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.

[bcnandprn]

Well, after talking to the DAV today, it turns out that the SOC is for two conditions that were never even evaluated on my new C&P exams, so I'm still waiting on decisions for the claims that were actually evaluated on the new exams.  My original claim listed the following:

Chest pain, CFS, knee problems, back probem, ptsd, ibs, and migraines.  They denied all of them with the absolute worst written letter I have ever since (blurb errors and discrepancies throughout the entire letter).  I then filed a NOD for everything, except the back problem because I accidently left it off of my NOD (a mistake that I'll probably pay for, but I can't blame the VA for that one).  Then 2 years went by without a word from the VA.  About a month ago, the VA called to set up new C&P exams, at which time I found out that CFS and the chest pain were not included, so I decided to just focus on what was still on their list for now and then come back and fight the other battles later.  

Yesterday when I called the 800 number to update my address, the lady I spoke with said that they had sent the SOC, so I got a little panicky.  It was suggested that I contact the DAV to see if they had a copy of the SOC and since I couldn't reach them via phone, I sent the following email:

“Thank you for talking with me last week about what I should do at this point in my appeal process.  I spoke with someone at the 800-827-1000 number today to update my home address and she said a Statement of Case was mailed to me yesterday and someone suggested that your office may have received an electronic copy, so I thought it wouldn’t hurt to check.  I’m not exactly sure what an SOC is, but I’m assuming it’s not a good thing based on what I can find on Google.  If you happen to have a copy, then are you able to tell me what’s on it?  Thanks so much for your time and help, I really appreciate it.” 

This was his response this morning:

 

“The SOC is in your files. It was not a positive decision so when you get it we have appeal rights that need to be done. The response time is limited so when you get the SOC make time to come see me.”

 

Based on his response and lack of information, I was really stressing out, so I called him right away and asked him what it said, which is when he said it was for the chest pains and CFS, but none of the other conditions that were on my most recent C&P exams were listed on the SOC.  It appears that I'm still waiting to see what happens with the other claims.  I do think I want to switch representation because I feel like I'm having to pull teeth to get any information out of my DAV officer.

 

 

 

 

 

Edited December 16, 2015 by bcnandprn

[Vync]

Well, based on Asknod's info, we can assume the claims for which you had C&Ps are still being worked (I hope!).

 

Do you have evidence of chest pains and CFS in your service treatment records? The VA is famous for denying claims because they "service treatment records are silent for {insert conditions}." Some raters will only request C&P exams for things they are able to confirm in your service treatment records.

I am not saying this is what happened, but am trying to think of the most logical reason why they would take this approach.

[bcnandprn]

Vync--that's what I'm assuming and hoping for as well.  I know that I have service records for CFS.  The chest pains I was actually going to just roll over and die with since it seems to have mostly disappeared at this point and it's not worth the fight.  The CFS I'll probably fight later since my civilian doctor has run every test under the sun and has now diagnosed Fibromyalgia since all the tests came back normal.  I've been hesitent to even mention it because it makes me feel like a hypochondriac and I HATE that feeling.  Then again, I also hate feeling tired, having tingling hands and legs, getting dizzy, etc. too.  Sometimes I feel like it's a lose-lose battle and this girl is flat exhausted.    

I absolutely agree that a lot of us tend to play the tough card or risk being recycled or seen as weak, but then the VA "punishes" folks for this.  My last C&P examiner mentioned that she sees that type of thing all of the time.  In her own words, she stated, "You're all the same" and she wasn't being derogatory toward the service members. She also mentioned that it was insane that even though I marked all of the same problems on two separate post-deployment health assessments, the military never referred me to any doctors for any of it.  I was young and dumb and didn't know any better either.

Furthermore, I asked her about the back problem not being on the exam and while she couldn't add it, she essentially said that the reason they denied it as being service connected was bogus.  My back x-ray completed by the VA in 2012 showed mild osteoarthritis; however, they denied it by stating that it had been caused from riding horses when I was younger.  The examiner said, "if you didn't have it when you entered the service or they failed to find it, then it's service connected".  I may be crazy, but I can't imagine why carrying full battle rattle in Iraq for 15 months would cause osteoarthritis in my back (full sarcasm intended).

[FormerMember]

Hey, I have fibromyalgia for 40% and I'm not even faking it. Feels like a taser in about half my joints on any given day. Never seen Iraq. It's secondary to something. 

Never abandon or wait on anything-ever. You just lose and your indifference is used against you. Get the magic nexus letter and file it. Or send it in and let it fester for 8 years. Then file. They hate that.

[bcnandprn]

asknod--I totally understand what you mean about the taser feeling.  My arms and hands literally feel like they are asleep all day long even when I shake and shake them and then it will hit my legs.  I also get a burning sensation on my skin (like the feeling you get when you use paint thinner and it accidently gets onto your skin).  It's so frustrating trying to get rid of the feeling when nothing helps.  My doctor prescribed Lyrica, but now I'm stuck in between the doctor and my insurance because the doctor refuses to write a script for the generic and the insurance company keeps demandng that I try the generic version first.  Sometimes I'm so uncomfortable all over from various symptoms that I get really grumpy and then I feel guilty for being grumpy.  I feel like I'm on a vicious cycle.  I do plan to file for Fibromyalgia, but I was told by the DAV that I should wait until I get a decision on my current appeal.  He said if I filed new claims now that it would delay the decision on the current pending claims.  Is that incorrect information though?

Btw, I hope that everyone knows that I wasn't implying that Fibromyalgia isn't real, I just meant that when I constantly go to the doctor with this symptom or that symptom, then I start to feel like I'm being a hypochrondriac, especially when it seems like a lot of people don't believe you because the symptoms aren't observable or even really measurable in normal medical ways.

[Andyman73]

bc,

I do believe you about your fibromyalgia, I recall my mother enjoying it more than 30 years ago.  The only thing she is a veteran of is being married to my father, a 24 year career Army, disabled Vietnam combat Veteran.  She suffered with it for many years, as far as I know, still does( the fibro, not dad! )