You are (apparently) missing the one thing you need. You need a doctor to say you are unable to maintain substantial gainful employment due to Service connected conditions. Im not sure if you have that or not, but, this is what you need for IU.
A lot of times it helps also, if you are enrolled in a Voc Rehab program, where the Voc rehab counselor states, "this veteran is unemployable due to (hearing loss) and or other SC conditions.
Difficulty in communication is often a barrier to employment.
Can you scan and attach here the decision for the claim you filed the NOD on as to their Reasons and Bases part and the evidence they listed?
(Cover C file #, name, address prior to scanning it)
If he is SC now for the DMII they should award something for the diabetic nephropathy ,if that was claimed and if they have the private doctor's evidence on that.
...I am confused here..
"Yes filed a nod, filed19 within the 60 days. Vso thru American legion filed all. We have copies did an iris, about 10 days ago. No ans yet."
I assume then that you are waiting on a Statement of the Case.....????
." I have got all his lab work from the time he was diagnosis with renal failure. His Vso to wait till we rec docket number, otherwise it might get lost without it. However, we ar still waiting on that. Of course it is like everyone else, by the time they get around to rating it, you are et etc etc "
That does not make sense to me.
If this claim was actually denied we need more info.
In my opinion, if a claim is Still at a VARO and you have more probative evidence, send it to them with proof of mailing.
Is this the claim he filed in 2012?
Is the VSO supposed to prepare a 646 and is that holding up a BVA transfer?
I am lost here and probably I am not making any sense at all......because we dont know what they denied ,why they denied and when they denied.
However, once you get to the BVA (they (BVA) will send you a letter with your docket # on it, and you can send any additional evidence directly to the BVA and then check with them to make sure they have it.
Has any C & P doctor given any opinion on the renal disease yet? Was renal failure due to DMII part of the 2012 claim?
You make a very good point!
The C&P examiners surely must realize that they don't work at the VA of 20 years ago. Back in the 90's, I had no way to know if the examiner was being thorough or not. Now, we are empowered with knowledge here from Hadit and also are fortunate enough to have the DBQ's and C&P exam questionnaires available to us online.
If C&P instructions say to measure something, the examiner better measure it. With the rating criteria we have, even 1 mm could mean make a difference in your rating. If I ever have to go back in for another C&P exam where the rating is based on a measurement or ROM, I will ask if they have their ruler or goinometer. If they claim they don't need one, I will be like oh yes you do. You don't have one? Here, you can borrow mine. If they still refuse, I would ask for a new exam with a competent examiner who knows how to follow the regulations.