babycourt45

Well brothers and sisters, my fight with the VA is at and end.  Earlier this month I completed my journey.  I am thankful for all of the discussions through this page that helped me even though I had not registered until now.  Now I can concentrate on other issues with my life instead of the VA.  In a way I think the fight helped me.  It gave me direction when things were troubling and difficult.  I hope I can help others at least with information (if not more) now that I am finished with this battle in my life.
 
Now to convince my wife to let me get a dog...

Julie this is OUTSTANDING news and congratulations to you and your family.

I completed my last C&P exam on Saturday, it was scheduled for 2 hours but the C&P doctor only kept me in the office for 19 minutes and then sent me on my way.  We will see what happens after all has been said and done.  Thank you all for your support.

I completed my last C&P exam on Saturday, it was scheduled for 2 hours but the C&P doctor only kept me in the office for 19 minutes and then sent me on my way.  We will see what happens after all has been said and done.  Thank you all for your support.

As a quick update, I went to both of the C&Ps and while there I was scheduled for two more C&P exams for all of my previously service connected contentions.  I will keep you all updated as I continue to maneuver through this process. 

babycourt,
I hope you are fully successful with all your claims!  Sounds like they are really are working your claims hard.  They really need to treat all Veterans like each one is their only concern, every time.
Semper Fi.
Andyman

As a quick update, I went to both of the C&Ps and while there I was scheduled for two more C&P exams for all of my previously service connected contentions.  I will keep you all updated as I continue to maneuver through this process. 

Advice is to read the CFR, take time to research and do not take no for an answer...I wish there was something special that I can say I did, but I can't.  I just kept reading, researching throughout this process.
My initial claim started in 2005 with an increase in 2008.  Moving on to 2010, I submitted all of my medical documentation to support my claim including medical notes from the Orthopedic Surgeons regarding my knees and feet. 
In 2012, the VA denied every contention and kept my percentage for my foot stating that I missed an appointment for my C&P, I responded with a 4138 stating that I never received a phone call nor letter notifying me of the C&P so then they reopened the claim and scheduled a C&P for everything but my knees and feet and denied everything saying that nothing ties these contentions to my military service. 
I started poking around and ordered my C-File and went through every single document and pointing out every instance of sick call, emergency room visits and physical therapy notes.  I had my doctor complete a DBQ for my knees and feet including several other contentions.  The 2012 rating decision indicated that I could not receive compensation on certain contentions due to pyramiding and other contentions were lumped together into one rating and an additional rating for the foot was added.  So fast forward to 2013, I had a C&P and the examiner's confirmed every contention my personal orthopedic surgeon concerning my contentions with my knees and feet; my 2014 rating decision kept my feet the same with the addition of finally adding my knees. 
So fast forward to 2015, when I asked for an increase on these conditions along with several other Gulf War related contentions my claim was temporarily moved from my original VARO in St. Pete, FL to VARO in Roanoke, VA.  After my C&Ps my claim went to Lincoln, NE for ten days then came back to Roanoke, VA.  I am not sure what prompted the CUE but I am so happy that it occurred.  I received my retro pay, yesterday and every single contention awarded and denied in past claims have been reopened and now are all deferred.

I logged in a hour ago to check my upcoming C&P appointment times and lo and behold my claim had been partially awarded, I went from 70% to 90% with 8 contentions deferred.  What is even more surprising, but common is that the rater looked over all of my previous contentions with 4 of the service connected effective dates being changed in my favor dating back 5 years ago and 2 of my contentions that were denied previously being reopened and combined with the other 8 deferred contentions.  I know this battle is not over and as I posted in another thread I have to repeat the C&Ps I completed in August in the next couple of weeks.  I plan on showing up with my supporting documents in my hands even if the examiner does not want to look at them, I will be prepared.
I want to say thank you, thank you, thank you for all of your words of encouragement and advice.  Many of you might not know, but your thoughtfulness and support goes a long way.  Although, I have not finished my course I smell something as sweet as Krispy Kreme glazed doughnuts when the "HOT NOW" sign is on and that is a WIN!!
I do not post much but I continuously lurk and have tried to soak in as much as I can as well as bookmark the different threads and links provided.  I know when you start to name people you always seem to forget someone...so here goes, sincere thanks to Asknod, Berta, Vync, Broncovet, Andyman73, flores97, saints13, iceturkee, bluevet and the Pete's.  If I forgot someone please blame my mind not my heart.
To all those still waiting for something to happen with their claim, it may not be today or even tomorrow but you are next in line for your miracle!
May God continue to bless and keep you all in perfect peace!!!

