Deferred Claim closed without decision

[EODCMC]

Ideas anyone?

·         Claim #1 Musculoskeletal

o   09/28/2017, Claim Opened

o   01/25/2018, Claim Closed

·         Claim #2 Skin Condition

o   11/02/2017, Claim Opened

o   11/06/2017, Claim Closed (Combined with Claim #1)

·         Decision Letter of Jan 26 2018

o   Denial for Claim #1

o   Claim #2 it states “ A decision on entitlement to compensation for Skin Condition is deferred”

o   I had a QTC C&P exam for this on 02/01/2018

·         From that point on I had no visibility of Claim #2. On e-benefits it indicated closed but I was never given a decision. I visited the VA and they said it was odd and a mistake had been made. They suggested that I submit a 21-4138 requesting they continue the claim. I did this on 02/09/2018

·         The following day it went up on E-benefits as a REOPEN, UNDER REVIEW, Estimated Completion 11/12/2018 – 10/30/2019

It should never have closed to require reopening. It still just sits there with the same estimated timeline. I’ve never had a timeline that went out that far nor sit Under Review this long. Any suggestions?

[EODCMC]

Thanks Berta, that is what I thought; however, my VSO is skeptical. If they come back with no increase for 1 nor 2 and no resolution for 4, do you think this is just cause for a CUE?

The VA's confusion is confusing me. I don't see anything positive when the VA merges claims. It just offers another chance for human error. To add to this perfect storm, my VSO rep changed mid-stream. She is more confused than I and seems a bit aloof and detached.

[Berta]

From your first post:

"Claim (1) - Squamous and Basil Cell Carcinoma's; Closed with service connection

- Claim (2) - Dermatitis; Closed with service connection

- Claim (3) - Cervical Issues; Closed  denied service connection

- Claim (4) - Actinic Keratosis, Combined with Claim (3); was Deferred on denial of Cervical Issues, and promptly closed without a decision

3 Times I asked to reopen Claim (4) but they reopened Claim (1) !!???!!"

and this :

 "If they come back with no increase for 1 nor 2 and no resolution for 4, do you think this is just cause for a CUE?"

You can appeal a denial for # 1 and # 2.

As to # 4, if you can show the actinic keratosis was unrelated to the denied cervical issues,yet deferred and closed -you should still have received a decision.

I don't know how a CUE could be filed ,without a decision that might contain a legal error.

This has happened before at hadit -maybe this thread would help?

 

 

[Berta]

Is it possible that the VA asked you for New and Material evidence, and they didnt receive anything-or  Did you miss any deadlines?

They really dont close a claim without some reason they tell the claimant about.:

https://www.veterandisabilityblog.com/blog/what-new-and-material-evidence-means-for-a-closed-va-disability-claim/

"I have been working with a VSO the entire time with no luck. I presume they are going to deny an increase for Claim (1)."

Did you file a NOD on the decision and send them any evidence that shows the rating should be higher?

"Will this be cause for a CUE?" Yes ,possibly , if the original rating was legally wrong but we are in the dark here-----without seeing the decision on that claim.

Can you scan and attach the decision for # 1 to include their medical rationale and the evidence list?(cover C file #, name prior to scanning it 

 

[Buck52]

This happen to me in 2002   they awarded me increase on my hearing loss and I had ask for tinnitus on the same date and granted TDIU w/P &T No future exams scheduled.

what they did they awarded the tinnitus on Dec-10 2002  and the increase was on March 17th 2003  so this cause concern for me on the EED For both

what they did they rated them both back to  in 1999 the date I first filed for the increase and tinnitus but the Effective dates stayed the same as above  according to my EOB in e benefits

Entitlement for IU is granted effective Dec 10 th 2002 According to my calculations the retro was correct.

looks like to me the Effective Dates should be the same on the increase and tinnitus?  but they show separate?  so I leave well enough alone.

it's been this way ever since with the exemption of another claim I filed in 2014 and awarded a 70% S.C.   This brought my rating up to a 100% final degree rating with SMC S H.B. & SMC K

[EODCMC]

Thanks Berta and Buck.

Berta, I missed no deadlines. The VA has admitted making a mistake by closing Claim (4) inadvertently after deferring it in the decision letter for Claim (3). But, they exacerbated the situation by reopening Claim (1)...another error. I had to do another C&P knowing full well that it was a dead end. The examiner didn't blink nor care. I will post a redacted copy of the pertinent docs over the week-end.

Buck, your experiences are a great help and provide a case study that is easy to relate to...thanks again.

On a good note, my C&P report came back positive for Bilateral Lumbar Radiculopathy...moderate on one side and  mild on the other. And, physical therapy; traction in particular, is actually helping a lot!! I am buoyed with enthusiasm...knock on wood.