Navy4life

^^^Agree with Talon!  Buck don't worry what Ebennies says b/c it is not accurate.  But to answer your question, it basically means they seem to have what they need to review the claim and IF there is additional documents or medical exams needed it will go back to GOE and you will be notified....
Try and stay off Ebennies....

Okay what do you think of this for a timeline.....
NOD discussion and timeline for review hearing


 
Timeline:

·      May 10th, 2013 claim initiates at the DAV Washington, DC office


 
·      June 2014 first award letter granting 40%


 
·      June 2014 award letter - Left and right ear conditions, which veteran never applied for, indicates these contentions were denied


 
·      June 2014 award letter - Toe condition, left foot – denied (SMR’s presented showed issues with toe at the time of fracture, as well as the left foot/toe was fractured again in 1996 and Veteran was 8 months pregnant.  Veteran has been trying to get 95/96 SMR’s for over 1-1/2 now.  Veteran has proof of multiple attempts to obtain records. Additional evidence is a photo of Veteran with cast on left foot/ankle holding daughter born in February 1996.  This was Veteran’s second fracture to the left foot/ankle)


 
·      June 2014 award letter - Morton’s Neuroma w/status post avulsion fracture, 5th metatarsal, right foot – denied and the toe was noted on the wrong foot! LEFT foot NOT right foot


 
·      June 2014 award letter - Right ankle sprain – deferred (SMR’s showed sprain as well as Veteran has found additional evidence to present at hearing).


 
·      June 12, 2014 Veteran files NOD stating CUE based on the fact that the June award letter was inaccurate


 
·      August 2014, I submit VA 21-4138 requesting they withdraw my NOD dated 8/14/14 and reconsider the decision from 6/12/2014 because they adjudicated the wrong body part on the wrong foot.


 
·      November 2014 award letter granting Veteran 60% but denying status post avulsion fracture, 5th metatarsal, right foot; right ankle sprain, and left foot strain with morton’s neuroma (toe condition).  In this award letter, the VA states under “Evidence Considered” that the “VA medical opinion provided by Salem VA medical center dated November 6, 2014” was one piece of evidence.  Veteran has never been to Salem for medical treatment.  Veteran fears this is a mix up which might lead to why Veteran had L/R ear condition on her award letter as denied when she in fact never applied for these contentions.  


 
·      November 14, 2014, Veteran files NOD citing the status post avulsion fracture, 5th metatarsal, right foot should be s/c 20%; right ankle sprain should be s/c 10%; and left foot strain with morton’s neuroma (toe condition) should be s/c 10%


 
Take note, that in original claim filed on May 13th, 2013, Veteran stated claims for toe condition (left foot); bilateral ankle condition; and bilateral foot condition.


 
Veteran had RO in Roanoke when claim initiated on May 13th, 2013. Veteran provided private doctor’s evidence to include DBQ’s, X-rays, and MRI by Veteran’s private Podiatrist Dr. XXX.  Veteran was seen at a QTC facility in Virginia around July 2013 for several C&P exams.  Veteran moved to Texas in late 2013.  Veteran began seeking treatment at the VA Medical Hospital in XXXX, and had C&P exams with a VA medical facility in October 2014.  Not once did Veteran ever seek treatment at VA Salem.


 
Additional evidence to provide:

·      Photo of Veteran with cast on left foot/ankle (circa Feb. 1996)

·      Additional SMR’s showing right ankle sprain (see evidence)

·      Letter from Dr. XX, current podiatrist

·      Two notifications requesting medical records (6/11/15 & 1/25/16)

·      Email requesting up date on medical records (2/11/16)

Is there any evidence that might have been overlooked that I should supply to support a favorable decision?

Well knowing my luck I should wear elbow pads, knee pads and a helmet.  I scoot around on that thing pretty good!  When I am at the VA I get lots of Veteran's saying I get around pretty good LOL

Well since I am in a boot for my right foot and on a knee scooter and my left ankle has a brace I think I am going to be good to go with visual effect LOL
 

That is my fear is that they reviewed evidence that wasn't MINE.  Heck I had contentions listed on my award letter denying them and I didn't even apply for them!  Also the award letter citing my toe condition on the wrong foot to further complicate things....
I have to really work on this, this weekend b/c I need to get a timeline and evidence put together for the hearing.
UGH!

