USMCNEVERFORGET

Was it done at VA hospital or a third party??? Third party C&P exams are tricky time frames. VA hospital exams are done the next day from my experience. I had one done at VA hospital following week had a decision. Third party did one of mine and took three weeks. Another third party din one and it took two days. Just my experience.

Hello and don't give up. Did you request a higher level review with a phone call??? Supplemental evidence gets looked over and goes back to the same rater most of the time. They see your name and if it's not something that's going to sway them or even a little bit in your favor it's going to get denied. I had same thing happen to me two more pieces of evidence submitted with my supplemental and they didn't write it down in the denial letter. A week apart. Just out of curiosity did the denial letter say " evidence submitted isn't relevant" . Also check your decision letter and go over all the documents they used to determine the outcome. HLR is available but no more evidence can be submitted. ALL THE EVIDENCE IS IN and you want a new rater (different set of eyes) usually a senior person to look at the claim and make a new decision. Usually 5-6 months for them to even look at the higher level review might be more due to the pandemic.

Today it shows OCT 29th VA received your information. Two weeks later??? Movement is good. I always use a VSO for all claims so I haven't had any issues with VA getting my records in the past. Just a duplicate request this time. That's reason for question. The claim actually moved at warp speed this time as opposed to past claims. Past claims had C&P exam then within a week or two had a decision. Had a C&P exam on a Monday once and on Friday had decision. Fast. I can say the process has been faster in past 5 years than prior years. Thanks for responding. I usually check up on a Monday and Friday. I like surprises.

Thanks I already did the resubmittal. Moving on as you said. Some VA claims are on spot then others are a cluster. Nothing ever is consistent with the VA except you know it's going to go bad at some point. Sorry to say...

Submitted a claim for I/U had three C&P exams back in the beginning of September and now waiting (as usual). Each week the VA keeps requesting more forms from me via VA.GOV and ebenefits , 4192, 4142 and 4142a, medical records from providers dates and addresses. I submitted all these requesting documents when I submitted the FDC claim (over 100 pages) The VA has all the same documents . VSO even questioned the requests. Question I have is why request the information that I already submitted and filled out properly and they have copies??? Will they see after I submitted duplicated documents it's creating a cluster of papers??? I haven't called Peggy in awhile but they read a script and they cannot answer requests when you call these days. I'm in no hurry as usual and very patient when submitting claims and appeals.

Thank you Berta for responding. Yes I do have a letter from the HLR but in the decision part reads they have identified an error and will correct it. DTA was found and VA will take steps to correct it. The caller kept saying a DTA was found and pointed out the evidence I pointed out earlier. A doctors exam and an incident report wasn't included in the decision or denials. I pointed them out to them that they missed this evidence in a Supplemental claim and they still denied me. From the dates of the exams and incident report given to the VA intake center for the evidence it overlapped the dates. On September 28th a doctors exam was submitted along with an incident report, the VES C&P exam was on Oct 1 the denial was decided on Oct 4. If the VES subcontractor VA exam doctor was given the evidence in my claim folder which should have been looked at the first time, then why didn't the examiner include these things in the medical opinion? I hope I answered you questions. Thank you.

The contractor(VES) said today the VA requested same doctor and that is the way it is right now. I called VA and they gave me a different answer saying VA didn't do this to my claim. WOW. I'm just going to wait and see because VES already knows about my not wanting the same doctor and want another one before the VES IMO is submitted to the VA. Hope this doesn't get personal like others have said on posts. I have no problem if VES gives it to same doctor just as long as the doctor writes the facts and no be biased towards veterans. Years ago when all VA C&P exams were done at VA hospitals a doctor giving me the exam at the very end of the exam said after discussions about service connections or not, what is flexible on knees and arms. Turned to me and said " I'M THE JUDGE AND JURY ALL IN ONE HERE" I always remembered that and that is why I'm concerned about the same doctor again doing the exam.

Here is my question: Has anyone had a C&P exam, doctor writes an unfavorable opinion about your condition and you get denied service connection. Next you turn in a supplemental claim they deny that new evidence. Next you go to a higher level of review and VA finds error and then sends you a letter telling you this occurred during the claim process. Now today VES the third party contractor for VA currently doing C&P exams with their pool of doctors. Low and behold the same doctor who wrote me a negative opinion last time is scheduled to a new exam. I'm really feeling uneasy about seeing the doctor again for a few reasons. First he was very abrasive with words with me and asked questions in a negative way. Lastly he wrote a bad opinion and I'm very disappointing feelings towards him right now. Finally I called VES to question the same doctor and VES said it is always the VES policy to have the Veteran go back to the same doctor. Now I cannot understand this right now. If you go to court and lose then you appeal you don't get the same judge again who ruled against you in the first case. Why am I getting the same doctor again? Does this sound right or is it just me???

I waited this long and seems like a never ending saga for the claims process these days. If they found an error why can't they just correct it and move on to the next claim? That's what I thought the HLR was suppose to be. I don't mind another C&P exam because nothing changes on the evidence they already have in the claim folder. I can say this about the process so far that if you haven't put many claims in over the years then when you do it becomes frustrating.

I just received a letter from the decision review operation center. What does it really mean? Service connected or not? Decision: A duty to assist error has been identified during the Higher Level Review for sleep apnea. Reasons for Decision: The issue of sleep apnea was returned for correction of a duty to assist error in the prior decision. We failed to get an examinations and or medical opinions. We will develop for new medical opinions. The claimed primary disabilities are service connected disabilities. The evidence shows that a qualifying event injury or disease had its onset during your service.

I called the VA today and person told me VA made a decision yesterday and will be mailing a decision to you soon. VA.gov is unchanged and so is Ebenefits. Higher level review is different from other appeals person told me.

That surely explains the options leading up to the call. Now the call is over and now I have to wait it out.

Your right on "channel my claim" I wish I knew what the person meant. The person was at RO in Minnesota and gave me a number to call in St Petersburg FL the day before in a message to schedule the call because I missed the call the first day. The very next day the call came in from Minnesota again, I answered and we went over my HLR call. Just to give everyone a heads up write down what you want to say and make sure to point out the reason for upgrade or service connection. By now we should all have these things memorized but good to have notes. If they have to schedule a new C&P exam does the claim go back to the original RO where the claim originated??? Will the original RO will be making a new decision based solely on a new C&P exam??? Does the HLR person have the final say after the exam if they schedule one???

I just had my phone call from HLR person last week (not the same office who did the denial) . I'm seeking service connection for sleep apnea as a secondary condition. I have everything documented EVERYTHING I mean EVERYTHING. My question is about the phone call experience. I was suppose to have it with my representative present but this wasn't the case due to DAV office being in-operational. So I had it and was asked for the reason of my seeking service connection. I explained my side and the person conducting the call agreed and also pointed out evidence that was over looked and not written in the denials. My question is about what was said afterwards. "I'm going to channel this claim to the right place and you may or may not have someone call you or need another exam not sure how they are doing things now, during places being closed up." Does this mean they made a mistake and need to correct it? Does this mean another C&P exam for sleep apnea? Has anyone ever experienced the HLR phone call with the caller saying what was said to me? What does this mean to you??? Below is what transpired since July 2018. Filed fully developed claim July 9, 2018 Had C&P exam October 1,2019 Denial October 7,2019 NOD/Supplemental Claim filed on October 25,2019 with more evidence. More evidence filed on October 26,2019. Denial November 6,2019 Higher Level Review (requested informal call ) Submitted November 15,2019 HLR call June 4,2020