Do I need new C&P exam?

[Backpay]

If my last C&P exam was 6 years ago when they denied my claim and BVA granted me service connection will I need a new exam before they can rate it properly or will they use the old exam information?

[Backpay]

7 hours ago, pacmanx1 said:

Not sure when your BVA claim was granted but it normally runs six months to a year, it could take even longer if you have remands.

Dec 5th I was granted connection for tinnitus and tenosynovitis which I had surgery for in service.

I also have 1 remand issue which is for increase in rating for the scar from that same surgery.

 

Honestly I am just so confused at this point over everything.

 

The VA.gov website says that if my granted issues lead to increase in disability I should see that reflected in 1 to 2 months while the remand is estimated to take 16 to 29 months. The remand instructions said they need to do another exam on scar because the other one wasn't proper and the RO didn't take into account all my VA medical records.

The BVA person I spoke to, my Rep and 80% of the Peggy's I've talked to said that my remand and granted issues should be worked separately. 

 

They used to be able to see my granted issues separately from the remand but now when I call they only see remand in system and assume they are being worked together. 

[pacmanx1]

The issue is VA won't even follow their own regulations, it is likely that VA will hold your granted claim until they have completed your remanded claim and then process the granted claim with the remand.  I Know that is not what supposed to happen but VA has been doing this so often that BVA sent a fast letter out trying to correct the local VAROs but they still do it. 

[Backpay]

21 hours ago, pacmanx1 said:

The issue is VA won't even follow their own regulations, it is likely that VA will hold your granted claim until they have completed your remanded claim and then process the granted claim with the remand.  I Know that is not what supposed to happen but VA has been doing this so often that BVA sent a fast letter out trying to correct the local VAROs but they still do it. 

I was told by the national service officer for my representative organization they spoke with the appeals coach to work my claim. But yes this last week all the Peggy's keep saying they are being handled together.

Can you point me to the rules and regulations specifically with them being handled separately?

I want to call them back. I've been calling them at least once a week for a couple months now. Sometimes multiple times a day if I get conflicting information and I have a ticket open with white house veterans hotline. They wanted to send me to Peggy until I said they were the problem.

[pacmanx1]

20 hours ago, Backpay said:

I was told by the national service officer for my representative organization they spoke with the appeals coach to work my claim.

This individual pretty much direct when your claim is actually being worked. You are close to a decision.  Instead of calling once a week try calling once every two weeks.  Sad to say that evidence is key and calling may not help your claim.  I know that in some cases calling representatives can help but not in all cases.  I had a financial hardship cases in and instead of getting a quick response from VA I got a quick denial and my representative could/did absolutely nothing about it. 

[Backpay]

On 5/24/2020 at 1:09 PM, pacmanx1 said:

 

My Reps haven't been that helpful either unfortunately. I filed my own appeal, submitted my own evidence and made my own arguments since they would never call me back and would never answer the phone after I gave them right to represent me.

I think it's been about 2 months now that they have allegedly been working my granted issues.

But now Peggy says it's being worked along with the remand which Peggy told me in past they don't do. 

 

Maybe I'll give them another week or two then send letter to RO demanding action citing Harvey V shinseki  https://www.courtlistener.com/opinion/817352/harvey-v-shinseki/?q=cites%3A(416) 

They keep telling me I'm in a line and they will get to me when they get to me and it seems they are allocating more resources to the new appeals system and not the legacy when they specifically have duty to handle remands expeditiously since they have been waiting longer then any other type of claim. So why new claomsyare getting handled faster makes zero sense to me other then they are ignoring their mandates.

[Buck52]

24 minutes ago, Backpay said:

My Reps haven't been that helpful either unfortunately. I filed my own appeal, submitted my own evidence and made my own arguments since they would never call me back and would never answer the phone after I gave them right to represent me.

I think it's been about 2 months now that they have allegedly been working my granted issues.

But now Peggy says it's being worked along with the remand which Peggy told me in past they don't do. 

 

Maybe I'll give them another week or two then send letter to RO demanding action citing Harvey V shinseki  https://www.courtlistener.com/opinion/817352/harvey-v-shinseki/?q=cites%3A(416) 

They keep telling me I'm in a line and they will get to me when they get to me and it seems they are allocating more resources to the new appeals system and not the legacy when they specifically have duty to handle remands expeditiously since they have been waiting longer then any other type of claim. So why new claomsyare getting handled faster makes zero sense to me other then they are ignoring their mandates.

Just always remember the veteran him self is the best to work his own claim,  you know your case better than anyone  so if your having problems with your VSO  or who ever is suppose to be helping you  it is your responsibility to work your claims .

now if you have hired a good VA attorney or  VA Claims agent as your respected rep then let them do the work for you that you are paying them to do.

  but Always stay on top of your clam/claims no matter who is helping you. NO ONE AS CONTROL OVER WHAT THE VA DOES .

BUT THESE ATTORNEYS AND CLAIMS AGENTS CAN CONTACT THEM AND ASK WHAT THE HELL IS GOING ON HERE.