Question about "Dependency not currently eligible" what does this mean?

[OldJoe]

After about two years (1.9795 to be exact as of this posting) into my DRO process I noticed something peculiar about the status of my claim.  The entry of "Dependency not currently eligible (new)".  I could have sworn that this wasn't there before, when it was added I have no clue.

What does this mean?

Also, I could have sworn it had previously had stated separately my right and left knees, but now it states "BILATERAL KNEE CONDITION (New)".

Not trying to read tea leaves here because I know all that this could mean is that they are getting ready to send me a doosie of a denial letter.  But, I am curious if this means I am finally getting ready to enter the next phase (good or bad).

I have included screen shots for eBennies to let you see what I saw.

[OldJoe]

All started with this post relating to my DRO moving forward.  https://community.hadit.com/topic/71497-finally-dro-moving-forward-but-got-questions-about-appointment-letter/

All pertinent documents can be found in those posts.  But in a nutshell, both the VA and I messed up all those years ago, just that there mistake was bigger than mine.  They failed to use all available service medical records at the time of the initial decision.  And they chiselled it in stone when they stated that they couldn't find any other medical records relating to my back and put the date of the "only" record they could find.  Needless to say there were others (after the date they diligently noted in their denial), one in particular stating that it was a recurring issue and the examination showed slight scoliosis.

In short, glaring mistake, that I should have filed an appeal way back then but didn't.  However, since they didn't use all records at the time, and the evidence is as plain as day, that it is a very good basis for an argument that a CUE has occurred.

So this time around when I filed for secondaries on my knees (of course they denied that, fully expected that) I appealed, siting this information that should have been used in the initial evaluation along with all my medical history that I could lat my hands on covering the period between the military and the new claim.

Also, after receiving my claims file (after I had filed my appeal unfortunately) I noticed a few other peculiarities, not that they mean much.  In the original C&P exam the examiner did notice slight scoliosis.  My claim file had the words "Trainee Claim" written on it (nice to know I was a ginnie pig).  And that I had tried one other time to apply and they simply flat out refused, granted I didn't submit a nexus letter (didn't even know about them back then), but I had filled out all of the prerequisite forms to allow them to request any medical records they needed.  Needless to say they didn't request them (I couldn't find them in my file). 

I know VA isn't required to get them if it costs money, but they don't have any record in my file even stating that they sent a letter to me requesting those records.  The only letter I ever got even closely resembling that was for the first claim asking me if I had a copy of my service medical records.

Sadly, I can understand why they would want to mess with my claim (and just hope I go away) because this claim reaches 20 some years back.

Right now I am in limbo hell with the rest of you.

[OldJoe]

Called Peggy and was informed that though the "average" is 310 days, it is more like 2 - 3 years that people wait for their appeal to be processed.

The only other thing she informed me is that my last C&P was "uploaded" May 8th, 2018.

So I guess any time between now and next year... 

Unfortunately, I have this feeling of dread that it will be closer to the later date rather than sooner...

[Gastone]

While you're waiting, File an Official Request for an "Informal DRO Evidence Conference." The "Conference" should take place much sooner than the actual DRO Review or Hearing. Besides the chance for a Face to Face discussion with a DRO regarding what Evidence that has been submitted Post Denial Decision, his opinion as to what additional New & Material evidence is necessary to reverse the Denial would remove any guesswork.  Keep in mind, DRO's can make an Award based strictly on the "Evidence Conference" results.                Certainly worth a shot, right!

[OldJoe]

Well, just got home from vacation to find a letter from the DAV updating me on the status of my claim.  Of course, now I have more questions than answers as to what is going on. But one thing (in my opinion) if this means what I think it means, even if they some how denied my claim for secondary relating to the knees, I can actually see a light at the end of the tunnel, and this time it isn't a semi/train. 

In a weird way, it seems like they just admitted that they messed up from the get go.  If they deny my retro all the way back to the original claim it is only a matter of time before I win that part of the claim too (they didn't use all the evidence at the time of the original claim back in 1995 and it is all in black and white).

Using my back as part of the appeal was only to create the service connection for the secondary condition for my knees.

Here is the excerpt from the DAV letter.  Any advice?  (now to call Peggy to see if she can provide me with any more insight be before I start going overboard and emailing both my senator and DAV rep)

 

Edited July 10, 2018 by OldJoe
grammar, context

[OldJoe]

Well, just got off the phone with "Peggy": 

They sent the SOC out on July 5th; some 20(+) pages.

Of course she couldn't tell me what it contained.

Now, it is the "hurry-up-and-wait" game with the US Postal Service as they plod along to deliver the mini-book the VA wrote for me.

[OldJoe]

Finally got hold of a DAV representative and they read me basically what the SOC stated.  They gave me 40% for my back (so now at 50%).

The (if I am not mistaken) cardiologist that did my C&P opined that my knees were unrelated to the military. 

Um, duh dude, secondary!!!  Due to back!!! Which you just admitted was related to military!!!

Then I had to calmly explain to the DAV rep that though yes I had failed to make a timely appeal within the 1 year period 20 years ago, the VA had made a bigger mistake by not using all available records at the time of the original decision.  They did so in black and white by stating the the only date they could find and that they could find no others...

Survey says wrong answer, there was a later date and it specifically states scoliosis and that my problems were recurring.  My original C&P for that very first evaluation stated the same physical findings, though I didn't know this at the time. Funny how much you learn when you are forced to preserver.

In short, if I am not mistaken, this nicely sets the stage for a big win. (Want to say CUE but with my luck the DAV will represent me with 1/4 wit legal rep when I at least need a 1/2 wit to win).

Right now, biggest problem, even with everything building in my favor is a stupid letter from a specialist.  And the DAV is pushing RAMP big time.  One thing I don't like about RAMP, is you give up the right to "Duty to Assist", and with an older claim I have a decent argument that there was failure to assist (not rock solid would need an expert to argue that with the way the VA works).

Sorry for the rant, I know what I have to do, and that is to look harder for a specialist.  Trying local first before I have to go to St. Louis (125 miles away) you would think that I could find one near Jefferson City (or Columbia) but it has been a struggle.