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Second Class Petty Officers
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Everything posted by nanaeris

  1. The last exams were quite a while ago. The VA would have my records from 2009-2017. The reason the BVA judge requested a new exam, was because the Waco regional office only asked the examiners to only evaluated weather Osgood schlatters disease would cause my foot problem. My knees are rated for traumatic osteoarthritis, chondomalaica, limitation of motion. I have had one major surgery and three arthroscopic surgery on my knees. I have sent these documents to the VA. What I am thinking, since they have these records the decision will be made without a C&P Exam. What I am trying to figure out if this is good or bad. Any insight would be very helpful. Thank you very much nanaeris.
  2. I got a letter from the VA yesterday stating they could not get some records from the VA in Los Angeles. They stated they had records from 1996-2009 and if I thought they had enough information to make a decision on my appeal. I got records dated after 2009 that I am going to send to the VA. My question is, the BVA judge stated in her remanded orders that I should have a C&P exam to determine if my bilateral feet disability is secondary to my service-connected bilateral knee disability. I have sent all my medical records stating exactly what my knees disabilities are. I have had 2 C&P exams in the past, but the Waco RO only asked the doctors wheatear Osgood Shaltters Disease caused my feet disabilities. I pointed out to the judge when I had my hearing that my knees were rated for Osteoarthritis, chondomalacia,, limitation of motion and etc., that is why she ordered the new C&P exam. On the letter from the VA, it states they will make a decision in 30 days with the medical evidence they have. What I am wondering is it correct to make a decision without the C&P exam that the judge ordered? Do anyone have an idea how these decisions without a C&P exam turn out? I don't know if I should demand the C&P exam or not. If this is denied and go back to the BVA, it like starting all over. Any advise will be highly appreciated. This has been going on since 2017 Thank everyone very much and keep up the fight!
  3. I called the VA 1-800 number and the lady stated my BVA remanded claim was e-mailed back to the reviewer for clarification. On the BVA remand, it stated I should have a bilateral knee C&P that includes all the things wrong with my knees. I had claim my feet disabilities as secondary to my service connected knee disabilities. The VA had sent me to two C&P exams and had instructed the C&P examiner to see if my Osgood Schlatters disease was causing my feet problems. My knees are service connected for Traumatic Osteoarthritis with limited extension along with Osgood Schaltters disease and chondamalacia. Am I reading this right that a decision is being made without a C&P exam? I did send information from my medical files which stated exactly what is wrong with my knees, which included X-rays, MRIs and doctor diagnosis. The two prior C&P exams did state the diagnosis for feet disabilities. Do any one think I am going to get a decision without a C&P exam? Thanks everybody, NaNaEris
  4. This is from the remand from my BVA decision. Am I reading this right? In the underline section, is the BVA stating the VA did not pay me the whole retro when they increase my bilateral knee disabilities from 20% to 30%? Left and right knee disabilities: The Board observes that the Veterans also perfected an appeal as to his service-connected left and right knee. The July 2008 rating decision continued the 20% rating assigned to each knee. The Veteran filed an October 2008 notice of disagreement and a statement of the case was issued in June 2009. The Veteran perfected his appeal in July 2009. Thereafter, a January 2012 rating decision granted 30 % rating for each knee, effective November 24, 2009. Although the RO stated that this decision represented a complete grant of benefits sought on appeal, the Board observes that higher evaluation are possible under the rating Criteria. . See 38 C. F. R. & 4.71a, DCs 5010-5261. In addition, the grant of the 30% rating does not cover the full period that was on appeal. On the part a higher evaluation are possible under rating criteria, is the board stating the VA should have rated my knee higher? What is the normal time for a RO to complete a remand?Thanks again everybody, nanaeris
  5. I just received a remand decision from BVA. It basically stated the Waco Regional office sent me to a C&P examination to determine if my bialateral service connection knee disability was causing my bialateral foot pain. The people in Waco only stated for the Doctor to evaluate whether osgood schlatter disease was causing my foot problem. In the 2008 C&P exam the doctor said no. I filed a NOD and they send me for a second exam in 2012 with the same critera. My bilateral knees are service connected for osgood schlatter disease, status post debridement degenerative joint disease and a history of chondromalacia. Even though I told them this in the NOD they still told the doctor to evaluate osgood schlatters only in the 2012 C&P exam. I had asked for a increase rating for my bilateral knee disability in 2008 which was denied. I filed a NOD and in 2012 was granted an increase from 20% to 30% per knee. The Board stated that a higher evaluation are possible under the rating criteria 38 C.F.R. & 4.71a, DCs 5010-5261. The Board also stated the grant of the 30% rating does not cover the full period that was on appeal. I like to know am I reading this correctly that the VA should have rated my knees at a higher percentage? Also the VA did not pay me for the full period that was on appeal. Is the Board finding binding on the Regional Office? I went to the National Insitute of Health web site and found a study called the the prevalence of foot pain and foot pain laterality in people with knee osteoarthritis, and its impact on health and function. Do you think this will help my claim of foot pain as secondary to service connect bilateral knee disability? Any input will be highly appreciated. Thank You, nanaeris
