NOD Question

[Uno]

I filed a NOD sometime ago and after sitting there for a year or so It came to life in Jan 2018 and a new C&P Exam was requested which was completed on FEB 2 2018,  The question is since it has been a few months with nothing is it a safe bet the they are preparing a SOC or does it actually take this ling to get back to reviewing the C&P Exam?

 

 

[Berta]

The VA is  always slowwwww.

Have you been able to get a copy of the C & P results? Is it found in your ebenefits account?

 

[Gastone]

Associating, Safe Bet, I Assume, or any other such guesswork with VA Claims, DROs or BVA Appeals; is like using the Old Black 8-Ball to determine IF and When.

Did you request a DRO Review or DRO Hearing? What New & Material Evidence have you furnished with or since filing your NOD?   Can you post a redacted copy of the Recent C & P DBQ?

Ask your POA-VSO to review your C-File for any Rater's updates? If a NOD Denial is continued, it could take 4 to 8 months for an actual Denial Letter with SOC included to arrive.

[vetquest]

If your C&P was done by the VA you can go to the VA hospital personally and request the report and walk out with it.  If your C&P was done by a contractor you need to request it at the VA records office and it will take about three to six months.

[Gastone]

Help me with my reverse mat, 01/18 NOD New C & P, "Year or so" NOD Pending = Mid to end of 15 NOD Filing; so Appealed Award Issues Decision Letter received Mid to end of 2014, am I close?

That would put the SC's associated with this Claim as being held less than 5 years, correct? If so, any SC Held for less than 5 years can (Unless it's a100% Rating) be reduced based on a current DBQ, no need for the Rater to Review your VA Med Record for continuity of Improvement.

[Uno]

18 hours ago, Gastone said:

Help me with my reverse mat, 01/18 NOD New C & P, "Year or so" NOD Pending = Mid to end of 15 NOD Filing; so Appealed Award Issues Decision Letter received Mid to end of 2014, am I close?

That would put the SC's associated with this Claim as being held less than 5 years, correct? If so, any SC Held for less than 5 years can (Unless it's a100% Rating) be reduced based on a current DBQ, no need for the Rater to Review your VA Med Record for continuity of Improvement.

You are very close to exact on the dates. Funny thing about review or hearing.  When I did some reading on DRO it sounded like the process was Informal hearing to discuss what's needed, Review by DRO the Hearing to discuss what's decided.  The more I read here on this site everyone seemed to talk about picking hearing so I checked my form and there is no checkbox for DRO Hearing just BVA or DRO Review.  So recently I typed a letter requesting an informal hearing to discuss what's needed.   

 

I will post the opinions but before I do let me give you a summary timeline. These are very important dates when you begin to read the opinions

1987 medically discharged from Army for Subluxing Bicep Tendon Bilateral

1988 confirmed in VA exam

1990 Confirmed in VA Exam but not impacting range of motion

1993  appears original condition has resolved itself however left with significant rotator cuff grating and impingement syndrome in both shoulders right worse than left

2014 shoulders progressively worsened over the years right worse then left.  opened claim for right shoulder and was awarded 20% for impingement syndrome and 20% for shoulder instability.  This exam was done at the Gaylord medical center about 20 miles from my house.

2016 Left shoulder began catching up to right shoulder, opened claim for left shoulder.  C&P exam found Osteoarthritis, impingement syndrome, torn rotator cuffs, guarding all shoulder movements, crepitus, Flare Ups and so on.  This exam was done in Clare 1.5 hours away as the PA in Gaylord no longer works for the VA(wonder why that is).

end of 2016 denied service connection for left shoulder filed NOD 

2018 Another exam requested for NOD went to same NP in Clare MI and she found nothing wrong except for Impingement Syndrome and Osteoarthritis,  Even the Crepitus was gone.

today birds chirping.

L Shoulder va Opinion 6-24-16.pdf

Dr letter IMO redacted.pdf

L Shoulder Opinion2018.pdf

 

[Gastone]

The Jan 2016 DBQ indicating "Less likely than not" is never good.

Did you do your NOD as a DIY or with VSO-Rep assistance? No POA-VSO, might be time to sign up with local VSO-Rep. They can pull up your VA C-File and check DRO Appeal Status.

You're somewhat late regarding specifying which type of DRO You want. Failure to specify the DRO Hearing Route automatically locked you into the DRO Review, not good. A DRO Decision may have already been completed, the problem being it can take up to 8+ months to get the actual Award/Denial Decision, longer if it's a Denial of any NOD issue requiring the completion and attachment of a SOC (Statement of Case).

Be sure your specified VA Comp Direct Deposit Bank/Credit Union account is set to Real-time Txt & Email you regarding all Transactions. Any Retro Award will hit the Bank well before the Award Letter.