No C&p Exam

[windy city]

I was just wandring, is the VA not doing any more c&p exam for claims? A while ago I put in a claim and it denied so I went ahead and filed a NOD, today I recieaved a letter from the VA asking if I wanted to resolve my claim through a DRO or a regular or the traditional way. This is the second time this is happened to me were they do not send me to have a c&p exam for my claim. Has anybody been through this or this is the new way of the VA processing claims.

[windy city]

Windy City,

Is this a claim for initial service connection?

If yes, then they should give a C&P if you have an inservice diagnosis and presented evidence of a post service condition that might be related.

If your denial says that there was no evidence of the inservice disability they will not schedule a C&P.

If your claim is for PTSD we have found numerous decisions restricting the RO from scheduling a C&P until after the stressful event is confirmed.

Why were you denied?

This condition is pretty much like secondary to a service connected condition. How does the trditional process works instead of a DRO. I am ina dilema I do not know if I should go with the DRO or should just do the traditional process. The reasom I am stating this is because the last time I tried going in front of a DRO I had a runin with one of the head honcho drom the DAV and I do not want to go through that again. Any advice will be helpful.

[luvHIM]

Windy city,

It almost appears as if you have answered your own question having made the following statement: "The reasom I am stating this is because the last time I tried going in front of a DRO I had a runin with one of the head honcho drom the DAV and I do not want to go through that again."

That comment made: You can request a DRO perform a de novo review without appearing before him/her.

Edited April 28, 2008 by luvHIM

[windy city]

Windy city,

It almost appears as if you have answered your own question having made the following statement: "The reasom I am stating this is because the last time I tried going in front of a DRO I had a runin with one of the head honcho drom the DAV and I do not want to go through that again."

That comment made: You can request a DRO perform a de novo review without appearing before him/her.

Sorry to sound silly but what is novo review and how do you go by getting this done.

[luvHIM]

Not silly at all. It is simply a review of the record (C-file with whatever evidence has already been submitted). The only problem with this kind of on-the-record review, if you will, is you should have a copy of your C-File before hand to be sure it is going to be adjudicated rightly. If you don't know what is in your C-file (not what you think is in there), I wouldn't go this route. That is why one of my claims is pending an appeal right now. I opted for a de novo review (so they say...I know I asked for a hearing with a DRO). At any rate, I was forced to go to appeal after my NOD got me and SOC and continued denial for increase.

[windy city]

Not silly at all. It is simply a review of the record (C-file with whatever evidence has already been submitted). The only problem with this kind of on-the-record review, if you will, is you should have a copy of your C-File before hand to be sure it is going to be adjudicated rightly. If you don't know what is in your C-file (not what you think is in there), I wouldn't go this route. That is why one of my claims is pending an appeal right now. I opted for a de novo review (so they say...I know I asked for a hearing with a DRO). At any rate, I was forced to go to appeal after my NOD got me and SOC and continued denial for increase.

When I filed my NOD I was hoping to get a c&p exam but it nevered happened. Instead I got a letter from the va informing me that I can ask for DRO or the traditional process in order to resolve my claim. All my old claims that I haved filed in the past I have been given a C&P exam but this is the second time. I want to go through the DRO so he can see in person of what I am talking about but due to my past experience I do not want to drive for 2 hours and go through what I went in the past. But I also feel that if I go through the traditional process my claim is going to be denied.

p.s. I do not have a copy of my C-file, how can I get a copy of it?

[Ricky]

Not silly at all. It is simply a review of the record (C-file with whatever evidence has already been submitted). The only problem with this kind of on-the-record review, if you will, is you should have a copy of your C-File before hand to be sure it is going to be adjudicated rightly. If you don't know what is in your C-file (not what you think is in there), I wouldn't go this route. That is why one of my claims is pending an appeal right now. I opted for a de novo review (so they say...I know I asked for a hearing with a DRO). At any rate, I was forced to go to appeal after my NOD got me and SOC and continued denial for increase.

Luv - same happened to me. Although I requested a DRO hearing they denied and issued a SOC. I have submit the form 9 due to time limits. However, after I thought about it and my due process rights, I screamed like a wild bear. This finally got me a DRO hearing which resulted in an approved claim at the RO.

If you have a copy of your request for a DRO hearing start screaming.