  6. Berta I did not have any permermant heart damage, It just took me quite a long time to recover. Like I thought, I should have been given 0% service connection but paid for the time I was in ill. I am service-connected for hearing loss at 0%. Is there a difference. If the VA hadn't taken such a long time to schedule me for a C&P exam after the myocarditis they would have probably would have came to a different conclusion. As for the osgood schlatter disease, as I pointed out, Not one decision I have received addressed the presumption of soundness or aggravation. But to say MEB boards have no provative value really got to me. AS soon as I get the denial letter I will scan them. Thanks again, nanaeris
  7. I got a call from VARO Waco telling me my CUE claim for acute myocarditis in the presumptive period was denied. Their reasoning was although I was hospitalized during the presumptive period which would have risen to 10%. When I had a C&P exam about 6 to 8 months latter, my heart was back to normal with no residual effects. I argued I should have been given 0% service-connection and paid for the time I was incapicated. My claim for an earlier effectived date for osgood schlatters disease was also denied. Although the rater in the initial decision stated he did not have enough information to make the decision whether my pre-existing osgood schlatters was permermant aggraviated by military service the two MEB reports are not binding on the VA when it come to making a decision. Although the VA C&P examiner stated I had residual or old osgood schlatters, it did not affect me. In all the decisions not one rater address the presumption of soundness or presumption of aggrivation. I asked the person on the phone what evidence was used when I was granted service-connection for osgood schlatters disease in 2001, naturally I got the run around. In suggestion on how to handle this. Thank you, nana
  8. I filed a CUE claim for myocarditis within the presumptive period and a claim for an earlier effective date for osgood schlatters disease on 11 Feb. 13. The claim was moving along find. I uploaded the 5103 waiver review through eBenefits on 9 July 13. The claims just disappeared. I could not get any information from the VARO Waco about my claim. They kept stating I did not have a claim. I did a congressional inquiry in September 13 and Waco responded they found my claim but called it a heart murmur. I responded that I did not have a claim for a heart murmur. I informed the congressman about the lie they wrote him. I learned my claims was cancelled on 12 September 13 without an explaination. The congressman did a second inquiry in November 13 and I haven't heard from his office. I was on the VBA facebook page and wrote about my cancelled claims in January 14. I was suprised when I got a response and the person actually looked into the situation and responded that my claim had been pulled and a manager had actually assigned someone to work the claim and I should be receiving a phone call from Waco to explain what is happening with my claim and to let him know when I receive the call. He stated he did not know if I would receive just information or a decision. I don't know if when I informed the congression about the lie and decption they responded to him or something else made the people in Waco do their job. When I was in southern california, I went through the same thing with the LA Regional Office and when they called they informed me my claim was approved. Have anyone else went through something like this and what to expect? NaNaEris
  9. After I did a congressional inquiry, that when I got the e-mail from the Service center manager stating they had found my claim and sent the congressman a letter stating I had a CUE claim for a heart murmur. I wrote them and stated the claim was for myocarditis and aggravation for osgood schlatters and if the claim had been located why it wasn't back on eBenefits. They told me because the document had to be sent off to be scanned into VBMS. Has anyone ever sent an e-mail to these Field Operations offices that are suppose to oversee these VARO and got a response back? This is getting to be a headache dealing with WACO. I have had 3 denials from them and won all by going to congress to get Waco to just look at the evidence. I am right back to my congressman and explain in details I need exact answers and not some broad and general statement about what is going on. I am not going to give up on this even if I have to drive the 800 miles to Waco from El Paso. It just amazie me what the VA is allowed to get away with even when dealing with congress. nanaeris.
