New Exam Scheduled After Nod And Imo Filed

[bluevet]

My original claim was denied after the C&P examiner failed to find a nexus between my 30 day in-service (mental health) hospitalization and my current diagnosis of bipolar disorder. I am currently rated 70% non-service connected (per e-bennies). I filed a NOD and DRO request, then got an IMO/nexus statement from an expert Psychologist. Today, I found out from calling the VA, that I am being scheduled for another exam. I can't help but feel that they are seeking to negate my IMO, by getting another incompetent QTC examiner to deny a nexus. Are they just going to play ping pong until I give up?

[Jumpmaster]

Bluevet,

I agree wholeheartedly with everyone advice...don't quit because you may be closer to your victory now than ever before. Many of us here have gone through multiple C&Ps, VA shops for opinions favorable to deny while discounting your strong SMR evidence. The VA's major offense is deny until you the Vet become weary, stop fighting, toss in your bloody towel and surrender. Bluevet keep all medical appointments and develop the medical evidence (MH or otherwise) needed to win.

Yes, I know jumping through VA hoops was truly depressing for me 5 years ago. Success will show up when you least expect it so hang tough!. You will find the support you need from experienced VA road warriors at this site to guide you and win your claim if you faint not during your recon of VA's battlefield. God bless you, your family, and thank you for your service!

Jumpmaster .

[Gastone]

Mental Health issues make it very difficult to keep a positive mental attitude. That said, TRY!

Was there any discussion at your C&P regarding your In-service Hospitalization and treatment?

You're doing everything right, SC Denials are to be expected and the VA moves much slower than we like. What exactly did the Rater give as the reason for your Denial? Exactly what evidence was listed as being reviewed by the Rater?

If it appears that your SMR Hospitalization was not considered, send it in along with a "Sworn Affidavit" as New & Material Evidence. As such, it should trigger the VA Reg requiring an Automatic Review of your Denial by a Sr Rater or DRO, giving "Deference" to the original Decision. You could get a very quick Award or at the very least a SSOC that would tell you what you need to prevail.

Always remember the 1 Year NOD, filing window. Be sure not to allow your Denial to become final by missing the NOD Filing Deadline.

Semper Fi

Gastone

[Fat]

I agree with MarkinTexas.

They are taking the claim seriously with the medical IMO.

They probably just need to confirm the MH diagnosis by C&P examination.

Stay positive and if they deny, go BVA.

[bluevet]

Thanks everyone for the replies. I was just having a really bad day. I am scheduled for a new C&P nest week. Hopefully, I'll have a success story soon.

[broncovet]

It helps me when I keep it in perspective. According to the BVA chairmans report and Chief Justice Roberts, the VA takes a position against the Vet 70% of the time that is substantially unjustifed. So, that pretty much means they deny almost everyone and then fight everyone for their benefits. Thus, if you show up (apply for benefits) and follow up ( timely file a Nod, and, timely file the I9), you have a 70% chance of winning. But, if you quit at any stage, you are done. Quitters always lose at the vA. Im not quitting.

I actually have a BETTER than 70% chance, now that I have an attorney, because, attornies have a better record at VA than VSO's. Im probably up to 75% or better chances now.

Berta points out there are vets who just plain dont have the evidence and dont have a winnable case. However, I know I have the evidence...I have read it...and I know its in my file (now) because I have ordered my cfile. Im not "guessing" its there, I know its there. Some Vets lose because they assume that record is in their file, and it turns out that its not. So they have to start all over.

Edited August 2, 2015 by broncovet

[MarkInTexas]

Better than Vegas odds, I reckon! You're right, Bronco! I missed out on an initial rating myself because I assumed key SMR's were in the file. Always, always, ALWAYS get the C-FILE and do at least two or three NPRC information requests before assuming the VA has everything that you need for them to have.

Mark