Va Decided My Claim Before Receiving My Va Directed Medical Exam

[don3149]

Good day everyone,

My first post here. I am SC, 60%, 24 years AD USA.

Claim was initially opened 1 May 2010. Partial payment for 60% started 1 DEC 11, with a relook for three areas: IBS, Chronic Fatigue, and GWS. Relook done in South Korea. My paperwork was initially sent to a wrong address and wrong first name. It did find its way to me after 3 weeks. Must use the US Embassy overseas to schedule appointments. After two weeks the Embassy finally had me make my own appointment. had two very indepth exams over the next 6 weeks. Sent VA a fax on 30 June 12, stating not to finalize my claim and listed the dates of my appointments, one had already been completed. Emailed the same information, and call the useless message center. My paperwork, ebenefits, ect., all stated that everything was due by 11 AUG 12. I finally recieved a reply via email from VA on 8 AUG 12, stating that the VA decided my claim on 6 AUG 12.......I also went and had my medical records from the visits translated and sent priority confirmation registered, ect. on 7 AUG 12.

Since the US Embassy shipped my official medical completed exams to the VA on 9 AUG 12.

My question is, is there anything the VA can or will do to relook this and not finalize my claim since everything is in their hands now? or is this going to be an appeal and I loose the potential 27 months of back pay (owed) for these three conditions that were in fact substatiated by my latest exams?

thank you all for your service and support.

Don

[Pete53]

You should ask them to review your claim and point out that it was decided without all your medical info. Be careful about time limits you have 1 year from the initial decision to appeal.

Good Luck

[Berta]

I suggest that you wait for the actual decision.

If the decision does not list or consider the results of :" two very indepth exams:" you could request that the VA call a CUE (Clear and unmistakable error) on itself.

If the exams and other evidence was favorable to the deferred conditions, your entitlement date should still be the date of your claim.