  10. I filed a CUE claim for myocarditis in the presumptive period which was denied in 1976 and I also filed an earlier effective date claim for osgood schlatter disease permanment aggravitated by service, which was also denied in 1976. Carla helped me with the CUE claim and others on this site helped me with the earlier effectived date claim. In July I received a 5103 waiver review that I uploaded thru eBenefits. The claim then just disappeared. The only thing I got on eBenefits was open claim information was not available at this time. The person on the 1-800 number stated I did not have an open claim but an appeal. The Iris response stated I did not have a claim but an appeal. The person that responded from the Waco Regional stated my appeal was in VACOL database and my 5103 waiver and CUE claim was in their MAP-D database as evidence for the appeal. I contacted my congressman, and the VA wrote his and said they found my CUE claim for a heart murmur. I wrote them the CUE claim was for myocarditis. They still refuse to put my claim on eBenefits or make it available for the 1-800 people. I know these two claim would include a lot of retro pay, do you think this is the reason Waco is trying to jerk me around with this CUE for a heart murmur which I did have while in the military? I still do not know why they remove the claim from eBenefits and the 1-800 number. This claim is now a 270 days old. When I uploaded the 5103 I let the people at Waco know the myocarditis was well within the presumptive period and I sent 2 MEB reports which clearly stated my knees was permermant aggraviated by military service. Any thoughts or ideas on how to handle something like this. Thank you, nanaeris
  11. I had put in a CUE claim (myocarditis) and a earlier effective date claim (bilateral knee disability) 11 Feb. 2013. The claim had went through the review phase, gathering evidence phase. I got the 5103 waiver review in the mail and uploaded it through ebenefits. I sent a IRIS inquire to make sure the Waco, Tx regional received office received it. I got a response stating Waco had received it. All of a sudden ebenefits under claim status stated open claim status is not available at this time. After a few days, I called 1-800 number and the person stated I do not have a open claim but an appeal. I know about the appeal, but this has nothing to do with the CUE and the earlier effective date claim. I received a e-mail from Waco stating I did not have a open claim. After going back and forth the individual amitted they had received the 5103 waiver review. So I asked do they normanilly send 5103's for appeal. I did not get a answer. I asked about the 2 MED boards I sent in with the claim no answer. I asks what evidence he had for the appeal he stated the 5103 and a CUE claim. I asked who has the authority to delete claims from VBMS, no answer. I sent a copy of the claims I had submitted on 11 Feb. 2013, no reply. I figured the claims were ready to rate, and since the earlier effective date claim was back to 1974, and with help from this web sight, I think I had a pretty good claim. Can anyone tell me how to handle something like this, is this is something you complain to the IG to force Waco to respond. I have the two letters I received from Waco stating they were working these claim, I don't know if the information could be retrive from e-benefits, that is why I wanted to know who had the authority to delete information from these databases. If the information has not been deleted from the databases it would not be had to retrive it. I was thinking this was done because I had two good claims. I need to know who do I go to get answers, evidendily I am not going to get it from Waco. any advice would be helpful. Thanks everybody agin, nanaeris.
