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Can I Rebut a Higher DRO Review?

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NEWBIEFED

Question

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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Keep the envelope the denial comes in.

And then scan and attach it here- (cover your C file #, name, addres,  prior to scanning it).

When you get it ( include the evidence list in the scanned denial)-it will contain their rationale for the decision.

We can help more when we can read it.

Do you have a representative ( DAV, VFW, etc holding your POA?

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On 4/6/2021 at 9:50 PM, Hamslice said:

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.

I am not 100 percent sure that I followed this. I am almost positive that if a private C&P is done you have to get it from the VA after the VA gets it. I believe I asked at one of my private(contract) C&P exams and was told I would have to get a copy from the VA.

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2 hours ago, kanewnut said:

I am not 100 percent sure that I followed this. I am almost positive that if a private C&P is done you have to get it from the VA after the VA gets it. I believe I asked at one of my private(contract) C&P exams and was told I would have to get a copy from the VA.

Yep, you are correct.  Just got my info from LHI Care and they say that they only give your info to the VA, and not you.  You have to get it from the VA. 

That said, it would be nice if they put it on myVA blue button just like the VA C&P's

Too easy,

Hamslice

 

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