I logged in a hour ago to check my upcoming C&P appointment times and lo and behold my claim had been partially awarded, I went from 70% to 90% with 8 contentions deferred.  What is even more surprising, but common is that the rater looked over all of my previous contentions with 4 of the service connected effective dates being changed in my favor dating back 5 years ago and 2 of my contentions that were denied previously being reopened and combined with the other 8 deferred contentions.  I know this battle is not over and as I posted in another thread I have to repeat the C&Ps I completed in August in the next couple of weeks.  I plan on showing up with my supporting documents in my hands even if the examiner does not want to look at them, I will be prepared.
I want to say thank you, thank you, thank you for all of your words of encouragement and advice.  Many of you might not know, but your thoughtfulness and support goes a long way.  Although, I have not finished my course I smell something as sweet as Krispy Kreme glazed doughnuts when the "HOT NOW" sign is on and that is a WIN!!
I do not post much but I continuously lurk and have tried to soak in as much as I can as well as bookmark the different threads and links provided.  I know when you start to name people you always seem to forget someone...so here goes, sincere thanks to Asknod, Berta, Vync, Broncovet, Andyman73, flores97, saints13, iceturkee, bluevet and the Pete's.  If I forgot someone please blame my mind not my heart.
To all those still waiting for something to happen with their claim, it may not be today or even tomorrow but you are next in line for your miracle!
May God continue to bless and keep you all in perfect peace!!!

Advice is to read the CFR, take time to research and do not take no for an answer...I wish there was something special that I can say I did, but I can't.  I just kept reading, researching throughout this process.
My initial claim started in 2005 with an increase in 2008.  Moving on to 2010, I submitted all of my medical documentation to support my claim including medical notes from the Orthopedic Surgeons regarding my knees and feet. 
In 2012, the VA denied every contention and kept my percentage for my foot stating that I missed an appointment for my C&P, I responded with a 4138 stating that I never received a phone call nor letter notifying me of the C&P so then they reopened the claim and scheduled a C&P for everything but my knees and feet and denied everything saying that nothing ties these contentions to my military service. 
I started poking around and ordered my C-File and went through every single document and pointing out every instance of sick call, emergency room visits and physical therapy notes.  I had my doctor complete a DBQ for my knees and feet including several other contentions.  The 2012 rating decision indicated that I could not receive compensation on certain contentions due to pyramiding and other contentions were lumped together into one rating and an additional rating for the foot was added.  So fast forward to 2013, I had a C&P and the examiner's confirmed every contention my personal orthopedic surgeon concerning my contentions with my knees and feet; my 2014 rating decision kept my feet the same with the addition of finally adding my knees. 
So fast forward to 2015, when I asked for an increase on these conditions along with several other Gulf War related contentions my claim was temporarily moved from my original VARO in St. Pete, FL to VARO in Roanoke, VA.  After my C&Ps my claim went to Lincoln, NE for ten days then came back to Roanoke, VA.  I am not sure what prompted the CUE but I am so happy that it occurred.  I received my retro pay, yesterday and every single contention awarded and denied in past claims have been reopened and now are all deferred.

I logged in a hour ago to check my upcoming C&P appointment times and lo and behold my claim had been partially awarded, I went from 70% to 90% with 8 contentions deferred.  What is even more surprising, but common is that the rater looked over all of my previous contentions with 4 of the service connected effective dates being changed in my favor dating back 5 years ago and 2 of my contentions that were denied previously being reopened and combined with the other 8 deferred contentions.  I know this battle is not over and as I posted in another thread I have to repeat the C&Ps I completed in August in the next couple of weeks.  I plan on showing up with my supporting documents in my hands even if the examiner does not want to look at them, I will be prepared.
I want to say thank you, thank you, thank you for all of your words of encouragement and advice.  Many of you might not know, but your thoughtfulness and support goes a long way.  Although, I have not finished my course I smell something as sweet as Krispy Kreme glazed doughnuts when the "HOT NOW" sign is on and that is a WIN!!
I do not post much but I continuously lurk and have tried to soak in as much as I can as well as bookmark the different threads and links provided.  I know when you start to name people you always seem to forget someone...so here goes, sincere thanks to Asknod, Berta, Vync, Broncovet, Andyman73, flores97, saints13, iceturkee, bluevet and the Pete's.  If I forgot someone please blame my mind not my heart.
To all those still waiting for something to happen with their claim, it may not be today or even tomorrow but you are next in line for your miracle!
May God continue to bless and keep you all in perfect peace!!!

I logged in a hour ago to check my upcoming C&P appointment times and lo and behold my claim had been partially awarded, I went from 70% to 90% with 8 contentions deferred.  What is even more surprising, but common is that the rater looked over all of my previous contentions with 4 of the service connected effective dates being changed in my favor dating back 5 years ago and 2 of my contentions that were denied previously being reopened and combined with the other 8 deferred contentions.  I know this battle is not over and as I posted in another thread I have to repeat the C&Ps I completed in August in the next couple of weeks.  I plan on showing up with my supporting documents in my hands even if the examiner does not want to look at them, I will be prepared.
I want to say thank you, thank you, thank you for all of your words of encouragement and advice.  Many of you might not know, but your thoughtfulness and support goes a long way.  Although, I have not finished my course I smell something as sweet as Krispy Kreme glazed doughnuts when the "HOT NOW" sign is on and that is a WIN!!
I do not post much but I continuously lurk and have tried to soak in as much as I can as well as bookmark the different threads and links provided.  I know when you start to name people you always seem to forget someone...so here goes, sincere thanks to Asknod, Berta, Vync, Broncovet, Andyman73, flores97, saints13, iceturkee, bluevet and the Pete's.  If I forgot someone please blame my mind not my heart.
To all those still waiting for something to happen with their claim, it may not be today or even tomorrow but you are next in line for your miracle!
May God continue to bless and keep you all in perfect peace!!!