  12. I check my claim status again, my open claim is not in appeal. It just says open claim status is not available at this time. The 1-800 person made a mistake, the appeal is for somethink else. Why he could not see my open claim on his system is beyond me. Can someone why ebenefits states open claim status is not available. This has been the status since I uploaded the third party waiver review. In information would be helpful. Thank you, nanaeris
  13. I went to ebenefits to check the status of my claim after I uploaded 5103 waiver review. It stated open claim information was not available. About a week later, I checked again and it stated the same thing. I called the 1-800 number the person stated I did not have a open claim but an appeal. I filed the claim 11 February 2013, it had made it to the gathering evidence stage on 1 July 2013 when I uploaded the 5103 waiver review and after that it went straight to appeal without a decision. Is this correct or has the people at the Waco, TX regional office made another mistake and how do I correct this. The claims were a Earlier effective date, and CUE for a heart problem. I hope this does not stop the progress because the claims were moving fast. Any advice would be helpful. Thank you, nanaeris
  14. nanaeris

    [[Template core/front/global/prefix is throwing an error. This theme may be out of date. Run the support tool in the AdminCP to restore the default theme.]] Cue Back To 1974

    yes other evidence was in my SMR, patella tendonitis, chondromalacia, removing fluid from knee, twisting knee. I am rated now at 30% each knee for osgood schlatters disease, chondromalacia, and osteoarthritis. I did not know at the time that a torn meniscus repair got a seperate rating, I guess that why the DRO stated it did not happen in the military without a explaination. I injuried that knee, had swelling, had fluid removed and had a profile change. I think this would be enough to make this service connected. I am getting ready to have surgery on my other knee for the same thing. I think this has something to with the osteoarthritis which I am already service-connected for. On using 3.156c, do I just state I am requesting a earlier effective date, or do I need to go into detail why? No the VA did not rate me in 1974, just denied me. The Air Force had rated me at 20% on the two MEB boards. There is no mention of any of this or any other thing from my service medical records. The only thing the decision stated was my induction physical was normal and he/she did not have enough information to make a determination whether osgood schlatters disease was aggravated by military service. On the heart condition, there was no mention of the heart murmur discovered in military, the reported joint swelling, dizzinesses, all of this is in my service medical records.
  15. nanaeris

    [[Template core/front/global/prefix is throwing an error. This theme may be out of date. Run the support tool in the AdminCP to restore the default theme.]] Cue Back To 1974

    Berta, No my SMR were not listed as evidence. In my service medical records were 2 MEB reports stating my condition was permanment aggravated by military service. There were several Profile changes form my knees, several orthropedic reports. The only thing the VA mention was my induction physical was normal but the Air Force doctors stated I had a pre-existing condition. I was in the military 2 1/2 years before osgood schlatters disease was discovered. How the Air Force determined it was pre-existing I don't know. Because this condition usually affect people while they are still growing. From the time I entered the Air Force until the condition was discovered I had grown 2 inches. I was also treated for Chondromalacia, Patella Tendonitis, twisted knee, swollen knees, getting fluid drawan of knee. Before I was granted service connection I had to have a torn menicus repaired. On the decision the DRO stated the torn meniscus wasn't service-connected because my SMR did not show it happen in the military. The DRO made the decision without a medical opinion. The doctor that did the C&P exam stated all my knee disabilities was related to military service. Would this be something else to challenge. I did not know the VA let its people make that kind of decision without a medical opinion. Thanks everybody again. Nanaeris
  16. nanaeris

    [[Template core/front/global/prefix is throwing an error. This theme may be out of date. Run the support tool in the AdminCP to restore the default theme.]] Cue Back To 1974