FYI
I read on the internet last night from a reliable source that the IG was in California and working VA Miss Cues and headed North to Oregon/Washington to the VAMC'S

That means the RO or the evidence intake center we use now must have sent them to salem for a medical records review and a Dr's opinion 
I don't understand why they did  but apparently they did.
Call the Salem  VA Medical Center tomorrow (Director of Hospital) or person in charge and tell them what happen and see what they say??. they should get on this ASAP and get back to you the same day   you ask them to do so  or your going to the IG..they should explain this to you  and you need to see why this happen before your Hearing

Looks ok to me  Navy4 if you can talk to the DRO and get this straightened out.
 you may call salem RO and request your records  if they can't find them have them to write you a letter stating no records were found..if they send you records  but thosr records are not yours  take them to the Hearing.
even tho you never been treated there.  see what they tell you?

Green;
I feel your pain...I just submitted online through the National Archives to provide me with an update on both my requests for records I submitted to no avail...Thank God I save everything so I could request online for an update!

Green;
I feel your pain...I just submitted online through the National Archives to provide me with an update on both my requests for records I submitted to no avail...Thank God I save everything so I could request online for an update!

When was the FDC filed?
C&P exams sound favorable! 
Do you believe all evidence is before the VA?  if so you click, decide my claim on Ebeenie's.  I did that and had an answer within 3 weeks.

Navy4 life asked my question too...is all of the evidence before the VA?
Try the ebennies suggestion.
It sounds like a very favorable C & P exam!

Yes I was given an explanation to garion post above.
call the 1-800 and ask them about this ,and ask them if its Relevant to your new claim?
I suggest you take this 2014 decision letter with you to your Hearing  make copies. explain to the DRO...ect,,,ect,,
best thing to do is get medical records pertains to your claim as new and material evidence   no matter what other evidence they may have, I don't think they can use this salem records against you if its not yours.
jmo
...Buck
 

Okay so most here know I am preparing for my DRO review hearing coming up at the end of the month.  I decided to 're-read' my decision letter from 11/2014 and I noticed under "Evidence Considered" there was medical records that were not mine listed. "VA medical opinion provided by Salem VA medical center dated November 6, 2014".  I have never been to Salem???
I would like to give you all some further background.  In early 2013 I submitted my claim.  In June 2014 I got my first rating letter with some contentions approved and other contentions deferred. In this letter, it stated L/R Ear Conditions denied.  I never applied for that, but I did apply for tinnitus and was approved for that.  I was also denied for toe condition on RIGHT foot when it should have been left foot.  I filed an NOD, citing CUE but realized that was incorrect, so I filed out a VA21-4138 stating I wanted to retract my prior NOD and asked that they reconsider the decision based on the fact that they adjudicated the wrong body part.  The morton's neuroma was noted on the wrong foot.
Then in November 2014 I got final award letter with a few other contentions approved and the others denied to include the ones that were on the June 14 letter that were inaccurate.  What puzzled me, is the fact that there were contentions I DID not apply for, denied.  L/R Ear condition and then they put my toe condition as denied too, and they noted it on the right foot not the left.  
Now I am beginning to wonder if they had someone else's medical files????  Like I sated, I have never been to Salem so why would y records be there let alone reviewed as evidence for my claim(s)?
Should I bring this up to the DRO hearing officer????

you got it...LoL
But please remember a lot of the timeS it truly depends on your DRO if he/she is veteran friendly so to speak    your probably ok but some times a DRO can really be an A**
WE CALL IT THE PICK OF THE DRAW.

being goofy,
Regarding the knee scooter, I'm picturing some sort of home-made apparatus with a 2-stroke engine that you ride around
by law are you required to wear a helmet?

I think you being there in person you can show the DRO your ROM and tell him/her about your pain ect,,,ect,,,
I remember my DRO Hearing  the DRO Stated in his report its obvious this veterans disability is real and with a DRO & Rating specialist present at his Hearing as witnessed.
so see you can physically show them your actual disability's.  this is what I liked about my DRO Hearing.

N4L, just wanted to let you know that my medical files are full of inconsistencies and errors, naming facilities I have never received care from.  I haven't received my C-File yet (requested in November of 2014) and can only imagine what a tangled mess it might be.

