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Preparation for Decision without C&P exam?

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Gunny Motto

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Question here, I had a claim in for bilateral bursitis(knees) and subluxation in left knee. This claim was initially denied because they said that I did not have a diagnosis for bursitis in my medical records. I have since then informed my doc of the apparent oversight as she has indeed been treating me for bursitis, however she stated "knee pain" in my record. Now, I have resubmitted my claim, and I also provided them my doc medical notes from my records which states the bursitis diagnosis, as well as medical record notes from an Orthopaedic doc siting the same as well as siting subluxation, and I also submitted the medical notes from my Physical Therapist. I also included a statement from my wife explaining how these issues have affected my daily activity. I look on ebenefits today, and my claim has moved from Gather Evidence straight to Preparation for Decision. Question, how can be preparing for decision when I have not been scheduled for a C&P exam yet? I mean, I know that I submitted a lot of evidence and all,,, but shouldn't they send me in for an exam?? Does this mean I'm on the brink of denial??

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Was this a formal Reconsideration Request?

You stated

"Now, I have resubmitted my claim "

but are you still in the NOD time frame?

Does ebenefits show proof that they received this new info?

A reconsideration request does not stop the one year deadline for a NOD to be filed.

What was the date of the denial?

Were you fully able to establish an inservice nexus to this disability?

Edited by Berta
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I'm note sure what the "NOD" means? But when I got the denial letter, I was given 12 months to respond, and yes I am within that 12 month time frame. The DAV resubmit my claim for "reconsideration" vice an "appeal" because they said that it would be quicker and because I had all of the evidence needed. All of the docs were uploaded in ebenifits and I can actually see them when I loggin so I know they definitely have it. Actually, a few days after I upload all of the documents, that's when my status went from "gathering evidence" straight to "preparation for decision"? And yes, I am a reservist and the injury happened while on Annual Training orders and I had another Marine to provide a signed Lay Statement attesting to the event and date of injury.  In the denial letter, they stated that I have shown proof that the injury happened while on orders, so I should be good there. Their only issue was that I was not properly diagnosed by my doctor in the medical record. But now that that is fixed, plus the second opinion from an Orthopaedic doctor, I just can't imagine why I would be on the brink of denial?? #WEIRD

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NOD- Notice of Disagreement.The DAV sounds very supportive of this.

Still ,if the VA does not favorably resolve this and the NOD one year deadline looms close, you must file a NOD at that point.

You have good evidence and fortunately the "knee pain" diagnosis was changed to bursitis.

They still need to give you a C & P exam,unless maybe the ortho doc's opinion was recent and thorough enough to cover how they could rate this.??? That is concerning.

But ebenefits is not always a reliable source to track this stuff.

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