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?

 

 

[Uno]

4 hours ago, Gastone said:

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.

Ahh but what I keep in mind are the dates,  you see she keeps wanting to base her opinion on impingement syndrome first diagnosed in 2015 but the fact is it was 1993.  I even pointed out during the initial claim that impingement was first diagnosed in 1993 and VA should have asked that Dr. if it was connected and they dropped the ball on that so we are now sitting at a 50-50 chance that he would say it is.  The problem is nobody wants to read that part of the exam which is why I keep filing paperwork for them to change the date for rotator cuff issues and impingement to 1993 but they just ignore my request to update records.  The only reason I have that exam is because of the VSO, the VA kept telling they gave me all my records and they cant find one from 1993.  That's why the opinion says my last exam was 1990 then next was 2014. I used a VSO for the initial claim but turned in the appeal on my own as she just didn't have much use to me other than she can see my records at VA.  I will be going to an Orthopedic surgeon for a second opinion and will go from there.  It is frustrating but I am always up for a challenge.  I may just make an appointment with the VSO and see if she will check to see what it says.

 

Not sure at what point I was supposed to request a hearing as the form only had two check boxes one for DRO Review and one for BVA

 

Thanks everyone for the feedback,  its always good info

[Gastone]

When you say "SHE," you're referring to the C & P Dr, correct?

Use a 21-4138 today, to file for an "Official VA DRO Evidence Conference." If you live within driving distance (30 min) to your RO, hand deliver it.

[Uno]

I have to say for me one of the most frustrating things is finding a Dr. who cares enough to take the time to listen to what you are saying and do what you ask no mater how simple it is.  I told my PCP I filed for SSDI and she told me right then without hesitation the when she gets the paperwork from SSDI she sends it back the same way she gets it BLANK, she said not that she thinks I shouldn't get it as she sends all of them back blank because she doesn't fill any of them out.  What a big help there.  I went to Orthopedic Surgeon for an exam of both shoulders and took some other exams with me and he looked at the exams I took and then began talking about surgery,  Once I convinced him im not here to discuss surgery and if I was having surgery I would have VA do because it wouldn't cost me anything he walked out of the room and wrote down Subluxing Bicep Tendon can heal itself.  He didn't look at anything else.  I change PCP and got a new on who does an exam, fills out the SSDI Paperwork and prescribes Tramadol for occasional use to allow me to do still get things done around the house but fails to document with any detail in the records anything about the exam or even that she prescribed tramadol and she has now moved to Port Huron leaving me to find yet another PCP.  I have a new PCP who happens to be a PA and asked her to set me up with a referral to a Dr. who was a D.O. to have a second opinion exam for shoulder conditions so she does.  I go to this Dr. and show her the C&P exam and she says its to confusing to read the VA Stuff and she will just do her own exam and starts with X-Ray so she schedules XRays of both shoulders with follow up for exam. She gets the X-Rays back and sends a letter saying no need for follow up I have osteoarthritis which I already told her that existed along with other stuff. What happened to the Medical Field, to me this is actually more frustrating the dealing with the VA.  Once upon a time before me here in Petoskey there was a Dr. that spent a portion of his time helping Vets because he was one himself.  He would even help vets that didn't have insurance fight the VA but he was old and since passed away.  Believe it or not each one of these are actually a setback in both the VA and the SSDI process, for example to you thing my first PCP wrote in my records that the intends to send the SSDI Paperwork back blank because that's what she does with all SSDI packets she gets, of course not so to SSDI it looks like you switched Dr. because she didn't think you should get it.

[Berta]

SSDI will look at ALL of your VA medical records.They wont make a decision based on  blank paperwork.

I say that because I feel it is true-)I hope it is true)

My deceased husband went from 30% PTSD to 100% P & T PTSD , solely due to his VA medical records,to include psychiatric testing and Voc Rehab stuff, and all records from 3 VAMCs. I saw everything stacked on a dolly at the SSA office- I was shocked at how much was there, going back to when he first got 30% in 1983.

He had been dead for almost 3 years by time 0f their  (VA's) 100% P & T decision.

SSDI awarded in his lifetime and so could the VA have done that.

But I think you should report this doctor to the Director of the VAMC because what she is attempting to do is prevent deserving veterans from getting SSDI.... in my opinion, and

It should not depend on her at all.

Maybe I am interpreting this wrong- but VA employs a lot of power hungry people who seek to control everything.

The SSA and VA are supposed to share info and I am sure SSA will determine whether to award or not based solely on your entire medical background.

( But I sure would be reporting her as soon as VA opens tomorrow-if I were you -because I bet her job description does not say' ignore disability paperwork from the SSA.')

Edited May 17, 2018 by Berta

[Uno]

On ‎5‎/‎17‎/‎2018 at 5:11 PM, Berta said:

SSDI will look at ALL of your VA medical records.They wont make a decision based on  blank paperwork.

I say that because I feel it is true-)I hope it is true)

My deceased husband went from 30% PTSD to 100% P & T PTSD , solely due to his VA medical records,to include psychiatric testing and Voc Rehab stuff, and all records from 3 VAMCs. I saw everything stacked on a dolly at the SSA office- I was shocked at how much was there, going back to when he first got 30% in 1983.

He had been dead for almost 3 years by time 0f their  (VA's) 100% P & T decision.

SSDI awarded in his lifetime and so could the VA have done that.

But I think you should report this doctor to the Director of the VAMC because what she is attempting to do is prevent deserving veterans from getting SSDI.... in my opinion, and

It should not depend on her at all.

Maybe I am interpreting this wrong- but VA employs a lot of power hungry people who seek to control everything.

The SSA and VA are supposed to share info and I am sure SSA will determine whether to award or not based solely on your entire medical background.

( But I sure would be reporting her as soon as VA opens tomorrow-if I were you -because I bet her job description does not say' ignore disability paperwork from the SSA.')

Good morning Berta

 

This is a private Dr. not a VA Dr.  I don't think she like responsibility or she just want the least work as possible.  Even as a Dr. she doesn't do a lot if you walk in there and say my I hurt my wrist she wont even look at it you will be going to an orthopedic Dr. About the only thing she does is maintain common problems such as HBP and other common issues. 

 

The problem I have is that because she didn't do anything useful for me and the fact that I thought it to be wrong to send anyone's paperwork back blank I decided to find another Dr.  The problem is now SSDI wonders why you switched Doctors. 

 

Its been my experience working on this at least through private doctors is that many say one thing and write some completely different in your file or only write only a small amount if information with no real detail or you may tell them something of detail and they add nothing to your record.

[Berta]

"Its been my experience working on this at least through private doctors is that many say one thing and write some completely different in your file or only write only a small amount if information with no real detail or you may tell them something of detail and they add nothing to your record."

It has been my experience and probably for Many here- that this describes VA doctors!

When a private doctor is paid to write a valid IMO/IME,per our IMO/IME criteria here,

that is when every detail is considered and when you have more one to one with them to explain your condition.

Still, IMO/IMEs all boil down to established medical evidence , with direct references to the medical record, to include SMRs, if needed for a service  nexus.

Have you attached here anywhere their  denial and their reason and bases in the SOC?