    I went through my C-file on my original claim that was denied the RSVR stated evidence of record is insufficient to substantiate the claim of aggravation of veteran's pre-service knee condition. I am taking this to mean the VA did not have my service medical records. When I was finally granted service-connection in 2002, after a 3 year fight with the Los Angeles Regional Office. I am filling a CUE claim on the grounds that the VA did not have my records. This is the letter I am writing. Please everyone comment on this. I do not know if this is correct. 22 May 2012 TO: DEPARTMENT OF VETERANS AFFAIRS VA Regional Office One Veterans Plaza 701 Clay Avenue Waco, TX 76799 FROM: Eris w. Riley claim SUBJECT: Early Effective Date 1. Is it the policy of the Veteran Benefits Administration (VBA) Rating Veteran Service Representative (RVSR), Decision Review Officer (DRO), and Appeals Team Members to give Objective Opinions and not Subjective Opinions when rendering their decisions? 2. 19 September 1975 I filed a claim for Osgood Schlatters Disease and Myocarditis. 3. In the rating decision dated 30 April 1976 the RVSR stated the evidence of record is insufficient to substantiate the claim of aggravation of veteran’s pre-service knee condition. Veteran was hospitalized for myocarditis subsequent to service. Both claims were denied. 4. From the statement, underlined in #3, I contend my complete service medical records were not available when the RVSR made his/her decision. Also, when I was hospitalize for myocartitis it was within the presumptive period. My discharge date was 27 November 1974 and I was hospitalized 2 September 1975 which was well within the presumptive period. 5. In the 16 June 1999 decision the Regional Office in Los Angeles, CA again denied my claim for service-connected disability compensation but their was no mention of my service medical records. The only exception was the medical evidence for PTSD. I was never scheduled a C&P exam for PTSD. 6. The Rating decision dated 6 June 2001by a DRO stated although the C&P examiner stated my current bilateral knee disabilities were directly related to military service it does not outweigh opinions of treating indicated in his service medical records. I have yet to get a answer from the VA which treating physician or military medical facility the DRO was referring to. 7. After filing an appeal the Los Angles Regional Office still refused to give me answers even after I pulled the medical evidence from my C-file and took it to Regional Office in person. I had to contact the VA ombudsman, Congressional Liaison, and finally the VA Inspector General to get a objective opinion about my claim. 8. After a three year fight and getting the people in Washington DC involved I was granted disability. 9. I am claim CUE on the initial decision on the grounds the RSVR did not have my complete service medical records. He/she stated evidence of record was insufficient to make the determination my pre-existing condition was permanent aggravated by military service. I am inclosing two MEB which states otherwise (Knees). 10. On the claim of CUE, Title 38 clearly state Myocarditis is service-connected if it is within the presumptive period. I was discharged on 11 November 1974 I was hospitalized 2 September 1975 which would be in that period. 11. On the issue of the torn meniscus, the DRO clearly error when he/she failed to produce a treating facility or physician when he/she disagreed with the C&P examiner. I was treated for chondromalicia, patella tendonitis, and twisted knee, falling on my knee etc. any one of these condition could have caused a torn meniscus. 12. All I am asking for is a objective opinion which should be based on facts and the law. Please do not send me broad answers, but detail answers. I have a hard time understanding VA correspondence. 13. If there is anything I can do to get this matter resolve please advise. Eris W. Riley .
  17. Hello everyone, After 4.5 years I finally got a rate increase for my bilateral knee disability. Now I am confused about the retroactive pay. I filed the claim in 2007 and was denied. When I read what the doctor wrote I was shocked because he could not have reviewed my C-file. I chose a DRO denova review which was a joke and a waste of time because he/she could not have reviewed my C-file. When I wrote my NOD I went through my C-file my self and sent the information to the Waco Regional Office. From the documentation I sent in the RO scheduled me for a second C&P exam ( it took them about a year and half to schedule the exam). I had been rated under limitation of flexion which gave me a 20% rating. The second C&P the doctor rated me under limitation of extension which gave me a 30% rating. Now the RO is telling me that my retroactive pay should just go back to the date I took the second C&P exam because the first C&P exam results and the second C&P exam result where different. Is this correct. The first C&P doctor did not review my C-file because he did not include all of my knees disabilities and the second doctor did.
