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lawrencebe

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About lawrencebe

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    E-3 Seaman
  1. Update: My IRIS inquiry came back yesterday and the VA was going to close out my reopened claim from last year. Apparently they wanted me to refile my 516EZ and run through the whole process because of this “appeal” that is still pending. Luckily the rep I spoke and agreed that if there was a pending appeal then I shouldn’t have received a letter in May stating that I can no longer appeal AND I shouldn’t have been scheduled C&P exams last year. She was very understand and unresolved my IRIS inquiry, sent it back, and wrote a great response in detail demanding they give a decision on my reopened claim from last year. We shall see how all of that goes but I want to thank all of you especially @broncovet and @Berta for your words of encouragement and guidance! I’ll keep you guys posted!
  2. You know and that’s what I’m thinking at this point too. It’s all very confusing as I got a letter in May about the 2nd NOD being denied due to being filed outside of the 1 year timeframe to appeal a decision. (Photo Attached). Im concerned about the appointments I missed causing an issue as well but the nexus statement, (the one about is it service connected or 50% right?), was checked off yes as well. My thing is I can’t tell at the moment where any NOD or appeal is in place, VBMS doesn’t show it, my ebennies and vets.gov don’t show it, nor can anyone at the VA see this “appeal”. I’ve called WH VA and theyre putting in an inquiry along with the VA to see what is going on so hopefully I will have some answers soon. Thanksngiys for all of your help thus far!
  3. Yes prior to me completing my exams there was absolutely no record of an appeal on Vets.gov, Ebennies, and nothing on the BVA website. My VSO back in April 2018 could see where an NOD was sent in but could not see in VBMS where the VA ever sent anything to me in regards to that NOD or even acknowledged receipt of the NOD back in 2013. I called the WH VA # and the VA # too and all I pretty much got was case #s to follow up on in a few weeks. Seems like no one has answers, besides wait a few weeks, and that is unacceptable to me. It’s absolutely ridiculous that after 5 years of silence and AFTER me going to exams, which seem to have gone favorable for me, this NOD from 2013 pops up halting everything with not a single person who can verfiy it’s existence besides what’s written on a letter. I’m not trying to say this is some grand conspiracy, because in actuality this is a good thing, and I understand things slip through the cracks but that’s an awful lot of slipping. So the next step will be me going to the Regional Office and seeing what they say because this is a dilemma and one that’s turning into a circus.
  4. Update: Just left my VSO and the VA did find the NOD that was filed in back in 2013. Here is a copy of the letter that was sent.He was able to see where my C&P exams were also in my favor with a lot of stuff being checked off as yes. Now it’s just time to wait and see who this has been referred to.
  5. Just got off the phone from calling the 800 number. My reopened April 2018 claim was closed on December 31 due a prior appeal “pending in the system”. I had the rep look for that “appeal” and just as I thought and my VSO confirmed back in April 2018 there is no record of me filing any appeal over the last 6 years. Nothing other than the NOD from 2018 that was denied for obvious reasons. The rep on the phone submitted a request to “investigate” what is going on as she thinks it’s a “system error”. We shall see what this “inquiry” turns up but at this point it’s more of the same—delay and wait. I’ll keep you guys updated and post that letter once I get it and the results of the inquiry. Thanks for the input! Edit: Also checked the BVA website to see if there is anything over there and oh course—nada.
  6. Posted in a different forum but I’ll bring this here as it’s more appropriate. Back in August of 2013 my VSO sent in a NOD (which was within a year of my denial which I received in February 2013). This NOD was done because I was unable to get the VA to reschedule my C&P Exams in 2012 after requesting several times and subsequently all my claims were deemed “Not Service Connected. Not Enough Evidence”. After 4+ years with no word from the VA I went back to my VSO in April 2018 and he refiled a NOD, with the original one attached, and I received a denial in May 2018 saying my NOD was outside of the year time frame. My VSO also refiled for a new claim at the same time as the 2nd NOD in April 2018 because he was unable to see in VBMS anything regarding my an NOD, if an SOC was sent, or any DRO status. My original claim at the time was closed and nothing else seemed as if there could be done. The new claim was accepted in April 2018, I sent in my packet in October 2018, and I began going to all my QTC appointments with my last being in the beginning of December. All seemed well but my new claim is gone and after speaking to the VA over the phone it now seems as if my new claim was denied due to my original September 2012 claim still in the appeal process from August 2013. A letter from the VA which will be sent tomorrow Jan 2, 2019 is stating in summary that I cannot refile a new claim with the same items that are still being appealed which is blowing my mind. So at this point I’m trying to see if I (my VSO) should send in another NOD, send in an I9 or do something else to figure out what is going on. 4+ years of not knowing what is going on is enough and somehow I need to fight I just don’t know where to begin. Thanks for all the help and advice in advance!
  7. Thanks for your detailed response @broncovet! After looking over my paper work I can see where my VSO back in August 2013 filed an NOD and requested a DRO review after my original decision (denial) came in February 2013. I’m assuming that’s what is holding all of this up. The interesting part about all of this is I never heard anything back from tha VA after the first NOD but the second NOD in April 2018 triggered a denial response that I received in May 2018. Obviously filing a NOD year outside of the 1 year time frame of my original decision would do that but at that point I’d assume I would’ve been told I already had an appeal in place—he also attached the original NOD to the 2nd NOD and I was still denied. Even my VSO couldn’t see where the VA ever sent anything to me after the first NOD was sent in August 2013. I never received a SOC for the 2013 NOD, hell I never received confirmation of the VA getting my original NOD. So my VSO filed for a new claim, just in case my original was closed as it seemed it was at the same time as the 2nd NOD in April 2018. Now all of a sudden I cannot refile for things that are in appeal but there is no record of the VA telling me about this appeal over the last 5+ years. I know I’m getting screwed but at this point I can’t tell where the screw is coming from to at least fight back. Mind blowing but I’ll chdck back with my VSO tomorrow and see what they say and update some more then.
  8. So do my recent QTC appointments go towards anything? Do I need to file something else to expedite the appeals? Or am I just in a waiting game for this appeal process? Because according to ebenefits I don’t have any historical appeals.
  9. Back in October 2012 when I separated I filed my original claim and was fully denied (missed appointments). Before the denial I tried to reschedule but was given the run around and pretty much was at a loss. In August of 2013 I filed, with help from my local VA office, for an appeal and for over 5 years I heard nothing from the VA. In early 2018 my VSO filed for another appeal because it seemed as if the VA never got my original appeal and was denied due to it being outside of the “one year time frame”. In April this year my VSO filed an NOD stating, with evidence, I filed an appeal within the year time frame and was susquently denied again and my original claim in 2012 was “closed”. So in April 2018 I refiled and my claim was “reopened”, and in October I restarted this process and made it to all of my QTC appointments. My claim made it all the way to “Pending Decision” and had a estimated completion of 1/14/2019-2/7/2019 and all seemed well! Today the hammer dropped... I went on ebenifits to do my weekly claim status check and my claim was gone. I called the VA and was told I will be getting a letter soon stating “my claim was being forwarded to the appropriate reviewers because I cannot claim disablities that are in an appeal”. At this point I am just trying to see what is my next step in this process because it appears as though I’m in gridlock/checkmate with the VA. Any help or advice would be great!
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