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ptsd C&P Exam notice sent to 30 yr old address
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GuaymasJim
In June 2013 I was awarded SC Agent Orange IHD and PTSD claims with SMC (k) deferred. About a week before the $ hit the bank and the award letter, I had received a telephone call from a gentleman who I believe was the rater telling me that my claim was about to be finalized and was there anything I wanted to add. He told me what the %s and effective dates were going to be as well as the award of SMC (S) based on 100% + 60%. I agreed with the %s but not the IHD effective date, but he and several hadit members convinced me that I was wrong. This young man was polite professional, and appeared willing to spend as much time as necessary to resolve any outstanding issues I might have.
Several months later, I received notice of a C&P exam for the deferred claim. I made the appointment, but when the C&P examiner saw that I had filed a FTCA claim 7 years earlier, she conferred with the C&P administrator and the two of them decided that they would "get in trouble with the RO for conducting a C&P exam with a possible "conflict of interest" involved. The day ended with denial of "temporary lodging" denied" and "travel pay" for 750 mile round trip denied because a C&P was not actually performed. I was informed that another exam at a different location would be arranged and I would be notified. Several weeks passed and I received a telephone call informing me that a new C&P was being arranged at a location that would require a 1300 mile round trip. I informed the caller that an unreimbursed 1300 mile trip would impose a major financial hardship on me and my family; and asked if a closer location couldn't be arranged. She informed me that she would check and get back to me. I heard nothing for several months. In June 2015, I received notice that the deferred claim had been denied because I had failed to appear for the 2nd C&P. The denial was dated January 9, 2015 but not received until early June 2015. Since all my VA calls are logged, recorded, transcribed and translated into Spanish, I was able to reach the "rater" immediately. He could not explain the use of the ancient address used for the C&P notice nor the delay between the actual denial and receipt of the denial award letter. However, he insisted on sending me a copy of 2nd C&P notice and the USPS "Return to sender" stamped envelope, which he did. As you can tell, I was really impressed with this guy's attitude and professionalism. It was real refreshing!
So now as it sits, everything but the 2nd C&P notice was sent to the correct address (hasn't changed in 15 years!) and the denial was based solely on failure to appear.
Well friends, what's my next step? File a NOD and get in line in the rapidly expanding "Appeals" backlog; IRIS a complaint and ask for a reconsideration; call Sen. McCain's office, or just say "Screw it" and wait for the next life? I was going to write to Allison, but that route is now gone with her resignation.
Very interested in any suggestions!
Semper Fi
Edited by GuaymasJimLink to comment
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GuaymasJim
In June 2013 I was awarded SC Agent Orange IHD and PTSD claims with SMC (k) deferred. About a week before the $ hit the bank and the award letter, I had received a telephone call from a gentleman who
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