DRO - Appeal - Preparation for Decision

[az arr]

In July 2016, I filed for a disability claim.  I have been out for over 20 years, it was not until I was refinancing my home last summer that I was told that I could still apply for disability compensation for my shoulder.  So I waited over 20 years to make a claim. My military medical records show that I had a major shoulder surgery while on active duty.  

 

In October 2016, my claim was denied based on no service condition and not chronic. Prior to the denial, I was never offered an C&P exam.  

 

I timely appealed in January 2017.  My appeal included a medical record to demonstrate the current disability and I requested a C&P exam.  

 

Today (June 2017 - about five months since my appeal was filed), ebenefits states that the status of my claim is "preparing for a decision." 

 

I know, that means I should get something in the mail soon enough, but the curiosity in me wants to know sooner versus later.  

 

Based on everything I have read on the boards, five months is too quick for any decision to be made by the VA appeals/DRO.  (If it matters, I am in Phoenix).  

 

My question is a procedural question:  If a C&P is ordered, would it be preparing for a decision before the actual exam?  Does preparing for a decision automatically mean that the DRO/Appeal has been denied?  Or does preparing for a decision reflect that a C&P is ordered?  

Follow up:  If a C&P is ordered, does it stay in DRO or go back to regular claims track (which are supposed to be quicker?).  

 

Finally, how long after preparing for decision should I receive some notice from the VA?  Can I call the VA and will they tell me what the status is? 

[broncovet]

A C and P exam wont be ordered in at least two cases:

1.  You already have sufficient evidence to award benefits, and no C and P exam is necessary.  YEA

2.  You are missing "something" that a C and P exam wont fix.  For example, you do not have the requisite discharge, the requisite service, or, maybe you lack one of the three Caluza elements that can not be fixed by a c and p exam.  A C and P exam can not "fix" no in service event or aggravation which is "one" of the three Caluza elements.  The other 2 are current diagnosis and nexus.  A C and P exam could possibly give a diagnosis, and it may even provide a nexus, but it wont provide an "in service event".  

[Buck52]

I don't think you will get a C&P (even if you requested one) if the VA has your claim in   ''Prep for decision''   they are figuring it out now.

usually if you have a rep  they will be informed of the decision before you and send you a letter advising you unofficially of the decision.

   It could be an Approval or Denial, either way you can always disagree with the decision.

to keep your appeals going you need to File form 9

 to check the status of your claim you can call the 1-800 # or check on e benefit's 

  This claim is in Appeals & you have representation check with him/her.

Edited June 29, 2017 by Buck52

[broncovet]

I agree with Buck, but to remind your self, you need to tattoo this on your arm:

Quote

Ebenefits is unreliable and can not be counted on.  

It can go from "preparitng for decsion" back to "gathering of evidence", sometimes, 3 times or more.   I have responded to posters where something similar happened in ebenefits.    This is at least the second time I have been in the status, "With Veterans law judge" on ebenefits.  

Edited June 29, 2017 by broncovet

[Gastone]

While you await the Decision Letter, more info would be very informative. Could you post a redacted copy of your Denial Letter, including the "Evidence Reviewed for Decision" page?

Have you set your VA Direct Deposit Bank/CU account to Txt & Email you real-time regarding all Financial Transactions? If a DRO Decision grants an Award, the Retro will hit your Account well before (2 to 4 Mos) the Decision Letter Arrives.

With a DRO Review, you won't know if your Post Denial submitted Evidence actually qualified as N & M Evidence, not GOOD. If the post Denial Evidence doesn't meet the N & M Evidence requirement, a DRO Administrative Denial is forthcoming. The DRO Denial Letter and SOC (Statement of Case) actually seems to take longer to issue than just an Award letter.                 Semper Fi

[Gastone]

Sorry, forgot to mention that you could file an Official Request for an "Informal DRO Evidence Conference."  This would give you an opportunity to discuss in person, the quality of your Post Decision Evidence submitted. The DRO could tell you exactly what it would take to get the AWARD. If the N & M Evidence you've recently submitted "Seals the Deal," the DRO could issue an Award at that time or shortly thereafter. Worth a try, at this point you have nothing to lose, right?

Semper Fi

[az arr]

Thank you for your interest, unfortunately, I cannot upload images (maybe because my account is new).  

 

The denial of my initial claim states: 

There is a record of in service treatment  "but the evidence does not show chronic disability during service nor after active duty.Therefore service connection is denied." 

 

The evidence listed my Navy medical records, DD214, my initial claim.

 

===

My appeal/DRO included results of an objective doctor's exam (testing ROM and strength of shoulder).   And an explanation by me as to limitations since my shoulder surgery at Bethesda in the 90s.  

 

I think I provided enough evidence to demonstrate chonicity (however, I did wait 20 years to file - and the VA might be taking the position that I am just an old fart now and things break down as we age).  

 

Again, thank you for your interest.