Moved Up The Chain But Likely Not A Good Thing.

[kate7772]

My husband's claim moved from Review of Evidence to Pending Decision Approval today. Usually a good thing, but, there was no C&P exam done.

There were four contentions, two new and two reconsiderations, although the new ones also should have been reconsiderations. All were previously denied. Filed for reconsideration on April 15 and they went straight into Review of Evidence on May 31. Now, moved into their current status? What could this mean. Can't believe it's a good thing since no C&P was done. Never had C&Ps on the original claims either.

Any thoughts?

Thanks,

Kate

[63SIERRA]

could go either way, but the fact there was no CP could be beneficial later, when you provide an IMO if they deny. ALWAYS remember this. The VA is slow, and the VA is incompetent, some say the Va may even be dishonest, but the great thing is, the LAW is in the veterans favor. It leans towards out needs, in almost every situation. The problem is, this lienency, usually doesnt occur at the RO level, and sometime not at the BVA either. It may go all the way up to the CAVC, then back to the RO. It sucks, but you have to dig in, and get a mindset of a long battle may take place. if you can withstand the test of waiting, you will likely prevail. I try to think of it as a long term savings plan , just no interest. When I get mine, I plan to get me a bottle of Johnny walker blue label, some Monte Cristo stogies, and rent a nice luxury car like a chrysler 300, and burn up some interstate, head to the coast and play in some surf, metal detect the beach for treasure, and watch the sun set over the ocean, .. The VA is NOT going to win, they just arent /. Period.

[63SIERRA]

Its ok to be disappointed if denied, and usually many times on initial claims, they lowball or outright deny. They take advantage of most vets not knowing how the system works and erroneously OR intentionally wrongfully denying the claim. Theres some strong medicine for that on this forum and you can learn how to win, its up to you to put forth the time and effort, which can be substantial. I put in at least an hour every day reading and learning, and it is paying off big time, . I bet if you put 20 VSOs in a room, I would know more than at least half of them, by what Ive learned here on Had IT. I still have ALOT to learn, as there are people on this site who have been actively fighting the VA for 20 or more years. Thier sharing of knowledge and experience is priceless.

If you have legitimate claims Never give up on them. I believe that once the VA sees you are getting wise, they know that it is just a matter of time, because if you dont give up, you will usually win. So put yo self wise!!!!!!!

Edited July 7, 2014 by 63SIERRA

[Berta]

It seems highly unusual to me that no C & P exams were done.

Perhaps because his disability did not appear in the Camp LeJeune Fast Letters and Training Letters here, as to a limited suggestion of association.

Is it possible his service ,at Camp LeJuene did not fall into the Camp LeJeune dates? (Prior to 1987)



Have you contacted Dr. Bash for an IMO?

[kate7772]

It seems highly unusual to me that no C & P exams were done.

Perhaps because his disability did not appear in the Camp LeJeune Fast Letters and Training Letters here, as to a limited suggestion of association.

Is it possible his service ,at Camp LeJuene did not fall into the Camp LeJeune dates? (Prior to 1987)

Have you contacted Dr. Bash for an IMO?

These claims really have nothing to do with Camp Lejeune. They were filed at the same time as the claim for my husband's kidney condition which was a Lejeune claim so they all went to Louisville which handles the Lejeune claims. My husband filed the reconsiderations for the above claims but has not done the kidney one yet because we are waiting for the IMO which Dr. Bash is currently working on. After we get that, we will file a NOD on the kidney issue related to Lejeune. We just wanted to get these claims moving while waiting for the IMO for the Lejeune kidney issue. Figured we would try the reconsideration with new evidence route on these issues while waiting, then file a NOD if nothing happened by about a month before the deadline.

Am I understanding correctly that Pending Decision Approval means that the decision has already been made and just needing an ok? Maybe they'll still notice no C&P and send it back?

Edited July 8, 2014 by kate7772

[Berta]

Sorry Kate, I forgot there were other claims filed as well:


But I am still baffled that there were no C & Ps exams done.

I dont think I ever saw that situation before. Anyone else here see decisions based on No C & P exams?