, at a Private Hospital. He's 68 at the time and doesn't have Medicare, the Hospital Admission staff want him to sign up for Medicare right then, they want their $$$.
I told his wife not to sign anything, advise the Admitting Staff he was a VET covered by the VA and that they needed to contact his VMC for authorization for treatment and transportation to the nearest VMC capable of treating him, after his Emergency had Stabilized. She did as I instructed and about a week later he was transported by ambulance, 250 Mls to the Nearest VMC. From there, he was eventually transported to a VA Med facility back in Ft Myers.
All along, no Medicare A & B Coverage, right. It turns out, he's got New Medical Problems, Life or Death type, and doesn't want to rely on the VA. We talked about his options regarding Part B and the 20% co-pays. He signed up for Medicare, paid the late signing penalty and chose, I think ARRP's United Health for the Part B. Cost him in the area of $150 per month, no co-pays or deductibles. Go's to local top rated Dr's & Hospital for treatment of his New condition.
999, might be time to set down with an Elder Law Attorney, Ins is good but certain Trust's can also help to protect your Assets. A comprehensive Family Trust, +or- $2K cost, would help ease your mind. Trusts & Wills are best to get set up, while both of you have the cognitive ability to do so.
What did your Financial guy have to say about the timing of your Capital Gain, long/short term? Sometimes, timing is everything.