Appeal Due To Missed C&P Exams

[Guest DocCarter]

Hello all,

I am new on here and have been reading information but haven't quite come across my specific issue. Well here it goes:

Initially filing my disability claim after exiting the service, the claim was denied due to the appointments I had missed. I never received notification of the appointments and was not actually aware that I needed to have appointments since all of my records are electronic. So when they made their decision to deny all of my contentions, it was based on the fact that they didn't have the evidence they would have received from the C&P examinations. So my VSO filed an appeal for a DRO review to get the appointments rescheduled, and this was filed in September of 2013. 

So my question is, because there still has not been any movement on the appeal, and I have accumulated evidence pertaining to those contentions now, how much longer should this process take if I just have to have these appointments schedules and include my new evidence? 

Since the filing of my initial claim, I have attempted to reclaim these contentions, but because they are currently in appeal status, they are being gathered with my appeal, resulting in no decision, so essentially I have to wait until this appeal is completed before I will see any service-connections for my disabilities. 

Would it be wise to continue gathering evidence and documentation from physicians and providers? 

 

Thank you in advance for all help and advise. I really appreciate it. 

[Gastone]

What does your E-Ben account say? What does your VSO Honcho have to say? Have you forwarded any and all, Post Denial Decision New & Material Evidence, to the VA, US Mail Cert Retn Rect? 

Requesting a DRO Review with your initial NOD, could help or hurt. All DRO Requests, Review or Hearing, can be Administratively Denied, if the mandated post Denial Decision N & M Evidence isn't submitted by the Vet. At least with the Official DRO Hearing, you can submit the required N & M Evidence at the time of the Hearing. Not so, with the Review. You could get the Admin Denial and an SOC, not good, next stop BVA.

Post a redacted copy of your Denial Letter and the subsequent NOD filing.

Semper Fi

[Navy04]

Welcome aboard, and what was the reason for the No Shows? Did you move or not keep up with it? Also, I dont know why Vets have to Appeal everything. Just reopen the Denied claim, with the new Exams and Medical Evidence and Service Connection will be granted. I was denied a handful of issues at first. Instead of Appealing and waiting for years, I just reopened and all but a few were granted and at High %s. Sorry to say bud but depending on the State and the Back Log, these Appeals can go on for years. I know of a few personally that have been over 5 years. Good luck and keep us posted. God Bless

[waccamawwild]

Navy04 gives good advice.