ptsd Dro Did Not Use Results Of C&p Exam

[Shark]

A little background...I was rated 80% SC in July of 2008 (50% PTSD, 10% x 4 for PN, 20% for DM2). I filed for TDIU and was denied in September, 2008 and filed a NOD in October of 2008. In July of 2009 I filed a new claim for GERD and HTN.

In August of 2009 I get a letter from the VARO stating that a request for IU is considered a request for an increase in all of my SC conditions. I was scheduled for a PTSD C&P, and a medical C&P for all of my current SC conditions as well as the GERD and HTN in September of 2009.

The PTSD C&P stated that my PTSD was continued and that I was unemployable. The medical C&P service connected the GERD and made the HTN secondary to DM2. The medical C&P also stated that the PN in both lower extremities and the left upper extremity were now moderate.

Last week I received a decision letter that gave me 10% for GERD, 0% for HTN, and 0% for diabetic neuropathy. They stated "An examination will be scheduled at a future date to evaluate the severity of your service connected post traumatic stress disorder with depression." They also continued the 10% rating for PN on all 4 extremities.

My major problem is with the PN. They wrote in the decision that my PN was mild and warranted only 10 percent. They said it needed to be moderate to warrant 20%. The most recent C&P (9/2009) stated that my PN was moderate in the lower extremities and left upper. It appears that the DRO missed that. What should I do to correct this...can I file a CUE?

Any help is appreciated!

Ric

Edited June 7, 2010 by Shark

[Pete53]

You can't file a CUE until a final decision is made.

I suggest that you notify your VSO that your C&P was overlooked and ask them to fix the problem.

You can also ask for a Hearing and explain it face to face

Or you can do both and see if you can get the VA to look at the evidence.

Good Luck

[Shark]

Boy, now it is really screwed up! I did as you suggested and called my VSO in Reno, Nevada (I lived in Las Vegas when I filed the claim and NOD, and just moved to Los Angeles in April of this year), she informed me that my file was sent today to the VARO in Los Angeles! When I notified them of my change in address I requested that my claim and appeal remain with the VARO in Reno...no sense changing VARO's in the middle of an appeal!

She also told me that the only thing I could do is file a NOD on the peripheral neuropathy issue, and that I needed to file it with the Los Angeles VARO.

The only good thing is that the Los Angeles VARO is only a 30 minute drive for me, versus the Reno VARO which was a 10 hour drive from Las Vegas. I think what I will do is file the NOD with Reno as that is the address used on the decision letter and it says to respond to that office, then next week I will drive down to the Los Angeles VARO and talk to one of their counselors.

What a mess!

[cannoncocker]

I too am just wrapping my claim up for the time being but have a relative that I use for the purpose of the claim for the very reasons you mention. Dealing with the VA straightforward is difficult enough without changing venues while the action is still pending.

Also I would like to add, and this does not necessarily apply to you Shark but there comes a time, at least in my limited estimation that you might walk away with what you have abd come back later when you have purposely gained the precise eveidence you need. In the long run it would save time, at least IMHO,

[Pete53]

Boy, now it is really screwed up! I did as you suggested and called my VSO in Reno, Nevada (I lived in Las Vegas when I filed the claim and NOD, and just moved to Los Angeles in April of this year), she informed me that my file was sent today to the VARO in Los Angeles! When I notified them of my change in address I requested that my claim and appeal remain with the VARO in Reno...no sense changing VARO's in the middle of an appeal!

She also told me that the only thing I could do is file a NOD on the peripheral neuropathy issue, and that I needed to file it with the Los Angeles VARO.

The only good thing is that the Los Angeles VARO is only a 30 minute drive for me, versus the Reno VARO which was a 10 hour drive from Las Vegas. I think what I will do is file the NOD with Reno as that is the address used on the decision letter and it says to respond to that office, then next week I will drive down to the Los Angeles VARO and talk to one of their counselors.

What a mess!

It may be a mess but at least you know what and where the mess is now. I still stand by asking for a hearing now at Los Angeles and talking through the problems with someone who is in front of you and not lobbing hand grenades your way every now and than.

Good Luck

[71M10]

Greetings All:

I saw in this thread someone stated file a NOD (I think VA) If he was in for a DRO that would have been from a NOD already. Doesn't he need to File an appeal to BVA - Form 9, within the perscribed time or the decision becomes final?

Best regards,

Tyler

[Shark]

Well, to follow up. After long talks with my VSO who is in the RO and their talk with a rater, here is what I have done.

I sent in a NOD with the RENO VARO on the PN issue as well as asking that my PTSD be evaluated using the PTSD C&P of 9/15/2009 along with a letter my VA PTSD Psychologist wrote stating that I should be rated between 70 - 100% using the VA guidelines. The C&P Psychiatrist stated that I was unemployable and my PTSD symptoms continue with a poor prognosis. I was advised that the VARO considers a request for reconsideration the same as a NOD.

Tomorrow I am going into the Los Angeles VARO (my file was sent to them yesterday) and speak with a counselor there to see if we can make heads or tails out of all of this.

I filed my NOD in October of 2008 and really thought this would have been decided when I heard it was with the DRO in Reno in April. Now it looks like the Reno DRO doesn't want to deal with the TDIU issue and has sent it on to Los Angeles.

Thanks again Brothers for all of your assistance on this long journey!

Ric