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az arr

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About az arr

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    E-3 Seaman

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  1. In March BVA issued remand directing RO to have a C&P exam. What is the time frame for a C&P exam? Will date/time/place be on ebenifits (if so where?)? TIA
  2. Ok, I have read the boards and try to keep track. I filed a Form 9 appeal in October 2017. Once a month, I log onto vets.gov to see where I am in line. March 1, there were over 115,000 appeals in front of me. I assumed it would be a few more years. Then all of a sudden in today's mail, I received a package from the BVA remanding and ordering the local office (Phoenix) to give a C&P exam and explain a few things (first time, no C&P ordered). Why did the board bump me to the top of the list when I have no special circumstances? Or did they bump me to the top of the list and this is just normal? Thank you.
  3. I requested a set percentage on my NOD (I now know in the future to say "the maximum amount authorized"). When my NOD is decided granting the % I "requested" will an SOC be issued? I will attempt to explain: Shoulder injury. The ranges of shoulder disabilities are 10-90% (however, as no amputation or other conditions, the maximum is probably 50%). I wrote on my NOD that I think I am entitled to 30%. When the DRO makes a ruling, if she grants 30%, will she also issue a SOC?- or if I want to contest 30% and ask for 50% will I have to a.) file another NOD, or b.) ask them to prepare a SOC? Does an SOC get issued no matter what if the maximum per schedule is not awarded, or only if the maximum I request is not awarded? Thanks in advance.
  4. Thank you, I filed an appeal (DRO review) and for some reason that link appears it also says "(reopen)" next to my disabilities claimed (see below - cut and pasted from my ebenny page). I didn't think this link should appear on a DRO review. Again, thank you for your time. Submitted: 01/18/2017 (Appeal) Estimated Completion: At this time, your Regional Office is unable to provide an estimated completion date for this type of claim. Disabilities Claimed: right shoulder (Reopen)
  5. There is a link on Ebenefits that says "Ask the VA to Decide your Claim Now." Why is that there? Does it do anything for a DRO review? What happens if I click it or don't click it? Thanks in advance
  6. Thank you for responding. To answer your question as to my request for a C&P - here is the quote from my NOD "Prior to denying the claim, the VA should send the claimant to a C&P exam." That was the last sentence in the request for relief. It is somewhat concerning to me as the medical evidence I provided was not on a DBQ and was from a doctor of physical therapy (not an MD or DO). The doctor tested my ROM, but the VA's regs say the instrument MUST be used: he did not use the instrument (however, good medical professionals can "eyeball" it as well as an instrument can measure). For all I know, the VA might reject it on no service connection (which the C&P will not fix). I don't know how or why the VA would deny on that bases (except I have been out of the Navy for over 20 years). Who knows, I will have to wait and see, it has been PFD for 4 weeks today. Again, thank you for your time and for the references.
  7. Thank you both for responding. To answer your questions: a.) Why DRO review vs. DRO hearing? Good question, until I saw your post, I did not know there was a difference. I thought, maybe wrongfully so, if the reviewer had any questions, he or she would have called or written. Also, my initial claim was denied (properly so) because, I did not demonstrate chronicity (sp). But see b.) below. b.) Did I submit N&M evidence for the DRO review? Yes, I provided an affidavit re: shoulder issues since my discharge; and I presented an objective report from a medical professional listing limitations of my shoulder. To expand, why did not I include the statement and medical report in my initial claim? I filed the claim and thought the VA would order a C&P exam, at which time I would present the evidence to the examiner. The VA did not order an exam, and the claim was denied (rightfully so). I appealed providing N&M evidence and asking for a C&P exam. I requested a number for disability; however, upon reading my medical report and discussing with my doctor again, he thought I should have sought the higher number based on his findings and report. So, am I limited to the number requested (based on ROM) or can the rater give a higher number based on the medical report? It should be noted, that the C&P exam by the VA has not been ordered and ebenefits shows (I know, don't trust ebenefits) that the claim is now in PFD slightly more than 5 months after filing the NOD. As an aside, I did not appoint a VSO (again, did not know about this option until reading this board). Again, thank you for taking the time to read and respond.
  8. I filed an appeal (NOD) requesting a DRO review. One of the questions on the NOD asks "Percentage (%) evaluation sought, if known." If I list a number, am I bound to that number, or can the rater give more (I evaluated myself on ROM% ignoring other factors discussed)? Do I file an "amendment" to my claim requesting more, or if the rater gives me the percentage that I requested, should I file a subsequent appeal asking the number to be adjusted (retroactive?) based on the higher percentage?
  9. I have read many posts that persons call "Peggy" for status updates, does "Peggy" give any additional information that cannot be found of ebenefits, or does "Peggy" just open ebenefits page and read what is on there? For example if a claim is sitting in PFD, will Peggy be able to give a reasonable estimate as to when the claim will move, or will Peggy just read from a script listing wait times? Also, is Peggy automated, or do we talk to a live person? TIA.
  10. Thank you for your interest, unfortunately, I cannot upload images (maybe because my account is new). The denial of my initial claim states: There is a record of in service treatment "but the evidence does not show chronic disability during service nor after active duty.Therefore service connection is denied." The evidence listed my Navy medical records, DD214, my initial claim. === My appeal/DRO included results of an objective doctor's exam (testing ROM and strength of shoulder). And an explanation by me as to limitations since my shoulder surgery at Bethesda in the 90s. I think I provided enough evidence to demonstrate chonicity (however, I did wait 20 years to file - and the VA might be taking the position that I am just an old fart now and things break down as we age). Again, thank you for your interest.
  11. In July 2016, I filed for a disability claim. I have been out for over 20 years, it was not until I was refinancing my home last summer that I was told that I could still apply for disability compensation for my shoulder. So I waited over 20 years to make a claim. My military medical records show that I had a major shoulder surgery while on active duty. In October 2016, my claim was denied based on no service condition and not chronic. Prior to the denial, I was never offered an C&P exam. I timely appealed in January 2017. My appeal included a medical record to demonstrate the current disability and I requested a C&P exam. Today (June 2017 - about five months since my appeal was filed), ebenefits states that the status of my claim is "preparing for a decision." I know, that means I should get something in the mail soon enough, but the curiosity in me wants to know sooner versus later. Based on everything I have read on the boards, five months is too quick for any decision to be made by the VA appeals/DRO. (If it matters, I am in Phoenix). My question is a procedural question: If a C&P is ordered, would it be preparing for a decision before the actual exam? Does preparing for a decision automatically mean that the DRO/Appeal has been denied? Or does preparing for a decision reflect that a C&P is ordered? Follow up: If a C&P is ordered, does it stay in DRO or go back to regular claims track (which are supposed to be quicker?). Finally, how long after preparing for decision should I receive some notice from the VA? Can I call the VA and will they tell me what the status is?
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