  18. My ebenefits claim status states Special Correspondence dated 1 Dec 2011 closed 1 Dec 2011, appeal possible, decision notification sent. I assume the Special Correspondence is the congressional inquiry I requested because the Waco, TX regional office refused to answer my question why the would use Diagnostic code 5260 when under Diagnostic code 5261 would give me a 30% rating. Why would it states a decision notification sent because it has been over a month and I haven't received anything and the 1800 number people are stating something else and the VBA people at the VA hospital don't see this information.
  19. ebenefit shows I had a c&p exam for hearing loss, but it does not show I had a c&p exam for major depression and bilateral knee disability. It also does not show that after I filed my NOD, I had two more c&p exams. Is this information just left out? Under appeal which It states no informaition. this appeal was filed 2008 and has no movement since then. So ebenefit is just what the VA decides to put on it. The VBA personnel at the VA hospital told me they have nothing to do with ebenefit. Naturally I could only get limited information from them and the IRIS system gives only limited information and the 1800 number is hit and miss. So my question is how do actually find out the status of anything if all the communication systems are only giving out limited information. Under the appeal tab on my prior appeals it give the status, the date of NOD, and although the appeal was resolved at the regional office at least I knew where I stood. This last appeal has been ongoing since 2008 and I can't seem to get but limited information on the status. Also do ebenefit suppose to show that I have been asking for a DRO regional office hearing since 2009 without any success. The VBA personnel at the hospital states they can not see a hearing request, like I said the 1800 number is hit and miss and the IRIS response is only going to give you limited and evasie information. So is ebenefit any different if it only going to give the same limited information?
  20. When I read my got my SOC and looked at what the RVSR wrote I was shocked, I requested a DRO de nova, I was shocked even more, so when I did my NOD I sent all the information out of my SMR with the NOD. The VARO scheduled me for 2 more C&P exam for the same thing. the Doctors this time had my complete C-file and came up with different conclusion. I was granted service connection for Major Depression but still denied an increase for bilateral knee disability. On the SSOC they denied me an increase under limitation of flexion (DC 5260) but did not say anything about limitation of extension (DC 5261) which would have given me a 30% rating. I wrote the Waco RO and pointed this out to them and informed that according to VBA policy the SSOC is incomplete. The refused to answer any of my inquiries. I have been asking for a RO hearing since 2010 with no response. I requested a BVA hearing with my NOD this was back in 2009. My claim folder is just there with no movement. I wrote my congressman in November 2011 and he got a response that they would look into the matter. I called his office and his rep. informed me he has not heard from Waco RO yet. Does it usually takes this long for a regional office to respond to a congressional inquiry? I was hoping to just get a BVA hearing to get this matter resolved. This has been going on since 2007 and 1800 number and ebenefit is just a waste of time and resources. How the VBA get away with giving veterans limited, incomplete, and false information is beyond me. If I don't hear from the congressman in two weeks, I think I will contact the two senator down hear in Texas. I thought Congressman Reyes would have had some pull since he on the house Veterans committee. Any thoughts. nanaeris
  21. Can you give me some advice on how to write this up because the DAV has been no help with my claim for a increase for my knees disability. I think this is why this has taken so long. When I was in California, the DVA did a great job, but here in Texas I have had to do everything myself. Do you think I should go to another VSO to accoumplish these two situation? Can you reccomment one. nanaeris
  22. I have a congressional inquiry because the Waco Regional Office refuse to give me a answer why they used DC 5260 instead of DC5261. This has been going on for two and a half years with no movement to the BVA. This has been a long and unnecessary journey. I was going over some of the denied decision in the past and looked at my initial denial 1976. It stated I was hospititalized for myocarditis subsequent ot service but it did not state myocarditis is a presumptive illness if within the presumptive period. I got out of the service 27 November 1974 and I was hospititalize 2 September 1975 which would have been in the presumptive period. Can this be a CUE claim for the two months I was disabled? On the same claim the Rating specialist stated evidence of record is insufficient to substantiate the claim of aggravation of veteran's pre-service knee condition. I reopen my claim for knee disability in 1999 and after a two year fight and calls to Washington DC I was granted service-connection for my bilateral knee disabilities. The information in my SMR clearly stated my knees was permantantly disabled by military service. I had three MEBs which stated so. My question is this a CUE claim because the VA denied me because they did not have my service medical record. nanaeris
