Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

Top 10 VA Disability Claims Articles

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Ptsd Claim Denied Before C&p Appointmen

Rate this question

the_stretcher

Asked by the_stretcher,

 Share

Question

the_stretcher Apprentice

the_stretcher

Posted
Posted

I am having some issues with my claim. I had an appointment with Comp and Pen. I had to reshedule my appointment and a week before my new appointment i got the infamous later from the VA. It showed that i got denied my PTSD claim due to me not showing up to my appointment. Problem is i had an appointment set up. My local VA in Dayton Ohio can not do anything. I have called the regional office and the lady said she was going to get my claim started back up and i have not seen anything. I called the regional office 2 weeks ago. I am going to give them the rest of this week do see about anything and i am going to have to call the regional office again. Is calling them the only thing i can do to get my claim reinstated or am i going to be forced to do a rebuttle?

Link to comment
Share on other sites
  • Answers 10
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

10 answers to this question

Recommended Posts

the_stretcher Apprentice

the_stretcher

Posted
  • Author
Posted

Yes i went to the second one. i verified from my local va that the information was sent to regional office. thr regional office seen that i wnt to the appointment that is why it was noted by the va rep at the regional VA that i went to the appointment and that my claim will be re-opened. If i do not see anything i will be going to get my paperwork from comp and pen and going to talk to my local VFW

Link to comment
Share on other sites
free_spirit_etc Grand Master

free_spirit_etc

Posted
Posted

Okay. That is good that you went. You should have no problem reopening the claim then. In fact, I don't think it should really have to be reopened since new information was submitted while you are still officially in your appeal period - It is my understanding that as long as you are still within one year of that decision, the claim is still open. They will just need to readjudicate it.

You might want to send them something in writing, informing them that the C&P exam had been re-scheduled, that you reported to the exam as scheduled, and you want them to readjudicate the claim based on the new evidence.

You might as well pick up a copy of the C&P exam and point out how it is in your favor (if it is) - or point out any errors (if there are any).

Sometimes, I think if you let the VA know that you know -- they have to kick their game up a notch.

If they can count on the veteran not getting a copy of, or reading, the C&P exam -- they might have a tendency to interpret the wording a bit differently.

Think Outside the Box!
Link to comment
Share on other sites
  • HadIt.com Elder
john999 Grand Master

john999

Posted
  • HadIt.com Elder
Posted

Same thing happened to me. The VA cancelled my c&p and then denied my claim saying I was AWOL from my exam. I fixed it but you know it took time.

Link to comment
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
 Share
Go to question listing


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!

  • Recent Achievements

    • Rookie
      KMac1181
      KMac1181 went up a rank
      Rookie
    • First Post
      Lebro
      Lebro earned a badge
      First Post
    • Week One Done
      stuart55
      stuart55 earned a badge
      Week One Done
    • One Month Later
      stuart55
      stuart55 earned a badge
      One Month Later
    • Conversation Starter
      Lebro
      Lebro earned a badge
      Conversation Starter

  • Our picks

    • Caluza Triangle defines what is necessary for service connection

      Caluza Triangle defines what is necessary for service connection

      Tbird posted a record in VA Claims and Benefits Information,

      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
      Tbird

      Picked By

      Tbird,

    • Post in ICD Codes and SCT CODES?WHAT THEY MEAN?

      Timothy cawthorn posted an answer to a question,

      Do the sct codes help or hurt my disability rating 
      yellowrose

      Picked By

      yellowrose,

    • Post in Chevron Deference overruled by Supreme Court

      broncovet posted a post in a topic,

      VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
      Lemuel

      Picked By

      Lemuel,

    • Post in Re-embursement for non VA Medical care.

      broncovet posted an answer to a question,

      Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
      Lemuel

      Picked By

      Lemuel,

    • Post in What is the DIC timeline?

      broncovet posted an answer to a question,

      Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
      Lemuel

      Picked By

      Lemuel,
    View All
×
×
  • Create New...

Important Information

Guidelines and Terms of Use

  I accept