Not Quite Sure On Bva Appeal

[stillhere]

Not quite sure what is happening but to bring all up to date I filed in 83 for hearing loss and was denied I then did not appeal so the case was closed. I have been trying since 2003 to get it reopened but the VA kept saying I had to have "new and material" evidence!

In 2006 after once again being denied by a NOD I had filed, I filed a form 9 appeal to the BVA. Had not heard anything on this until last week with a phone call from QTC saying I had a C&P coming up. Got the notice Friday that the C&P is for audiology.

Question has this been ordered by the BVA or Roanoke?

Why if it is Roanoke did they not certify by appeal to the BVA?

I know it is better time wise to keep everything local because of time frame but does this mean they have reopened my claim?

I have plenty of evidence of very poor hearing from tests at the VA over the years for hearing aides and from a local audiology firm with a letter of nexus. But they still want another test??? Not a big deal but it is going to be interesting what this is all about.

Any chance I could still win this at Roanoke and get service connected and also any guess as to how long this would go back?

Any advice would be appreciated!

Stillhere

[broncovet]

"Stare decisis" means that you cant just keep applying for benefits hoping to land a very liberal rating specialist to give you benefits when all the others denied you. That is why, you have to have "new and material evidence" to reopen a denied, unappealed claim, in the absence of CUE. There are a few exceptions to this, tho.

One exception is 38 CFR 3.156 C concering service medical records that were lost then found. This enables you to reopen the claim, and the VA may have done this.

A C and P exam is unlikely to be "ordered" by the BVA unless you got a decision from them so stating. You could, however, get a remand from the BVA with the BVA giving instructions to the RO to do a new C and P exam.

[stillhere]

All I am trying to do is get a fair shake on my hearing loss which happened while I served in Vietnam! But because of the shoddy and very suspect way the Army kept records and the VA's predesposed denial mentality I have reached this part in my journey.

Thank you, Stillhere