  23. Today I looked in ebenefit for a updade on my claim. It stated under claim status the appeal I started in 2009 had a decision and a notification letter has been sent. My Congressman did an inquiry last month about issues I had with the Waco, Tx Regional office about the denial of my claim for an increase for knees disability because they refused to answer my questions about range of motion and the doctor opinion. Like everything else with the VA, ebenefit only give out limited information. The VA did not put any dates on when this notification was sent out. My ebenefit account had not been updated since 2008 until this month after the congressional inquiry. My question is since this was an appeal, do it means the benefits sought has been granted or what? I have no way of knowing when the notification letter was sent or if this another way just by time because of the congressional inquiry. Any suggestion, comments or thoughts. nanaeris
  24. Hello everyone, I contacted my congressman last month because the Waco Tx, Regional Office refused to answer my question why the used dc 5260, limitation of flexion, to rate my bilateral knee condition when the doctors clearly stated under diagnostic code 5261, limitation of extension, extension was limited to 20 degrees which would give me a 30 percent rating for each knee. I looked in ebenefits today, it stated my claim was in administrative review and to not contact the 1800 number until I get a decision in the mail. My ebenefit account has not been updated since 2008 when I filed an appeal. I have been waiting all this time for a bva hearing, I even asked for a Regional Office hearing last year and have not gotten one. My question is since they stated on ebenefit not to call the 1800 number until I get the decision in the mail. I should be getting a decision soon. I cannot see how this can be denied since the doctor clearly stated limition of extension is limited to 20 degrees. Any thoughts about what I should be expecting. I know the VA can come up with some off the wall explaination, but I think I am ready for anything when dealing with the VA. I know many people on this site are going through the same thing so hang in their. Nanaeris.
  25. When I filed my NOD, I went through my C-file and pulled all the necessary records that the DRO de nova review missed and sent it with my NOD. When I completed the initial C&P exams the doctors did not not have my complete C-file to review. When I sent the records I pulled from the C-file the VA scheduled me for a second round of C&P exams. This time the doctors reviewed my c-file and came up with different conclussion. I was granted 30% for major depression but when it came to a increase for my knee disability that was denied in the SSOC. What the VA did in evaluating my knee disabilit on the SSOC is stating limitation of flexion and stopped which gave me the same 20% rating. They did not discuss limitation of extension which would have gave me a 30% rating as stated on the range of motion by the C&P examiner. For the last year and a half, I have been trying to get the people at the Waco regional office to acknowledge this. They refused to answer any of my inquiries. I even e-mailed the SCM with no response. The DAV has been no help in this matter at all. When I did the NOD, I completed the form 9 and asked for a travel board hearing. I pointed out to the VA that the second C&P exam was considered new evidence and should have been addressed on the SSOC. I pointed out that my response to the SSOC deserved to be answer. All they tell me on the IRIS or over the telephone that I will be scheduled for a travel board hearing. I have requested a regional office hearing over the last year with no response. I was told by the VBA at the hospital here that my claim was being certified to be transfered to the BVA. Now all of a sudden I get a letter asking me if I would like a Regional Office hearing. Does this makes any since, since I have been asking for a hearing for the last year? Is this some kind of tactic to get something on paper to state I just requested this regional office hearing? This claim has been going on for four years, so I was going to take all the information to my congressman and have him look into the matter because I do not know how long it will take to get a hearing at the regional office or for a travel board hearing. I sent the form 9 in over two years ago. If I travel to the regional office in Waco will someone answer my question because it is a 8 hour drive from where I live in Texas. Should I except the hearing or just wait for the travel board? I need to get this done because am going to file for a eariler effective date or a CUE claim back to 1976 and I am told I can't do this until I get this matter setteled. Any advice would be greatly appreciated. NaNaEris
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