Ssoc Questions

[livingrock21]

I have a few questions pertaining to my appeal. As some of you know, I had a C&P exam two weeks ago. It was at the VAMC with my treating physician. I need to go pick up the results.

A little background on my appeal for those that dont know, or dont remember. I was rated under the wrong diagnostic code. They did this because they said my condition wasn't in the Schedule for rating disabilities. So they tried to rate me analogously. My condition is in the schedule. When they rated me analogously, they gave me the C&P for that analog condition. As soon as I recieved my first SOC, I realized this was a huge error, and had a letter of reconsideration in two days later, that they said due to no new material evidence decided to file an NOD even though there was evidence they could not have taken into consideration. They denied that. I filed another letter of reconsideration, with new and material evidence, they still decided to interpret it as an NOD. This time they partially granted it, essentially CUE'd themselves. They changed the DX code, but didn't change the percentage. They couldn't change the percentage because the C&P exam they had on file didn't fit the new diagnostic code, but instead of requesting a new C&P decided to leave it at that. At this point, I had to file a form 9. I filed the form 9 back in Nov of last year. About a month an a half ago, I decided to write my congressman about this situation. I wanted to see if I could prevent my file from being transferred to the BVA and get this damn mistake of the VA's fixed there at the VARO. Soon after my congressman had contacted them about two weeks after, I had a new C&P scheduled for the following week (two weeks ago).

Here's my questions.

Before they issue a SSOC, are they going to write me a letter asking me if I have any evidence? Should I write them a letter telling them that I have no more evidence, and to please finish my appeal a.s.a.p.? Should I have my congressman contact them again (seems like as soon as my congressman got involved, it got the ball rolling very quickly. maybe with another nudge it'll get done sooner)? As I said, from the time I contacted my congressman till the date of my C&P was about three weeks, with that being said, how much longer do you think I'll be wating on a decision? The C&P went completely favorably, and should put me where I should be, 100%. Where at the VAMC do I go to get a copy of this C&P? My dr. told me it was completed a couple days after my exam, and sent to the VARO. The VARO is telling me they haven't recieved it yet (week and a half after).

Any and all responses to these questions would be greatly appreciated. Any advice, and input would also be appreciated. Thanks in advance.

Tyler

[Stretch]

Go to you FOIA office (Records office) in the VAMC. Tell the person at the desk that you want to request the results of you C&P exam. You will be asked for the Date, and you will be asked to sign the form. She will mail the results to you. It usually takes a couple of weeks.

[Pete53]

I have never heard of a treating Doc doing the C&P. In most cases that should be good for you.

They will make a decision and if you file a NOD with a Form 9 you will get the Statement of the Case.

Good Luck

[livingrock21]

Thank you for the quick replies guys.

I'll def. be doing that here in the next couple days Stretch.

Pete, it'll def. be a SSOC. My claim was supposed to be awaiting certification for the BVA until I had my congressman get involved about them trying to continually rate me off a C&P that didn't pertain to my condition. They actually told me to be expecting a SSOC in their response to my congressman. I agree about my treating physician doing the C&P. I truely believe everything went very favorably only time will tell though.

Anyone else have any ideas on the other questions I asked? I'm also wondering how much longer I'm looking at until they reach a decision. It's only been two weeks since my C&P. I'm going crazying thinking about all this though.

Thanks again guys,

Tyler

[carlie]

living,

I wouldn't be sitting on the porch swing waiting for the mail delivery

if I were you. I think you still have a ways to go.

If I understand right you already recieved a SOC.

Submitted additional correspondence and are now awaiting a Rating Decision

that either grants all benefits sought OR a SSOC listing the reasons and basis

for continuing their denials.

Is this correct ?

BTW - VA is not prejudice - they will just as easily mis-state facts

of adjudication to your congress person -- as they do to you . :)

carlie