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I have several pending NOD’s (890 days and counting). How often do I need medical documentation of my conditions? My conditions are chronic and other than surgery or medications (both I do not want yet) the doctors cannot do much for my conditions.
Pending NOD’s include: Tinnitus, hearing loss, Sleep Apnea with CPAP, Degenerative disk disease cervical T spine, bilateral radiculopathy upper and lower extremities. All of these conditions positively documented on C&P exams of being service connected with Nexus.
Good question. This is a big problem. "Things change" in the 5 years or so it takes BVA to process a claim! This is what I recommend.
1. Submit "new and material evidence" if applicable. For example, your conditions have worsened, even if you have not been SC'd for them the first time, but you anticiapate you will upon appeal.
2. Let the VA do their job. Its the VA's job to request new records, if its been 4 years since your C and P exam.
3. Possible is a Fenderson (staged) rating if your coniditions worsen during the long appeal stage.
4. Make sure you have signed medical release forms for your new medical evidence.
In past posts you mede here in June and July 2017, you mentioned these claims had been denied because you were unaware of C & P exams scheduled and you were a 'no show.'
If your C file reveals the VA never sent you any appt info, you might be able to use that to argue their denial.....
Hopefully you put that proof in your NOD- meaning the absence of any contact letters regarding C & Ps from VA.
But today you posted:
" All of these conditions positively documented on C&P exams of being service connected with Nexus."
So do you mean since July 2017 they gave you all of these C & P exams?
And if so, those exams that were done at a VAMC (compared to a farmed out exam) are available to you and they will reveal your chances for service connection.
Berta, thank you for your feedback.
Unfortunately I have no way to prove that I was never contacted by the VA for my C&P exams. After I was denied for my original claims, I submitted my NOD, stating that I was never informed of any C&P exams, and that is why I did not appear at the C&P exams. Back in January of this year, the VA scheduled me for all of my C&P exams. I made it to all of these exams, one was even over 4 hours travel time away from my house. These exams were not performed by the VA, they were contracted out to a VA contractor (LHI). I have copies of these exams, and I have posted these to this site as soon as I got them. I am still waiting on my C-file, apparently it takes years for this to actually show up to me. That is a good example of the sad state of affairs if it take years for your own historical information to be delivered to me.
Yes it sure is a sad state of affairs.....
I was going to try to find your past posts in different threads but have no time to do that.
If they were favorable and your service nexus has been established best to just wait for the DRO review.
When were the multiple C & P Exams conducted? Could you post redacted copies of the C & P DBQ's? An Appeal pending (BVA or DRO Hearing) under 3 yrs is not uncommon. Which did you choose? The only Medical Records that the RO or BVA will be concerned with will be those pertaining to the NOD'd Denied issues that were or should have been (EOR) "Evidence of Record" on the Date of your Denial Decision. Easier to ask then go back and read your prior posts, HTF did you miss the multiple C & P Exams required for your original claim? If your C-File is still with your RO, you might give consideration to requesting an "Official DRO Informal Evidence Conference." See the VA M-21 regarding the DRO Process. A DRO can make an Award at an Informal evidence Conference. Semper Fi
I did find this C & P exam you had:
And it did contain the service nexus statement but I have no idea how the VA will rate this.
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