tdiu Claim Finally Moved! Prep For Decision

[Shyne-I]

Hello Hadit family,

I need reassurance from you all right now.... I have managed to keep my case at the RO with a reconsideration, a NOD, and a Reopen; how this was possible without it moving to BVA.... I guess it would be a good thing if I finally get SC for Fibromyalgia and my secondaries. It just scares me because it shows that I still have a formal appeal in ebenefits but it showing still at RO and the appeal was for Fibromyalgia. I was sent an IRIS response stating that I would need to either drop the appeal of Fibromyalgia or let it be process in the reopened claim dated 9/18/2013. Just to refresh memories, my original claim was filed 7/11/2012; I was denied 4/10/2013; I sent in a notice of disagreement, but I specified that I disagreed with the C&P examiner's opinion and the fact that she wasn't a medical doctor or a specialist in Rheumatology and that I wanted a new exam, but of course that was discounted. I submitted N&M evidence so they classified it as a reconsideration. I was denied again on 9/11/2013 and given a SOC. I submited more evidence and didn' get a response, so I filed a formal appeal on 11/15/2013. On 12/10/2013, I received a letter stated that I was previously denied all of my contentions and that the appeal period had expired, therefore I needed to submit N&M evidence in order to reopen my claim. Of course this was crazy to me, but as requested I submitted more N&M evidence and it sat as a reopened claim from 9/18/2013 to under review on 12/19/2013 to Prep for decision on 3/18/2014. Oh forgot to mention that I also filed for TDIU with this claim and an increase in sinusitis. The C&P exam results were received on 3/4/2014 the 21-8940 was received on 3/11/2014, but they say that they did not receive the N&M evidence for the Fibromyalgia and the 2 secondary conditions!! This is what worries me....can someone please pat the back of my hands and let me know it's ok....that ebenefits just wasn't updated and you are fine.

Shyne-I

[ArNG11]

Shyne-I stay focused and give them hell. Be meticulous in your record keeping and cite the regs and law and evidence. They are going to try to weasel, delay, and evade and confuse, that is the game. But you know better, we all do. Cite, send resend the evidence, and appeal everything that is not getting a fair shake. Let them know you mean business and don't give up.