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C&p Was Order At The Pending Appeal Phase

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mommysavoie

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Strangely enough my C&P was ordered at the "Pending Appeal" phase. History: I filed a claim for my back and other issues and all were denied. After my claim was denied, I was sent to a pain clinic and diagnosed with sacroiliitis. I am thinking that the VARO realized they made a mistake in not ordering a C&P during my initial claim and also saw that new evidence was realized towards the completion of my claim which was denied. I also had another diagnosis of Meralgia Parethetica a few days before my C&P exam, which added icing to the cake at my exam. It has been 10 days since my C&P exam and I was wondering whenI could view it as I looked at my Notes and it reads this:

LOCAL TITLE: COMPENSATION & PENSION EXAM
STANDARD TITLE: C & P EXAMINATION NOTE
DATE OF NOTE: APR 22, 2015@15:00 ENTRY DATE: APR 22, 2015@16:46:35
AUTHOR: DUGGAL,SANGEETA P EXP COSIGNER:
URGENCY: STATUS: COMPLETED
You may not VIEW this COMPLETED COMPENSATION & PENSION EXAM.

Any other ideas as to whether my appeal will be approved (on the back issues) at least before it goes to "full appeal" status? What happened was I filed a new claim for Sacroilliitis and the VARO merged it with my appeal for my back and other issues. The new claim doesn't even show up as "cloesed" on Ebenefits. Only the original application can be viewed. That has never happened before.

Thanks,

Edited by mommysavoie
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  • Founder

Welcome Aboard - I removed your name from your post for your own protection please do not post personal identification information.

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  • HadIt.com Elder

"You may not VIEW this COMPLETED COMPENSATION & PENSION EXAM."

Strange- this is usually done only when an exam includes a mental health related issue, such as PTSD.

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If New & Material Evidence, not available for review prior to your Denial is received by your VARO, an automatic Review of your Denial by a Sr Rater or DRO is required by VA Regs. Your "New C & P" may be the result of the VARO Review, or not.

You should be able to get a copy of your PTSD C & P DBQ at the VA Hospital Medical records Dept. Are you currently receiving VA Mental Health services, Pscychiatric or PTSD Group? What type of appeal, DRO Review, Hearing or BVA and when did you file your NOD?

What's your SC break down of your current 80% rating?

Semper Fi

Gastone

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I filed the NOD 3 months ago, but the status of "pending appeal" didn't appear until 04/04/15. The C&P was ordered before the "pending appeal" showed up on Ebenefits. The NOD filed doesn't have a section on it where you can choose what kind of appeal you want, so I do not know what type of appeal it will be. I reviewed a copy of the NOD and there is no selection area for choosing what type of appeal I wanted. The VA probably caught the mistake of new evidence not received during the last claim and are fast tracking it at the supervisory level. Maybe I'll get a letter in a week or two with their decision on the back and ask whether or not I want to move forward with the appeal on the two other items--TDIU and Depression via DRO Review. Also, the guy who scheduled my C&P said it had to completed by May 1st, 2015 for some reason. Maybe they only have 60 days from the date of the filing of the NOD to get it done. The C&P was done on time and completed on 04/22/2015.

I am currently receiving mental health services at the VA.

Service connected breakdown: 30% (max) for IBS, 30% Astma, 10% Chronic Ankle Injury, 10% Nose.

On my appeal, I am trying to link my Sacroiliitis and lumbosacral radiculopathy to my Ankle and/or IBS and, once they give me 40% or more for that, I am hoping I qualify for the TDIU. They denied me for depression on my last claim so I appealed that as well. The psychiatrist at the VA coded the depression "after the denial" as the type unfit for employment and she made notes that it is partially- caused by my chronic back and hip pain.

Here is the depression code as listed on my "Problems List": Depression, NOS (ICD-9-CM 720.2)

Thanks for your help.

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