Question About C & P Exams Conducted While On Appeal

[raidertone]

Hello newbie here, was hoping someone can help me with a question.

I currently have an appeal waiting to be certified and sent to the bva in reference to gulf war presumptive illness'. It's been at this stage since 2007. In October of 2011 two c&p exams were ordered (I had never had any c&p exams prior to this) Since I was just waiting around anyways I requested a copy of the exams. I received them yesterday. On both of them the doctor indicated that the issues were more than likely service related and fall within the guidlelines for disability benefits under the gulf war presumptive regs.

Now my question is with this new information available to the vro in los angeles will the appeal still proceed to bva or can the vro make a decision without sending it up. I'm asking because if it does get sent up to bva as scheduled won't it just get remanded back to the vro due to the c&p exam results?

Thanks in advance for any assistance.

Tony

[MarkInTexas]

Welcome to Hadit, Raidertone. I'm still pretty much a rookie myself, but I'm sure one of the senior members will chime in soon with some great ideas or advice. Thanks for your service.

Mark

[raidertone]

Thanks Mark, appreciate it...

[carlie]

Hello newbie here, was hoping someone can help me with a question.

I currently have an appeal waiting to be certified and sent to the bva in reference to gulf war presumptive illness'. It's been at this stage since 2007. In October of 2011 two c&p exams were ordered (I had never had any c&p exams prior to this) Since I was just waiting around anyways I requested a copy of the exams. I received them yesterday. On both of them the doctor indicated that the issues were more than likely service related and fall within the guidlelines for disability benefits under the gulf war presumptive regs.

Now my question is with this new information available to the vro in los angeles will the appeal still proceed to bva or can the vro make a decision without sending it up. I'm asking because if it does get sent up to bva as scheduled won't it just get remanded back to the vro due to the c&p exam results?

Thanks in advance for any assistance.

Tony

Tony,

Prior to certification and transfer of your file to BVA, it is the responsibility

of the DRO, VSM or a designee, to review the claims folder and verify that

appropriate development has been initiated and properly disposed of.

Perhaps in attempting to certify, someone noticed you had not had a C&P

examination for the issue/s at hand and scheduled your two exams.

Yes, the VARO can make a decision and if so they should send

you or your rep a SSOC based on the additional evidence that was

developed.

It would be helpful for you to post the reason for denial, word for word

from the prior denial.

Certification To BVA.tiff

You can also click the following link :

http://www.benefits.va.gov/warms/M21_1MR1.asp

Then scroll down and click under - Chapter 5 - Appeals :

Section F - Docketing, Certification, and Claims Folder Transfer

[raidertone]

Tony,

Prior to certification and transfer of your file to BVA, it is the responsibility

of the DRO, VSM or a designee, to review the claims folder and verify that

appropriate development has been initiated and properly disposed of.

Perhaps in attempting to certify, someone noticed you had not had a C&P

examination for the issue/s at hand and scheduled your two exams.

Yes, the VARO can make a decision and if so they should send

you or your rep a SSOC based on the additional evidence that was

developed.

It would be helpful for you to post the reason for denial, word for word

from the prior denial.

Certification To BVA.tiff

You can also click the following link :

http://www.benefits....ms/M21_1MR1.asp

Then scroll down and click under - Chapter 5 - Appeals :

Section F - Docketing, Certification, and Claims Folder Transfer

Thanks Carlie...the exact reason for denial was that the conditions were not documented in my service records and therefore not service related. Apparently when they reviewed my initial claim and appeal no one thought about the presumptive conditions pertaining to the gulf war. The doctor that conducted my c&p exams however used those guidlines to determine that my conditions are in fact most likely service related.

[raidertone]

I'm just curious...if/when I win how far back would they have to back pay? I filed my claim in april of 2004 and was promptly denied of course...it's been in appeals ever since. Below is the information listed on ebenefits in reference to the appeal:

Date of Progress Progress Progress Office 04/28/2006 Local VA Office Decision RO 03/29/2007 Notice of Disagreement (NOD) RO 04/06/2007 Appeal Pending BVA 03/10/2008 Statement of the Case (SOC) RO 04/03/2008 Substantive Appeal (Form 9) RO

[raidertone]

I'm just curious...if/when I win how far back would they have to back pay? I filed my claim in april of 2004 and was promptly denied of course...it's been in appeals ever since. Below is the information listed on ebenefits in reference to the appeal:

Date of Progress Progress Progress Office 04/28/2006 Local VA Office Decision RO 03/29/2007 Notice of Disagreement (NOD) RO 04/06/2007 Appeal Pending BVA 03/10/2008 Statement of the Case (SOC) RO 04/03/2008 Substantive Appeal (Form 9) RO

Anybody?