Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

Confused And Frustrated

This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 


Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 


This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.




I have asked a few questions about my claim already and will try and not repeat myself here. My main question is whether or not a C&P exam brought on by new evidence (which i'm pretty sure they already had) could help speed along my claim. As in they would make a decision soon after the C&P, or is it just another delay tactic. I filed my Form 9 in July and received my new C&P in August. In the C&P report they stated it was brought on by new evidence. I just called the number associated with the DRO on the C&P report and they told me I was waiting on a review by the DRO. So basically Im just asking for a glimmer of hope it could be soon rather than another 3-5 years.

Link to comment
Share on other sites

  • Answers 6
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

6 answers to this question

Recommended Posts

  • 0

Basically your getting another look, and because they acknowledge the evidence as new and material, thats a good thing. Keep a positive outlook, dont worry abt things you cant control (time). Many things you can be proactive about, but many things you will be re active about. Dont let it eat you, life is too short, try to enjoy your life the best you can in your present circumstance.

Link to comment
Share on other sites

  • 0

I have to agree with you 63Sierra. This does get a new set of eyes on the material evidence. Jaszper hang in there.

Link to comment
Share on other sites

  • 0

Thanks for the responses. My only concern is that the new set of eyes is going to take so long. I was hoping that since the DRO requested the c&p he would look at it sooner.

Edited by jaszper
Link to comment
Share on other sites

  • 0

Maybe they will....it sounds like they were prompted to reconsider the denial.

That is a GOOD move. And if the RO reverses, you saved lots of time waiting for the BVA...so try to be patient on this....it does not happen often that VA fully reacts to new evidence once they have denied.

Link to comment
Share on other sites

  • 0

Jasper: What we're discussing here is the original PTSD NOD that ended up with a continued Denial of your 2010 PTSD claim, right? Bear with me while I try to get a grip on your situation. Are or have you been rep'd by a VSO or are you flying solo on your claims? When you filed your original NOD did you provide "New & Material Evidence?" Without N & M Evidence for the DRO to consider your virtually assured of a Continued Denial Decision.

You signed a Form 9 07/2014 and had New C&P Exam (PTSD??) 09/14. If your VARO received N&M evidence (From any source) regarding an appealed decision that is still pending being Certified and transferred to the BVA (approximately (4) months before scheduled BVA Hearing, the VARO is required by VA Regs to conduct a complete review of your Appeal giving "Deference" to the original raters decision. This review is conducted by a Senior Claims Rater or A DRO. They can award your claim immediately if the N & M Evidence seals the deal or they can continue your denial and issue a Supplemental Statement of Case.

No one really knows what is going on behind the BVA Curtain in any meaningful real-time way. Everything is pending until it's no-longer pending. If you got a letter saying a DRO is going to review your appeal, that's your current pending status. If his review doesn't include a Personal Hearing with you, you'll know his Decision when you get written notification of Award or Continued Denial, including a SSOC. Soooooooo, sit back and enjoy the ride, not much more you can do. If DRO Awards, your good, if continues Denial your N&M Evidence just wasn't compelling enough. Check out recent 2014 BVA Decisions, I have, claims seem to 4+ yrs old and large number of remands. Take a look at your VARO's Monday Morning Report regarding BVA Appeals Stats.

Semper Fi


Link to comment
Share on other sites

  • 0

Thank you both for the kind words of encouragement.

Gastone: I was represented by a vso until I moved about 1 1/2 years ago. Since then the only contact I've had with an organization was to file my form 9.

My main confusion comes from what caused this new c&p exam. At the time I filed the nod I don't remember filing the police report that seems to be the new evidence. I honestly don't know how long the va has had the report that seems to be what caused the relook. The police report along with a bad c&p (it stated I had ptsd but didn't contain the words at least as likely as not) are what the reviewers stated the reason was for the relook. At least that's how I understand what I'm reading. I can post the c&p again if that would clear up the confusion. So how can I tell if they are treating the police report as new and material? Hopefully it is new and material and will finish this thing off.

I did file my form 9 on 07/2014 then I randomly get a call for a new c&p on 09/2014. I'm hoping that this was all caused by them realizing they made a mistake with the first denial but I'm honestly so confused I don't know where to start.

Link to comment
Share on other sites

  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.


  • Advertisemnt

  • question-001.jpegLooking for Answers? Here are tips for finding the answers you seek.


    All VA Claims questions should be posted on our forums. To post, you must register. Registration is free. You can register for a free account here.


    You can read the forums without registering.


    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question.
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one massive, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.


    Leading to:


    Post straightforward questions and then post background information.


    • A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    • I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
    • B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
        • I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?


    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.




    • Your first posts on the board may be delayed before they appear as they are reviewed.
    • This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • VA Watchdog

  • 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

  • Create New...

Important Information

{terms] and Guidelines