I logged in a hour ago to check my upcoming C&P appointment times and lo and behold my claim had been partially awarded, I went from 70% to 90% with 8 contentions deferred.  What is even more surprising, but common is that the rater looked over all of my previous contentions with 4 of the service connected effective dates being changed in my favor dating back 5 years ago and 2 of my contentions that were denied previously being reopened and combined with the other 8 deferred contentions.  I know this battle is not over and as I posted in another thread I have to repeat the C&Ps I completed in August in the next couple of weeks.  I plan on showing up with my supporting documents in my hands even if the examiner does not want to look at them, I will be prepared.
I want to say thank you, thank you, thank you for all of your words of encouragement and advice.  Many of you might not know, but your thoughtfulness and support goes a long way.  Although, I have not finished my course I smell something as sweet as Krispy Kreme glazed doughnuts when the "HOT NOW" sign is on and that is a WIN!!
I do not post much but I continuously lurk and have tried to soak in as much as I can as well as bookmark the different threads and links provided.  I know when you start to name people you always seem to forget someone...so here goes, sincere thanks to Asknod, Berta, Vync, Broncovet, Andyman73, flores97, saints13, iceturkee, bluevet and the Pete's.  If I forgot someone please blame my mind not my heart.
To all those still waiting for something to happen with their claim, it may not be today or even tomorrow but you are next in line for your miracle!
May God continue to bless and keep you all in perfect peace!!!

The VARO is requesting another C&P to gather another opinion from another examiner. Bring every piece of information you can think of. Give it to the examiner, even if he does not want it. Tell them that the records he has may not include all the information that you have and also tell the examiner that you have previous exams, the examiner may get tired of it and concede in your favor as they did for me because I told them of the numerous exams and brought in all my information. He was surprised I had more information that what was given to him. The other exams was not even given to him either so he knew the raters were trying to deny. Keep the advise from all the experienced people as well but make sure to bring everything with you and be prepared!!! The appt may end up only being 10 to 15 mins long after reading all your previous exams and information that you have.
God Bless!!!!!
"With man it is impossible, but not with God. For all things are possible with God"

Amazing how the VA spends so much money to deny Vets what we deserve!

WOW...this is so much information..I may end up in overload..this will help give me something to do while I'm up tossing and turning, watching infomercials, watching Netflix and playing games on the iPad.
THANK YOU BUCK!!!

Saints..I checked my C&P notes and the ENT had to restate the opinion regarding my allergies where he stated:
"The condition claimed was at least as likely as not (50% or greater probability) incurred in or caused by the claimed in-service injury, event or illness. 
c. Rationale: Rhinologic symptoms characteristic of allergic sinusitis developed during military service but not as a specific exposure event in Southwest Asia."
I never claimed allergies under Gulf War, I claimed them as a contention with a sinus condition as secondary to the allergies.

Saints13...I am speechless as to what you have shared, the main thing going on in my head is "How could this sort of thing happen?"
I plan on attending the exams and even if they are rescheduled three or for times after the next exam I will attend those as all.  As veterans, we should never give up or give in and continue to fight especially for the things as right.
I always fall back to a saying that says.. "Right is right and has never wronged anybody!"
May God continue to bless you and your family.

I had a DRO Hearing one time because of a C&P Examiner, they said the exam could not be used for rating purposes , the examiner just ask me a few questions and then stuck his head in the computer for an hour while I just set there  very uncomfortable for me, anyway I went got a private IMO, The VA Examiner didn't make any sense in his report, the DRO believed my private Dr (specialist) IMO report as she followed the VA Guidelines and did everything correct, also the DRO ask me if I was willing to take another C&P exam at a different VA Facility..I said yes sir...then he said well that will not happen, were awarding  you your claim and gave me a thumbs up and expedited my claim that day.
usually you can til if your going to be denied if the Examiner says ''It's not me that makes the decision'' just so you understand that...9 x's out of ten  if an examiner tells a veteran that  you can expect a denial.
 
............Buck

Brilliant Broncovet....

I only would change the word 'obscure" to obvious and tell them right in the NOD ,the exact legal error they made, and how it was detrimental to you.

At some point in my CUEs on the 1998 decision I gave them an estimate to the tune of 60 thousand bucks, as to the detrimental monetary value of their error, I didnt get due to the CUE in 1998.

They did pay about a little over half of that in the 2012 award letter,due to the 1998 CUE, and I expect the rest of the money ,as the resolve of my pending CUE.

I finally checked it....100% P & T plus SMC (to include one wife, one child)for 16 additional months.

(I just realized something.....there might have been another error in that decision as well...
I never received any rating sheet....... and that is where most CUEs can be found....)