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Can I Rebut a Higher DRO Review?

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NEWBIEFED

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I need help. I first applied for benefits in 2016 and was denied in 2017 because the VA could not find my medical records. I was able to locate my medical records and I did a NOD. I filed again for the conditions and sent in my medical records. Fast forward to 2019. I was able to get C&P Exams at the end of 2019 and Jan 2020. My Sleep Apnea exam took about 3 minutes or so...questions were: When did you enter AD? When did you retire? Do you have a CPAP? I had submitted a buddy letter from the EX and my medical records showed weight gain, snoring, ENT problems, etc.I answered the questions and affirmed that I had a CPAP. That was all of the questions I had for Sleep Apnea. I had a few other exams and even a hearing exam. I was asked about my MOS/AFSC and told them the first five years was flight line work at a SAC base. I told them of the ringing in my ears and thought I'd be rate for tinnitus. My hearing exam showed I did not have much hearing loss. Fast forward again. I was asked to submit to additional exams for my feet and hands in Nov 2020. In any manner, I was finally rated at 20% for my feet and zero for my broken fingers. Since I had to file a NOD I elected higher level review by a DRO. My question is can I file a rebuttal for the other items filed? I need this ASP since I just received notice on 1 April 2021. Thank you.

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2 hours ago, NEWBIEFED said:

My question is can I file a rebuttal for the other items filed? I need this ASP since I just received notice on 1 April 2021. Thank you.

You can appeal any decision. A lot of times it seems that the DRO Review Decisions are rubber stamped decisions and veterans have to file claims to the BVA just to get a proper rating and in some cases like mine, I had to file a claim all the way to the CAVC just to get my claim remanded and for the BVA to say/use the evidence in my records to directly grant my claim. 

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Thank you for the input pacmanx1.  I am worried that I only have less than 60 days to file a rebuttal.  I would like to see my C-FILE so I can understand why I was denied.  However, it seems as though such a request will take 3-6 months to receive it.  How then can I rebut these denied claims?  I guess I need to learn some strategy on how to go to the next step and I am hoping I will get an answer here.  It's also strange as I have not officially received any documents or decision letters showing that I was denied for these other claims that were made all at the same time.  

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As long as you Appeal within the 60 days you should be ok  so Request your C -file ASAP. 

Appeals are good for 1 full year from the time the VA receives your NOTICE OF DISAGREEMENT (NOD)

VA Should send you a Conformation that they received your Appeal. and an explanation as to what comes next.

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Buck52, thank you too for your input.  Is there a form that I need to use and is it simple to complete?  I am hoping it is simple and will allow me some time to gather new evidence to rebut their denials.  Weird thing is that I have not seen an official denial letters showing the items that were denied.  I guess I will get such a letter?  I would appreciate the HOW information.  Truly appreciate everyone that provides input.  Stay safe!

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Did the other issues get denied?, hearing, tinnitus or sleep apnea?  Or something other, like referred.  Did you get the letter yet? What did it say for why you got denied, etc...

Anyway, if your C&P exams where done at a VA hospital, then you can log onto eBenifits, or myVA, and once you are in, you need to go the nearest VA location that can make you a premium member login, and then you can go in and look at your C&P exams and see how you were scored.

If you had your exam at a civilian location, no personal knowledge yet, but from what I have read here you can go there and get your records, and probably by mail or even email.  Again, you could join that hospital's portal with a logon and get your records right to your computer.  Again, not sure on private C&P's yet.

FWIW,

Hamslice

 

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Yes, you can rebut a denial.  

You are on the right track.  Using the "reasons and bases" for decision that you received, file a nod with a rebuttal for their reasons, citing evidence from your file.  

You posted:

Quote

... was denied in 2017 because the VA could not find my medical records....

There is a regulation that covers this, since it happens frequently.  You can appeal either:

1.  Denial of Service connection

2.  Dispute of disability percent, if awarded.

3.  The effective date(s).  

     Any/all of these above issues can be appealed for each condition, "even if" other conditions are awarded in the same decision.  

Now, here is the regulation I mentioned, which should yield you an effective date back to when you first applied:

38 CFR 3.156

https://www.law.cornell.edu/cfr/text/38/3.156

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