I see what you are talking about my sister...(:
You have a legitimate complaint if your denial was decided on the wrong medical information.  I hope you have a VSO which would make fixing the issue much easier...

if they give you an answer  ask them to email you the explanation. copy and take to your hearing.

I would call peggy  the 1-800 # and ask them?
unless they meant review of your medical records?
I was thinking last night  about your other foot that you broke that caused you to fall and break your other foot, you may read the CFR's about this under Aggravation of presumption
Favorable Presumptions in the VA Claims Process: Aggravation
Another presumption in your favor is that any preexisting condition that you had treated while in the service received that treatment due to it being aggravated by the nature of your service. For the VA to disprove this and issue a veterans claim denial, clear evidence is again needed. This time, they must show that the original condition got worse due to “natural progress” – with most conditions, this isn’t the easiest thing in the world, since the nature of military service often causes quite a bit of physical wear and tear.
Now your SC foot becomes the question is that the reason you had your fall and broke your other foot and had to have surgery....you need a Dr to state this   due to your LEFT SC foot it is my professional  opinion that it did indeed cause your fall and breaking your other foot. or something to this effect
if you have medical records that state this  then you will win .
But as for as other RO having your records call and ask them if this is true and how and why did the Salem RO Get these records   you need an explanations of that.
jmo
 
...............Buck
lay statements from you they won't accept.

^^^Agree with Talon!  Buck don't worry what Ebennies says b/c it is not accurate.  But to answer your question, it basically means they seem to have what they need to review the claim and IF there is additional documents or medical exams needed it will go back to GOE and you will be notified....
Try and stay off Ebennies....

Navy4life
you can bring up any evidence or anything else that will let the DRO favor your claim.
IF YOU THINK YOU NEED TO TAKE IT  TAKE  SO YOU'LL HAVE IT!!
I could be wrong here   but the last couple years or so the RO's have been shopping our claims around the Nation  our claims can go anywhere, the Intake centers get them and call around to different RO's And they send the claim to the least booked,or over-logged I  just like they do our C-File.
I got  letter from the DAV NSO in Salt Lake City UT...My RO is  Waco Tx and I thought my DAV was there too? obviously not.
Now I don't know where I heard that but I heard it some where.??
I think you'll do fine at your DRO Hearing  its nothing to be nervous about  like the C&P's  only DRO can make a decision then and there.
If your DRO Hearing is Waco  thats where I had mine and it was a lot easier than I thought.
 Just go over your records and think about what you need to tell them   your going to do fine.
Try not to let this get to ya, some time we tend to worry to much and clam up at out hearing.  
Take deep breaths and go in with a great attitude that your going to win this thing and get a better rating that what you figured.
 
............Buck

Just another update!  I received another call from QTC and this time from the Chief Executive Officer (BTW he is a Veteran as well) Grant, and he was appalled at the situation.  My incident was escalated to his office after I spoke to Shawn yesterday.  I told him I appreciated his call and the fact that they were really taking the necessary steps to ensure this doesn't happen to another Veteran.  He told me that their actions were uncalled for and that they will be held accountable.
This just confirmed to me that they are really taking care of the entire situation!

Don't get me wrong, I am ALL about providing information to other Veteran's.  I have been provided a lot of valuable information to include emails, phone numbers, names, etc on here.  I agree that the ones that have "gladly" provided their information is very helpful.  However, the QTC director's number is not something I am going to put out there.  She didn't freely say "give my number out to other Veteran's" like the Under Secretary did, like the head VA rep, Carolyn did.  They have freely stated to provide their information publicly.  The lady I spoke to, did not say, "please feel free to give my number out", and to me that is something I am not just going to publicly post, but what I am going to do is call her tomorrow and see if she would not mind me sharing her number.  I am not sure if the number she called from is an office number or her cell phone and I certainly don't want to violate her privacy.  I am sure you can understand that right????
I will take the step to ADVOCATE for other Veteran's and see if I can pass her phone number on to other Veteran's.  I certainly want to try and help other Veteran's.  
Another route, is to do what I did, file the incident report with QTC b/c I got a call within days of my incident report from this lady.
I appreciate your responses and I certainly appreciate your view on this.  We are on the same page.....