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jessie0054

Question

Help!!

Son just got off the phone with the folks on the 1-800 line.

They are telling him that because he summited new material with his letter of reconsideration it is now a re-opened claim.

When we sent the Letter of Reconsideration on the rating decision i sent copies of material that was already in the file and highlighted the areas i wanted them to pay attention too along with a article of the Blood Journal that gives the guidelines for the treatment of his diease to get them to understand that when his Blood HCT levels are above 45 he is to have a phlebotomy. [ he had been denied a phlebotomies by the VA because they said his HCT wasn't high at 52 and was within their norm.]

They now want to schedule another C&P exam!!! What's the point!! All the evidence is in the file and just needs to be given the correct rate for the condition!!!

His SO is out of his office and will be out for a long period of time due to his own health.

So what do we do to get this thing moving again???

Anyone!!

Thanks

Jessie

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Jesse, what stage is the claim, Was it denied at first. If so are you in the 1 year period after the denial?

Hello jbasser

And thank you for your reply.

His claim according to his SO 3 -4 weeks ago was surposed to have gone to the rating board to see that it was ready to rate.!!

They[ the raters] were trying to determine at that time if he needed another C&P.

The SO pulled his file and took it to the raters and told them that another C&P was not needed as he has all the evidence in the file to show that he has the condition and is receiving phlobotomies and that another C&P was a waste of time.

The SO reported to me that if the rating Spec agreed then he would have it rated. [ that was then]

No: it wasn't a denied claim he was service connected for the condition [ in April 07] but was given a 0% rate and he should have been given a 40% rate because he is receiving phlebotomies now every 3 weeks.

He received the rating decision on this claim in April 07 and we ask for the reconsideration in May 07.

So now what do we do!!!

Jessie

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Hello jbasser

And thank you for your reply.

His claim according to his SO 3 -4 weeks ago was surposed to have gone to the rating board to see that it was ready to rate.!!

They[ the raters] were trying to determine at that time if he needed another C&P.

The SO pulled his file and took it to the raters and told them that another C&P was not needed as he has all the evidence in the file to show that he has the condition and is receiving phlobotomies and that another C&P was a waste of time.

The SO reported to me that if the rating Spec agreed then he would have it rated. [ that was then]

No: it wasn't a denied claim he was service connected for the condition [ in April 07] but was given a 0% rate and he should have been given a 40% rate because he is receiving phlebotomies now every 3 weeks.

He received the rating decision on this claim in April 07 and we ask for the reconsideration in May 07.

So now what do we do!!!

Jessie

jbasser I forgot to add that the claim was filed in Feb 06 it that make a difference.

Jessie

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jessie, your son doesn't need to do anything. if he is confident that the board has all the evidence it needs to increase his evaluation, he can simply not report for the exam, and the claim will be rated on the evidence of record.

at this point the claim is considered a reopened claim for processing purposes, just a category that the regional office can keep track of. if the additional evidence has been submitted within the one year appellate period, that will be taken into account when the effective date is determined.

as for your SO telling you he "pulled the claim" and took it to the rater to show him it was ready to rate... highly unusual. but if your son wants to find out if the claim is considered ready to rate, the folks at the 800 number can tell him.

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I agree with entropent in part and disagree in part. I agree that he doesnt need to do anything now, but I am not sure it is ever a good idea to skip a scheduled C&P exam. Reason: I recall reading somewhere about an "abandoned" claim..that is, it sounds like the Vet abandoned his claim by skipping a C&P exam virtually guarnteeing the claim be denied.

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I agree with entropent in part and disagree in part. I agree that he doesnt need to do anything now, but I am not sure it is ever a good idea to skip a scheduled C&P exam. Reason: I recall reading somewhere about an "abandoned" claim..that is, it sounds like the Vet abandoned his claim by skipping a C&P exam virtually guarnteeing the claim be denied.

I've read the same regarding the abandonment of a claim (i.e., not showing up for a c&p exam).

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