Va Changed My Claimed Items Or Ignored (Sorry If Not Right Place) Newbie

[Whirlwind27]

Any thoughts appreciated
In short;
2013 IDES C&Ps
2014 fit for duty, hit 35yrs, 14 of SOF
Ratings Letter rec. June 2015/ 100% (not P&T) due to an claim item that was overrated and will prob be reduced as their boilerplate langauge says will be reviewed in 6 months.
1. BBD (benefits at delivery) claim was Required and submitted Nov 2014. Preparing the BBD, the VSO and I filled out the claim form (to include 2013 C&P diagnoses on several items), for instance one eye diagnosis was 20% BiLat ref. VARSD, but It was ignored or removed from 2014 claim. My C%P examiner was the same on both exams.
2. Five claim items were not rated at all,not even zero, but clearly in med records. For instance, scaitica bilateral - not service related. But scaitica started in Dec 2013, and weekly transdermal Butranorphine (sp) and oxicodone 60 a mo. I cant remember this sec but I had 3 ER visits at Army Hosp in 2014. Army Pain Mgt burned Nerves - didnt work, 3 times facets blockers, Predisone injections x2, and 1- epidural. 2015 out of service and 2 epidurals this year. I won't go into symptons but pain etc keeps me from working. This is the same thing for the other 4 claimed items in various degrees.

I've looked at forums quite a while and I've not found this scenerios except for close and sorta. My first thought was Im being set up for a reduction under 100,, because they know with their omissions I'll have to fight a few years to get corrected back. "I dont know". But I know i need to be prepared. The good thing is I have all my Med records in a safety deposit box that support my claims.

I'm trying to find a new VSO (since i've moved upon retiring) but I'd like to know what experienced veterans think.
Do I file a NOD?

3. Currently my e benefits says review December, 2015, and Letter says not P&T because an item may get better.

4. Several persons, to include a Rep have said not to do anything because i'm 100%, but wait till reduced. What is your opinion?

5. Would filing a NOD or CUE on non- service connected items jeopardize my current rating?

Or do I appeal those, ask for reconsideration?

6. One more thing, but comes as result of #2 above. Can I use a diagnosis from prior C&P to file a claim? (yes it was a claimed item on second time). It seems that if the VA diagnosed me and the army treated me, it could be used to support my claim. (clarification - I've had multiple eye problems with several diagnosis and all claimed. At C&P #1, i was diagnosed with what would be auto 20%. So at this time I can only assume either the VA ignored claimed item OR the SAME C&P eye examiner didnt list it on 2nd exam. Couldnt I use the 1st C&P exam/diagnosis as basis for appeal, NOD or whatever it is i need to do? (the diagnosis is permanment- not going away)

Thanks for any insights

Edited July 1, 2015 by Whirlwind27

[broncovet]

Dont let the VA ignore your claims. The worst part is that if you apply for 3 benefits, the Va adjuticates only one, and you do not dispute the denial of the other 2 upon appeal, those claims are considered "abandoned". That is, the Board will adjuticate ONLY the issues you raise in your NOD. The Board has no jurisdiction on your claim EXCEPT those issues to which you give them jurisdtion over. Just as bad, if you do not "perfect" your appeal with a timely filing of the I9, your claim is also considered abandoned.

Abandoned claims are contained in 38 CFR 3.158.

Shortly after you apply for benefits, the VA sends you a "Duty to Assit" letter. Vets thinks this letter is to "help them out". NO. NO. NO. The Va will ask you for evidence to support your claim. IF YOU DO NOT SUPPLY EVIDENCE requested, your claim is considered "abandoned":

§3.158 Abandoned claims.

(a) General. Except as provided in §3.652 of this part, where evidence requested in connection with an original claim, a claim for increase or to reopen or for the purpose of determining continued entitlement is not furnished within 1 year after the date of request, the claim will be considered abandoned. After the expiration of 1 year, further action will not be taken unless a new claim is received. Should the right to benefits be finally established, pension, compensation, dependency and indemnity compensation, or monetary allowance under the provisions of 38 U.S.C. chapter 18 based on such evidence shall commence not earlier than the date of filing the new claim. (Authority: 38 U.S.C. 501(a))

(b) Department of Veterans Affairs examinations. Where the veteran fails without adequate reason to respond to an order to report for Department of Veterans Affairs examination within 1 year from the date of request and payments have been discontinued, the claim for such benefits will be considered abandoned.

© Disappearance. Where payments of pension, compensation, dependency and indemnity compensation, or monetary allowance under the provisions of 38 U.S.C. chapter 18 have not been made or have been discontinued because a payee’s present whereabouts is unknown, payments will be resumed effective the day following the date of last payment if entitlement is otherwise established, upon receipt of a valid current address.