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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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Navyguy2013

Results from email to VA secretary

Question

I just wanted to share.

So far it seems my email to the VA secretary about my 4 year old NOD has produced no actual results. I emailed the VA secretary about my NOD over 2 months ago. I got a call from the RO office about a month after that. The guy on the phone was pleasant. He told me I was getting the call from him because of my email to the VA secretary and that my claim was pretty old. He had already assigned my claims to a female claims officer and they had most of my C&P exams. He also told me to expect results in about 30 days as this was a VA Secretary Inquiry case. After the phone call I faxed in all of my C&P exams.

Fast forward 40 days, I get another phone call from the same guy, going through a carbon copy of what he said the first time, almost word for word. I did not interrupt him as I wanted to see if this was another BS session.  He said they would assign a claims officer soon, and that they had gotten all of my C&P exams. Odd that they got all of my exams on the same day I had to send them to them. These exams are in the VA system, yet it seems they cannot get them all by themselves. I reminded him of our first conversation, and asked him what happened to the first claims officer that was assigned to my claims. He gave me no good answer. So, I am not very confident that my email to the VA secretary really did anything. I think the RO office is just going to call me every so often giving me a BS story, and my NOD will just languish as it would have without my email being sent. Well, at least the VA is consistent…

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"Four-year-old NOD," DRO review, DRO Hearing or BVA (Type?) Hearing requested?  4+ yrs on a DRO Hearing Date or 5+ yrs on a BVA Docketed Hearing are not that unusual.

Do you have representation, Lawyer or VSO-POA? Your VSO can look at your C-File for "Diary Dates," just need to ask him.

When was the last New & Material Evidence submitted?

Semper Fi

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I filed a NOD via a "de novo" review by a Decision Review Officer (DRO). My NOD was filed because all of my claims from 2013 were denied for failure to show up for the C&P exams. I never was told when or where my exams were, so I never went to them. Years after I filed my NOD I was scheduled for and went to my C&P exams. As I get them, I send in my current medical records of treatment and tests to the VA intake center. I do this via fax and by certified USPS mail. But I have no way to see if this data is being logged into my records. I have sent in a FOIA for my C-File, but I figure that should take about 10 years to show up.

I have representation by the DAV, if you can call what they have provided me so far as representation. They are useless, I have had to do everything myself. They have done NOTHING for me and my claims. I cannot get a hold of them, I cannot even get in touch with them to make an appointment. Their office is over 2 hours away in the bowels of Baltimore MD so it’s not like I can just show up at their office. I would drop them as my representation if I could figure out how to do that.

I realize many other NOD’s are just as old, or older than mine. I am trying to be the squeaky wheel here. To me, the amount of time the VA screws around with all of our claims, and appeals is unsat.

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I have sent in a FOIA for my C-File, but I figure that should take about 10 years to show up."

It might. I have always recommended here to use the Privacy Act 5,USC 552, for those requests.

VA records on you,belong to you ( C file, Med recs) . Outsourced C & P exams belong to the VA until they make a decision.

FOIA is only for records that belong to the government. A totally  different process.

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Do you use ebenefits on line?

Can you scan and attach here their last decision you Nodded? Cover C file # ect prior to scanning it.

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Berta,

All of my claims were denied for failure to report to C&P exams. Ebenefits does not show any data on my NOD other then when it was filed. I do have the denial letter from the VA, it just says all of my claimed disabilities were denied due to failure to report to VA examinations for no valid reason.

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