Denied everything.

[Andyman73]

I know it's not official until you get the letter in your mailbox, but I just looked on ebennies for the first time since last Thursday and saw all my current contentions are denied. 

This is after I spoke with the VARO on the phone, and after she said which one's were go and which were no go.  Even the one the examiner wrote at least as likely caused by another SCD!  And she said it would be granted, probably only at the 10% level.  It was supposed to be a secondary, but ebennies shows it as primary.

Anyone got a one way ticket to Mars they aren't using, cuz I already been to Death Valley!

 

[Buck52]

Andyman

good advise above

 Just wait until you get the official letter '' if ''your denied on all your contentions  post their reason and bases for the decision

you are entitled to a new C&P  if you feel the one you had was inadequate , although you may need to get Private specialist to  examine you and give his/her opinion (it could be well worth the $$)

do you happen to have a copy of your C&P?

I don't think the rater (varo)  should have stated ''I can't go against the examiner'' (jmo) raters are suppose to look for inadequacies, although they rely on the C&P Examiners opinion its there job to make sure all evidence was considered , in your case its obvious it was not.

so sorry your having to go through all this BS I think most of us have been there at one time or another

Just hang in there and keep fighting them Buddy

...............Buck

[Navy4life]

Andyman;

I am sorry about the frustration you are having.  Too many of us are all in the same boat!  I feel your pain and it sucks when we know for a fact that we had these issues while on AD.  I read this thread and there is some solid advice here.  As soon as you get the decision letter, post it for all the experts to review and I am sure you will have some great advice/feedback.

Hang in there!

[broncovet]

Believe it or not "everything denied" is not always the worst result!!  Let me explain with some alternatives:

1.  Lowball.  The VA can approve you at 10% or even 0% and its often more difficult to get an increase than it is to appeal a denial.  YOu have to show the condition got worse.  What if it stayed the same and they just lowballed you?  The end result is that lowballing may cause you to have to wait until your condition gets worse, sometimes for decades.   

2.  Remand.  Sometimes this is worse than a denial, because you can not appeal a remand, you simply have to wait it out until its awarded/denied.

3.  Awarded, with wrong effective date.  

     Each of the above often means you have to chose between "just barely getting by" and long torturous appeals.  With a denial, its clear cut:  Appeal.  No decision from the Vet needed, just appeal.  

     I have had all 5:  Award, lowball, Remand, and award with the wrong effective date, and denied.  Denial was the simplest, shortest appeal.   

    Even worse than all was they said it was "moot".  So I go to the board which took 6 years, and they decided its "not moot" and now I am back to square one, with 6 years wasted.  

Edited February 1, 2016 by broncovet

[Andyman73]

Thanks, guys, I appreciate your words and support.  I guess the things that really get me is the VARO told me 2 would be granted, and that the 2 that had entries in my SMR don't even rate an exam because I've not been given a DX of either. 

One was filed as secondary, but ebennies lists it as a primary...and that was one of the ones she said would be granted, and examiner opined was caused by a primary contention already SCd.

I do have copies of the first exams, from Oct. 30th and Nov. 3rd.  Took till early January before I was able to get them.

pwrslm,  I had sent in maybe 2 dozen pages of medical evidence and VA prescriptions showing treatment for pain, but that certainly can't be good enough to show chronic pain, right?  Guess not...as far as the VARO was concerned.

Been nearly 2 weeks since I emailed Sec. McDonald...no response from anyone.

Andy

[Navy4life]

Andyman;

That is what pisses me off!  When a VARO get's a Vet's hopes up!  They should never tell you that a claim is going to be granted.  That gives the Vet false hopes and only pisses the Vet off even more.  Hang in there!

[Andyman73]

Navy4life,

Nothing like being lied to your face to make you feel loved and appreciated.