Advice

[jhilly]

I filed for compensation in August 2004. I was denied with the reason being that I failed to show up for my c & p exam. I filed an appeal in November of 2004 but I haven't heard anything since. I went back to the VA in October 2009 and since October I have been receiving/going to my exams. In reviewing my paperwork for my appointments I discovered that I had a Perisan Gulf Compansation and Pension exam in August 2004.

I thought this might be the exam the VA said I missed. I called the DAV who told me that it did not matter because I only had 1 year when I got denied to address it. What mattered now is when I re-applied in October 2009. Does the original appeal matter?

[Philip Rogers]

jhilly - if you don't have a complete copy of your c-file you need to get one. You need to check the status of the '04 appeal, to see if the VA actually received it. Ignore your DAV rep - seems lazy to me. As for the denial, for failure to attend the C&P, if in fact you did have a C&P exam then you may have a CUE, which makes your DAV reps info wrong. You need to get a copy of your c-file and let us know what you find. Then we can direct you better.

pr

I filed for compensation in August 2004. I was denied with the reason being that I failed to show up for my c & p exam. I filed an appeal in November of 2004 but I haven't heard anything since. I went back to the VA in October 2009 and since October I have been receiving/going to my exams. In reviewing my paperwork for my appointments I discovered that I had a Perisan Gulf Compansation and Pension exam in August 2004.

I thought this might be the exam the VA said I missed. I called the DAV who told me that it did not matter because I only had 1 year when I got denied to address it. What mattered now is when I re-applied in October 2009. Does the original appeal matter?

[pacmanx1]

You may still have an open appeal if VA never processed your appeal claim. I agree with philip that you need to find out what is in your C-File. I also agree that your rep. may be part of your problem.

Edited March 10, 2010 by pacmanx1

[carlie]

In reviewing my paperwork for my appointments I discovered that I had a Perisan Gulf Compansation and Pension exam in August 2004.

There is no such thing as "a Perisan Gulf Compansation and Pension exam".

Thers was a Persian Gulf Registry.

"The VA Persian Gulf War Health Examination Registry, was

authorized in November 1992 by the “Persian Gulf War Veterans

Health Status Act” (Public Law 102-585)."

http://www.gulflink.org/gwr/registry.htm

It is now more simply called Gulf War Registry ( Formerly Persian Gulf Registry ).

NOW, as pr posted - if in fact it was a VA Compensation and Pension Exam.

you may have a good basis for a CUE claim.

jmho,

carlie

[jhilly]

thx for responding everyone. I'll work on getting that c-file and checking on my appeal.

[Pete53]

Good Luck on your claim

[Berta]

You filed an appeal in Nov of 2004 and have not heard ANYTHING on that?

If I were you I would go to the VA web site, to the Contact Us section and send them an IRIS request as to the status of that appeal.

Did the DAV say they would file the appeal? or do you have copy of it and also a proof of mailing it to the VA?

Do you mean the NOD (Notice of Disagreement)is what you filed n Nov 2004?

"Does the original appeal matter?"

It certainly could-if you filed a NOD within the first year after their denial and the VA failed to act on it- then it means this older claim is still open.