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Advice appreciated - Denied due to bad C&P
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IMEF-Gunny
So, here's where I am as of yesterday:
Filed 6/16 Gulf War Vet (Gastro-intestinal disturbances, Short term memory loss, Bi-lateral arm/shoulder pain, sleep disturbances)
Recieved 2 letters (same mailing, one acknowledging my filing an FDC claim/ one acknowledging I did not opt for FDC claim, but traditional)
Called VA, they said "You did not file FDC, your claim is traditional)
January 2017 scheduled for first C&P exam (Unaware of which contention it was for)
immediately after C&P rated 30% for IBS - VSR added stool incontinence to my claim as a disability (deffered)
* My C&P examiner was an 87 year old Iranian doctor who was a family practioner working at the VAMC. He thoroughly examined my stomach issues, took xrays and check me for hemmoroids. He asked if I had hemmoroids, I said "not that I am aware of". He checked me and said I didn't have hemmoroids. He noted that I had stool incontinence requiring wearing of a pad. He asked me if I had any other issues, I said "Yes, I don't sleep well. I wake up 6-20 times per night....mostly due to shoulder/arm pain and joint stiffness. I also have very serious short term memory problems, which is my greatest concern". He said memory is mental health and asked me NO other questions.
Memory loss, bi-lateral arm/shoulder pain, stool incontinence, Sleep disturbances all deffered
checked VA notes - discovered that my C&P was returned to doc as incomplete, He was suppose to check all other contentions as well. Doc answered that "Veteran complained of stomach problems and about his hemmoroid, Veteran denied having any other issues".
I uploaded a letter disputing the docs answer as it was not accurate at all.
April 2017 called Peggy and told VA was waiting for STR's.....from Records Management center (told them RMC did not hold my records NPRC did)
April 27 - uploaded STR's to ebenefits, called Peggy and they sent that info to VSR
May VA still waiting on STR's from RMC - no response from RMC
Called RMC - RMC says they replied 3 times, stating they did not hold those records as I left USMC in 1992
Clicked "Decide claim now" as i had nothing else to send them
Yesterday - all deffered items denied "Not service connected"
Waiting on BBE to file NOD. So, my question is......
A. Do I have a decent chance for getting scheduled for a new C&P if I was denied due to Doc's answer?
B. Do I have a decent chance if they say, they couldn't obtain STR's?
C. Do i ask for DRO review in my NOD?
Any advice greatly appreciated. I have a VSO.....they've done absolutely "0" for me.....told me "it's your claim, do what you want"......so, they are out....I'm on my own.
Currently rated at 30% IBS. I have another intent to file, started 8/16, I'm considering a PTSD claim. I have a buddy letter for stressor and have been diagnosed with PTSD at local VAMC, on medication. Had a mention of suicidal ideation, in my STR's, prior to Marine Corps boot camp (possible aggravated by later service(Gulf War)).
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Gastone
Who filed the FDC, you or your VSR? DRO Reviews take 12 to 18+- mos, DRO Hearings 3 to 4+- years before the Formal Hearing and up to a yr for the Formal Hearing Award/Denial Decision. The Su
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