Incorrect Info on C&P exam

[King156]

Sorry, I'm having a panic attack & it's greatly affecting my ability to hunt around on the search engine.

I've been on here & it's greatly helped me file 3 disabilities (2 of which went through in a few months & had great results)

However, I just got my C&P results from my exam last week & it appears the doctor put down that my disability does NOT affect my work. But my disability DOES affect my work & he never asked me that. 

My ebenefits says "Preperation for Decision"...is there a way that I can fill out a NOD or the Statement In Support of Claim AND upload it electronically into EBenfits?

 I'm reading conflicting advice on different forums & during my panic attacks I have limited ability to read through complex things & try to reason.

Thanks

 

 

[THOMAS89031]

1 hour ago, King156 said:

Sorry, I'm having a panic attack & it's greatly affecting my ability to hunt around on the search engine.

I've been on here & it's greatly helped me file 3 disabilities (2 of which went through in a few months & had great results)

However, I just got my C&P results from my exam last week & it appears the doctor put down that my disability does NOT affect my work. But my disability DOES affect my work & he never asked me that. 

My ebenefits says "Preperation for Decision"...is there a way that I can fill out a NOD or the Statement In Support of Claim AND upload it electronically into EBenfits?

 I'm reading conflicting advice on different forums & during my panic attacks I have limited ability to read through complex things & try to reason.

Thanks

 

 

King156...My opinion is to submit your NOD after they send you the decision.  Reason being, they will list reason(s) why

/how they reached that decision.  Then you can refute what is missing or incorrect.  Also, you might want to do some research on the DR. who did the C&P to see if he is qualified to opine on your condition?  (Kinda like to make sure he's not  a dentist giving an opinion on a heart condition) Who knows, they might surprise you with a more favorable rating than what you were expecting...  Thomas

[King156]

1 minute ago, THOMAS89031 said:

King156...My opinion is to submit your NOD after they send you the decision.  Reason being, they will list reason(s) why

/how they reached that decision.  Then you can refute what is missing or incorrect.  Also, you might want to do some research on the DR. who did the C&P to see if he is qualified to opine on your condition?  (Kinda like to make sure he's not  a dentist giving an opinion on a heart condition) Who knows, they might surprise you with a more favorable rating than what you were expecting...  Thomas

Thanks, I knew that sometimes it's better to file a NOD after the decision since they will list the reasons.

Really, my biggest concern was to get the service connection. But it would be nice to get a rating higher than 0% the first time around.

 

Either way, I freaked during my panic-attack & just emailed my primary care doctor...and the patient advocate...and QTC quality assurance....and the V.A. IRIS.....and filled out a NOD...and printed up a 21-4138...and started to email the nurse......I tend to freak out big during my panic attacks, if you can't tell.

 

[broncovet]

Dont submit a nod until after the decision.  You have to identify the date of the decision.  Instead, submit new evidence if you have it, or try to get your records fixed:

1.579 Amendment of records.

(a) Any individual may request amendment of any Department of Veterans Affairs record pertaining to him or her. Not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date or receipt of such request, the Department of Veterans Affairs will acknowledge in writing such receipt. The Department of Veterans Affairs will complete the review to amend or correct a record as soon as reasonably possible, normally within 30 days from the receipt of the request (excluding Saturdays, Sundays, and legal public holidays) unless unusual circumstances preclude completing action within that time. The Department of Veterans Affairs will promptly either:

(1) Correct any part thereof which the individual believes is not accurate, relevant, timely or complete; or

(2) Inform the individual of the Department of Veterans Affairs refusal to amend the record in accordance with his or her request, the reason for the refusal, the procedures by which the individual may request a review of that refusal by the Secretary or designee, and the name and address of such official.

(Authority: 5 U.S.C. 552a(d)(2))

(b) The administration or staff office having jurisdiction over the recordsinvolved will establish procedures for reviewing a request from an individualconcerning the amendment of any record or information pertaining to theindividual, for making a determination on the request, for an appeal within the Department of Veterans Affairs of an initial adverse Department of Veterans Affairs determination, and for whatever additional means may be necessary for each individual to be able to exercise fully, his or her right under 5 U.S.C. 552a.

[King156]

14 hours ago, broncovet said:

 Instead, submit new evidence if you have it, or try to get your records fixed:

1.579 Amendment of records.

(a) Any individual may request amendment of any Department of Veterans Affairs record pertaining to him or her.

Ok, thanks. Simple enough.

    By the way, the claim is in "preparation for decision" (the C&P was 5 days ago), so should I submit it through Ebenefits (where it allows me to upload documents for the claim) OR should I mail it certified-mail to the RO?

 

Edited August 24, 2016 by King156

[King156]

By the way, in case anyone needs to know what the form looks like: 

 

[john999]

I would get an IMO that says your disability does make you unemployable at least.  When you say it the VA's eyes glaze over but when board certified expert says it they tend to listen.  This is new evidence that you are creating for yourself.   I had IMO that said I was totally and permanently disabled.   The VA ate it up because the person who wrote knew exactly how to word it.   The VA accepted "word for word" my IME's opinion.  They should have since she was a senior psychiatrist at the VA here in Tampa.  The IME cost me nothing.