tinnitus CP exam, everything denied, straight to BVA in DC

[skydealer]

I'm kind of confused and concerned about this one...

I submitted my VA Disability claim for multiple items way back in 2011.  I got a very bad CP exam doc who denied everything despite nearly 20 years of treatment by civilian docs for some of the issues.  In 2012 I appealed with a notice of disagreement.

In the meantime a doctor at the VA was willing to help with the paperwork for the TBI and filled it out which sped up that portion - I ended up getting  10% for tinnitus, 40% for the TBI residuals (memory and concentration) and 30% for migraines/headaches. 

What is still on the original appeal is my feet/ankles & knees from an injury as well as left hand from putting a screwdriver through it.  It's been sitting in the 1st stage appeal limbo basket for nearly 5 years.

Fast forward to 2016 - suddenly I find out that my original disability claim has been sent to Washington DC to the Board of Veteran Appeals.  Wow - what a shocker as I was expecting at least another exam.

They said it will go before a judge.  What concerns me is that it's my original claim, including the TBI issues.  Will everything be reviewed and is it possible to lose what I have?  I thought it should have been only for the items still in appeal.

Is this whole " straight to the board of Veteran Appeals" right from the initial C/P disagreement a normal thing?   Thanks for any insight.

 

Edited September 25, 2016 by skydealer

[Buck52]

 After a Denial and the veteran Appeals NOD ...Did you request a DRO Hearing/Review/ or any other Review to help get a favorable decision?  if not then that's probably why its going to the BVA.

 Can you post your denial on here the reasons and bases part?

Yes they sure can reduce  you based off the Original C&P, They should send you a SOC( statement of the case) or supplemental SOC ? did they?

 if you don't have a Docket # yet  you maybe in for years years wait.

You should go seek a private specialist for IMO to have as new & material evidence to rebut your Original C&P Examiner, be sure you find a Dr with the correct credentials (specialist in the field of medicine your claiming)

If you never recieved anything back from the VA After you were DENIED & you sent in your NOD Within a year then the VA has committed a CUE  (Clear and Unmistakable Error.)

This is just my thinking  seems to me they violated your( DUE PROCESS)  under the Cushman Preposition.

seems your a constitutional right has been broken.

other elder members I hope will chime in here!

...................Buck

Edited September 25, 2016 by Buck52

[skydealer]

Thank you for responding.

All of the original claims were denied of “The evidence does not show a current diagnosed disability” with the exception of the chronic sinusitis, which stated there was no event in service. He claimed no problems even though over 100 pages of civilian medical records for treatments showed otherwise.

In May of 2012 I sent back the following letter:
 

Notice of Disagreement (NOD)

Dear Sir/Madame:

I am in receipt of your letter of 11 April 2012. In that letter you have denied my application for a disability
rating I claimed 16 AUG 2011.

Please accept this letter as my Notice of Disagreement (NOD) with your decision.

My reason for this NOD is an incomplete CP exam was performed along with the examiner not reviewing multiple current civilian medical records and diagnoses.

I request a Decision Review Officer Process (DRO) appeal and I request a personal hearing.

I never did get a personal hearing but it turns out they did send a packet in Dec 2012/Jan2013.  I did not remember this until I went through my files. Sorry about that  - I really didn't think I had received back anything.  Dangit - It really gets frustrating when you can't recall a lot of things.  This head injury really screwed up my life!

It turns out they did send me a request additional data and I sent in a Statement in Support of Claim.  I also did find a copy of the VA Form 9 requesting a hearing but it was only to appeal two of the original issues, and out of that the TBI was eventually rated. 

I don't recall getting a docket number.

SO - false alarm.  Again, my apologies for not recalling any of this.  The only thing I need to worry about is having my existing ratings reversed, which I hope is safe because of all the documentation, including VA doctor letters.  If anything, the TBI residue is more severe than what they rated and only gets worse every year.
 

 

[waccamawwild]

Good luck. Sometimes you have to appeal. Good luck as I have had good luck on appeals. I would get an Independent Medical Opinion.