Need Help Please!

[ermie8]

I just received a decision that I have been denied benifits because I missed the C&P exam that I did not know I was scheduled for. I last checked my appointments calander May 31, 2015 and there was no appointment listed. I looked today after I received the denial and it is listed for June 9, 2015! I had no idea about this appointment, now what do I do? Any help is appriciated, as I have been waiting well over a year to get this appointment and exam. Thank you in advance, Jeremy.

Edited June 18, 2015 by ermie8

[Andyman73]

I recently went for an appointment that I had to take the day off of work, for. Guess what??? The appointment was canceled two months prior!!! I wasn't notified and have lived at the same address for 16 years! Fortunately for me, I did need to talk to some other folks while I was there, and the appt. wasn't anything special.

[USMC_VET]

I find it interesting (and by interesting i mean bs) that we as vets have to pretty much spend nearly $10 to send Certified, return receipt, iris and fax to make sure evidence is considered, etc and that it gets there and if it was "lost" or "never received" we have to prove WE DID SEND IT IN! yet the VA can do this and never really be able to prove they did. You might want to check your Blue Button. I have found that when they tried to schedule a appointment and couldnt get a hold of me they would send out a letter and this HAS (not always) shown up in my blue button. You may find they sent it to the wrong address, etc. and might be able to prove a CUE that way showing that you updated your address on such and such date and this note shows they mailed it to the old one on such and such date, being their fault.

This is why its important to update via ebennies if you change address AND you local clinic, VARO, etc. for healthcare. ebennies does NOT update the hospital side of VA only where they send compensation related letters.

[Gastone]

Any verifiable reason, on your part, for not knowing about your C & P? New address or something?

This may or may not work. The VA finally officially recognized a Veterans Request for RECONSIDERATION of a Denied Claim. If it were me, assuming the claim is worth some $$, I would take a trip to my VARO and hook up with the 1st VSO Rep I could get my hands on. Even if it's not a Rep from your VSO, they should be able to give you direction and assistance. Try to find a VSO with a Senior Experienced Service officer. Quite often they are on a 1st name basis with the VA Raters and should be able to make direct contact with someone in the Rating Dept. Might help, at the very least the VA Rating Department Employee has to complete a VA Vet Contact form and place it in your file.

Even if your trip to your VARO doesn't get same day action, it might trigger a review of your Denial by a Senior Rater, worth a shot. You file your NOD ASAP, but pack a lunch, a very long wait is ahead. DRO Reviews take up to 2 years, DRO Hearings can go 4+ yrs.

Just for info, pull up the VA DRO Duties and Responsibilities M21-1MR Chapter 5 Sec C. Review the entire thing, as I recall there was discussion as to Vets not appearing for C & P and rescheduling the C & P.

Meanwhile, back at the ranch, take whatever corrective action you can think of, so Missing a C & P exam never happens again.

Semper Fi

Gastone

[wingnut73]

Interesting about the phone numbers. I was told recently by a VARO supervisor that a phone number or address change made at a VA clinic or VA hospital for their records does not get changed in the VARO records. They are on completely different systems. This begs the question, Does the VARO get copies of your local VA medical records? I questioned IRIS about this and got NO answer!

[ermie8]

UPDATE! I did email the Under Secretary Ms. Hickey, who's secretary contacted the head of the St. Louis VBA. That person had thier secretary call me. That person gave me two numbers to call in case I have not been notified by next Wednesday. In the mean time, An awesome idividual from the Leavenworth VA Hospital called me and gave me guidence as to what steps to take, file a NOD and what to put on it. After hanging up with them, the person I was told would contact me by next Wednesday called me.

Now here is where I was shocked, they gave me a new date for a C&P of July 9, 2015! This was due to the fact they did not notify me! I had proof that I had been on MyHealthyVet on the night of May 31, 2015 which lent creadence to not being notified in a timely manner.

I again was contacted by the same man that had called from Leavenworth, I updated him as to the fact that I now had a new appointment for the C&P. He too was shocked, and said he was going to fill out and send forward something and use what I had put in my email to the Under Secretary because he had shown it to his boss and they felt that something should be done about my not being notified. WHOOOO, what a day! Thank you all for your feedback, especially Berta! Thank you so much!

Never give up! Keep driving ahead! Jeremy

[ermie8]

On a side note: I also received several emails from all those people who helped sort this out. I forwarded them to my VRO so that he knows what has transpired for when I do get to his office.