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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?

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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?

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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 by pete992

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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

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

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Good Luck on your claim

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