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? 

[vern2]

4 hours ago, broncovet said:

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

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.  

Agree with Buck. I used eBenefits for long time, but never trusted what was in it. same for Peggy. In fact, if asked question of Peggy and then eBenefits, never got the same answer!!

 

I used to submit eBenefits questions if I was bored and nothing to do- (I am retired), just to see what weird response I would get.

[broncovet]

This may help with the issue of chronicity and continuity.  Its been a while but I recall reading you need to demonstrate chroncity and continuity of SYMPTOMS, not treatment.  That is a big deal.  

Just because you dont run to the doc every five minutes, does not mean the malady has gone away.  

https://www.militaryveteranlawyer.com/2008/10/chronicity_and_continuity_for.html

Better yet, read Berta's take on it:

 

[vern2]

34 minutes ago, broncovet said:

This may help with the issue of chronicity and continuity.  Its been a while but I recall reading you need to demonstrate chroncity and continuity of SYMPTOMS, not treatment.  That is a big deal.  

Just because you dont run to the doc every five minutes, does not mean the malady has gone away.  

https://www.militaryveteranlawyer.com/2008/10/chronicity_and_continuity_for.html

Better yet, read Berta's take on it:

 

The state of being chronic or lasting on a long-term basis.

 

What is a Chronic disease? Please explain what makes a disease be considered chronic?

A. If a disease lasts for a long time or for your life time, it's considered a chronic disease. A person with a chronic disease needs to manage it and treat it all the time.

copied from medical dictionary: Medical Dictionary for the Health Professions and Nursing © Farlex 2012

 

[R3dneck]

Typically over 6 months.

[TFORD67]

 THE VA,   RECEIVED MY CLAIM  DEC.10 2018   VA SENT ME TO C&P FOR CLAIM BUT GAVE NO DESCIONN OR EXPLANATION  TO 5 OF THE 6 CONTENTIONS AND THE THEY CLOSED MY CLAIM.. WOW>>....PLEASE DO YOU HAVE ANY INSITE  U CAN SHARE 

THE CLAIM INVOLVED THE REQUEST FOR  AN INCREASE TO BE CONSIDERED ALSO AN EARLIER EFFECTIVE DATE BE GIVEN. 

REASON BEING MY VA MEDICAL RECORDS SHOW THIS CONDITION YEARS PRIOR "AND" THIS INFORMATION WAS STATED IN A 2012 VA COMP AND PEN EXAM...ALSO IN THERE DECSION ON LETTER THE VA GRANTED ME 10% FOR TARSAL TUNNEL "ANKLE" WITH NERVE ENTRAPMENT ..C&P EXAMINER EVCALUATED THIS AS BAXTERS NERVE ENTRAPMENT ,,..QUESTION ISNT THAT TWO SEPERATE AWARDS .THEY DIDNT ADHERE TO THIS FACT TWO DIFFERENT D.CODES BOTH SECONDARY  CAUSED BY SC.. 

 

THANK YOU.. DC3

FIRST RESPONDER

CV-63