Jump to content

Sponsored Ads



  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • 0
raidertone

Question About C & P Exams Conducted While On Appeal

Question

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

Share this post


Link to post
Share on other sites

Recommended Posts

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

Share this post


Link to post
Share on other sites

Ad

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

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • OK so I had pancreatectomy in 2003 due to an impacted goldstone 2/3 of my  Pancreas was removed I am type one diabetes with very large scars continued diarrhea stomach problems Constant back and shoulder pain I recently received a Nexus letter from my  endocrinologist related to my service in the gulf war.  Any suggestions or advice from anyone
    • I would like to meet other Hadit members who live in Michigan.  We have at least two major VA Hospitals (Battle Creek, Ann Arbor).  Or maybe you go to the the John Dingell in Detroit.  

      I like Ann Arbor.  I like the fact that most of the doctors there are also at the UM Hospital.  I don't like how uickly they seem to turn over though.  
        • Like
      • 5 replies
    • Really?
      I am confused.  A few days ago I spoke to a person at a VARO who said if I die from something other than service-connected my husband gets zero, zilch, squat.  Hmmmmmm, it seems the rules change willy-nilly...I have been rated 100% P & T for over 10 years, MS is static, and I am 56 years of age.

      Can a fellow Veteran shed a light on this?

      Thank you.
        • Haha
      • 15 replies
    • Fund raising for HadIt.com
      The site is supported through ads and ad free subscriptions, we are also asking for any support you would like to send our way. You can give a $1 or more it all helps. Keep in mind though that it is NOT tax deductible and we are NOT a non profit. As the site grows so do the costs and ads and subscription do not always keep pace with the costs. Any help is appreciated, but not required.
      • 11 replies
    • Carol Ozanecki- Blue Water vet Advocate called me with this news:

      https://www.stripes.com/news/lawmakers-launch-new-effort-to-provide-agent-orange-coverage-for-blue-water-navy-vets-1.525395

      Also there is a article in Pop Culture she sent to me----mentionig Blue Water vets buy I felt it was too political to post here. You can google it if you want to read it.

       

       
      • 10 replies
×

Important Information

{terms] and Guidelines