Confused And Frustrated

[jaszper]

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.

[63SIERRA]

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.

[ArNG11]

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

[jaszper]

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 November 15, 2014 by jaszper

[Berta]

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.

[Gastone]

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

Gastone

[jaszper]

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.