Jump to content
  • Advertisemnt

  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Searches Community Forums, Blog and more

  • Advertisemnt

  • 0

Advice appreciated - Denied due to bad C&P


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)).


Edited by IMEF-Gunny

Share this post

Link to post
Share on other sites

3 answers to this question

Recommended Posts

  • 0

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 Submission of New & Material Evidence that was not "EOR" (Evidence of Record) and available to the original Rater, is a VA Mandatory Requirement. Early submission of your N & ME is critical for the DRO Review!

With the Review, failure to get the N & ME in before the Review is conducted will result in an Administrative Denial. You'll have no notification that the Review was completed, about 6+ months later you will receive an Award/Denial letter with a SOC "Statement of Case," if Denied, next stop BVA.

if you think the Rater missed something or a C & P was bad, file an "Official Request for Decision Review." If you don't get immediate action within say 4 to 5 mos, File your NOD.

I personally prefer the DRO Hearing (Face to Face), mainly because it worked for me, all issues Awarded after 35 min. DRO Award Letter the same day.

Semper Fi

  • Like 1

Share this post

Link to post
Share on other sites


  • 0

A.  You can challenge the competency of the examiner.  Absent your challenge, the examiner is "presumed" to be comepetent and his exam stands.  

If you elect or neglect to challenge the competencey of the examiner, you can also get an IMO/IME to refute the examiner,  This should be easy if this 83 year old examiner did NOT state he "reviewed all your medical history"  

That is, if you had a medical history of xx condition, then that sort of refutes his statement.  You may not have complained about xx condition at the c and P exam; this exam was apparently not for xx condtion, but rather for yy condition, so why would you complain if its not relevant?  

You will need to decide whether you 1) want to challenge the exam 2) get an IMO/IME to refute the exam or 3) both or worst of all 4) do nothing

B.  Yes.  38CFR 3.156 C means you can submit new service records whenever STR's are lost but found later.  




(c)Service department records.

(1) Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section. Such records include, but are not limited to:

(i) Service records that are related to a claimed in-service event, injury, or disease, regardless of whether such records mention the veteran by name, as long as the other requirements of paragraph (c) of this section are met;

(ii) Additional service records forwarded by the Department of Defense or the service department to VA any time after VA's original request for service records; and

(iii) Declassified records that could not have been obtained because the records were classified when VA decided the claim.

(2) Paragraph (c)(1) of this section does not apply to records that VA could not have obtained when it decided the claim because the records did not exist when VA decided the claim, or because the claimant failed to provide sufficient information for VA to identify and obtain the records from the respective service department, the Joint Services Records Research Center, or from any other official source.

(3) An award made based all or in part on the records identified by paragraph (c)(1) of this section is effective on the date entitlement arose or the date VA received the previously decided claim, whichever is later, or such other date as may be authorized by the provisions of this part applicable to the previously decided claim.

(4) A retroactive evaluation of disability resulting from disease or injury subsequently service connected on the basis of the new evidence from the service department must be supported adequately by medical evidence. Where such records clearly support the assignment of a specific rating over a part or the entire period of time involved, a retroactive evaluation will be assigned accordingly, except as it may be affected by the filing date of the original claim.

(Authority: 38 U.S.C. 501(a))


C.  Yes, I would ask for a DRO review in your NOD, UNLESS you want a hearing which takes longer.  

Share this post

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Advertisemnt

  • Latest News
  • Our picks

    • Survivors- a Must read
      If you are new to hadit and have DIC questions it would help us tremendously if you can answer the following questions right away in your first post.

      What was the Primary Cause of Death (# 1) as listed on your spouse’s death certificate?

      What,if anything, was listed as a contributing cause under # 2?

      Was an autopsy done and if so do you have a complete copy of it?

       It can be obtained through the Medical Examiner’s office in your locale.

      What was the deceased veteran service connected for in his/her lifetime?

      Did they have a claim pending at death and if so what for?

      If they died from anything on the Agent Orange Presumptive list ( available here under a search) when did they serve and where? If outside of Vietnam, what was their MOS and also if they served onboard a ship in the South Pacific what ship were they on and when? Also did they have any major  physical  contact with C 123s during the Vietnam War?

      And how soon after their death was the DIC form filed…if filed within one year of death, the date of death will be the EED for DIC and also satisfy the accrued regulation criteria.
        • Like
      • 20 replies
    • If you are a Veteran, represented by MOPH, you need to know that MOPH is closing down its offices.  This can have a drastic effect on your claim, and it wont be good for you.  You likely need to get a new representative.  

      This station confirms MOPH is closing its doors:


      • 0 replies
    • Retroactive Back Pay.
      Retroactive Back Pay - #1Viewed Post Week of March 19. 2018

      My claim is scheduled to close tomorrow for my backpay.
      Does anyone know if it does close how long till the backpay hits the bank?
      Also does information only get updated on our claims whenever the site is down?
      • 44 replies
    • Examining your service medical records...
      * First thing I do after receiving a service medical record is number each page when I get to the end I go back and add 1 of 100 and so on.

      * Second I then make a copy of my service medical records on a different color paper, yellow or buff something easy to read, but it will distinguish it from the original.

      * I then put my original away and work off the copy.

      * Now if you know the specific date it's fairly easy to find. 

      * If on the other hand you don't know specifically or you had symptoms leading up to it. Well this may take some detective work and so Watson the game is afoot.

      * Let's say it's Irritable Syndrome 

      * I would start page by page from page 1, if the first thing I run across an entry that supports my claim for IBS, I number it #1, I Bracket it in Red, and then on a separate piece of paper I start to compile my medical evidence log. So I would write Page 10 #1 and a brief summary of the evidence, do this has you go through all the your medical records and when you are finished you will have an index and easy way to find your evidence. 

      Study your diagnosis symptoms look them up. Check common medications for your IBS and look for the symptoms noted in your evidence that seem to point to IBS, if your doctor prescribes meds for IBS, but doesn't call it that make those a reference also.
      • 9 replies
    • How to get your questions answered on the forum
      Do not post your question in someone else's thread. If you are reading a topic that sounds similar to your question, start a new topic and post your question. When you add your question to a topic someone else started both your questions get lost in the thread. So best to start your own thread so you can follow your question and the other member can follow theirs.

      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.

      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.

      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.

      Leading to:

      Post clear questions and then give background info on them.


      A. I was previously denied for apnea – Should I refile a claim?

      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?

      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.


      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies

Important Information

{terms] and Guidelines