NOD, New C&P Exams, I'm Confused--Please help!!

[bcnandprn]

I'm super confused about where I am in the appeal process and what I need to do at this point.  Unfortunately, the DAV hasn't been very helpful with explaining things to me either, so I really feel lost in the mud right now.  I'm hoping some of you can help me or at least tell me who I should be contacting and/or what questions I need to be asking.

I filed a NOD that was received on 11/27/2013 and then the VA went MIA for two years.  Last month (November 2015), I received a call from the C&P department at the Kansas City VA Hospital to schedule new C&P exams and have now completed all of the new exams.  The exam notes have been completed in eBenefits and eBenefits still shows 11/27/2013--Appeal Pending-Notice of Disagreement--The VA will notify you of the next steps.  I'm guessing that the "next steps" were attending the new C&P exams and that there hasn't been enough time to update eBenefits yet.  I also realize that I probably won't get a decision any time soon, but what are the next steps after the C&P exams are complete?

In both exams, the examiner notes state that the conditions were just as likely as not service connected with further annotation of civilian doctor visits, frequency of flare-ups, severity, etc.  While I would love to know what level, if any, that each condition will ultimately rate out at, I know there is a lot of room for interpretation, so I'm not even going to ask for guesses on that.  I just want to know what the next steps are to try and understand where I'm at in line for a decision and what type of questions I should be asking when I call the 800-827-1000 number.

I've also moved since filing my original claim and eBenefits will not let me update my address online, so I've tried calling the 800 number but the system hung up on me after telling me that they had high call volumes right now.  While I do not receive compensation right now, eBenefits also shows an old bank account that I no longer use and I honestly do not remember the account numbers for it either, so I'm not sure how to get anything fixed.

I am feeling extremely overwhelmed and exhausted by all of this because I had no idea what to even begin to ask.  Thank you in advance for any suggestions you have.

[Gastone]

How difficult would it be for you to journey to your VARO and or VMC? A trip to either one, to update your "Direct Deposit" information, might serve you well.

One way or the other, a decision good or bad, is forth coming. Exactly how long your wait will be, is anyone's GUESS. I think your main concern right now, should be getting your "Direct Deposit" Bank or Credit Union information squared away and updated at the VA. That RETRO Deposit will usually hit your account 2-3 weeks before the Award/Denial envelope arrives.

Activate Txt & E-Mail notifications on your respective Direct Deposit account. You'll know almost immediately after the Reto $$, or for that matter any transaction takes place, deposit or Debit.

Now, let's say you can't seem to get your Direct Deposit account information updated and changed, by using the above recommendations. As I recall, when you complete a VONAP claim on your E-Ben site, your asked to update your Direct Deposit info. You could, submit an FDC requesting an increase, regarding 1 of your soon to be awarded SC's. By hitting the Submit Button, your New Direct Deposit information should automatically be updated.

Semper Fi

[Navy04]

Sorry to hear of your hard times, and I know this whole process can be overwhelming.  As stated above you need to fix the bank and address info asap. I have seen to many Vets have to wait for their money, because of small issues like these.   Also your C&P exam notes is what will be on MyHealthEVet.  Post those hear and we can atleast give you an idea. Good luck and keep us posted.  You should hear something in the next few months. God Bless

[bcnandprn]

I finally talked with someone at the 800 number and got my address updated.  She said that until I actually get service connected, then I can't add my bank information (my old bank info was for education benefits).  She also told me that an SOC was mailed to me yesterday along with a VA-9 Form.  She said that if I wanted to continue to appeal it, then I would need to submit the VA-9 within one year.  What in the world does that mean?  Does that mean they denied everything?

[Vync]

I finally talked with someone at the 800 number and got my address updated.  She said that until I actually get service connected, then I can't add my bank information (my old bank info was for education benefits).  She also told me that an SOC was mailed to me yesterday along with a VA-9 Form.  She said that if I wanted to continue to appeal it, then I would need to submit the VA-9 within one year.  What in the world does that mean?  Does that mean they denied everything?

It is difficult to say. You might try logging into ebenefits and check the letter generator. I'm not sure exactly when it might update your SC %, but it could be worth a shot.

If DAV is still your organization, you can call them. Normally, they get notified a bit before an SOC letter is sent out and they they often send out a separate letter too. It's difficult to say which letter might arrive first.

Crossing my fingers that you at least get some good news. However, no matter whether you get good or bad news, or both, in the SOC, don't trust them to rate everything properly. In mine, the rater couldn't accurately read ROM degrees and low balled my rating. If you have copies of your C&P exams/DBQ's, compare what's on them to the rating criteria to make sure you were rated properly.

The "as likely as not" should be adequate enough for SC.

[bcnandprn]

So, an SOC may grant some claims while denying others and it isn't necessarily only used for a denial on all claims that were listed?  The VA originally denied all of my claims and I filed the NOD, so they did new C&P exams for the four claims that I appealed (I inadvertently left the fifth one off of the NOD) and all four of them state in the notes, "just as likely as not" by the examiners.  With that being said, while I claimed my knees and have evidence that knee related injuries occurred during my military training, I still have pretty good ROM (120 flexion/extension), the examiner did annotate pain with the ROM, but overall, I'm blessed that as of right now, my biggest issues are fairly constant achiness and real pain with increased exercise.  They are achy and uncomfortable all of the time and that makes me grumpy, but I say I'm blessed right now in the fact that it could be much worse (which I'm guessing as I get older, it will get worse).  Anyway to make a long story short, I suspect that the VA may SC for my knees, but rate them out at a 0%.  The other issues I struggle with that the new C&P's covered are PTSD, IBS, and migraines, all of which were annotated with prior service records, civilian doctor visits, and/or my personal civilian counselor.

 

[flores97]

Bcnandprn, absolutely, an SOC does not neccesarily mean you were denied on all claims. It is my understanding that even if you were granted, if you were not awarded the highest percentage on your rating they will issue an SOC, for example if the max for a particular disability is 30% and they award 10%. I hope you get good ratings, and wish you and yours a Merry Christmas