Closed Claim before scheduled C&P

[Boots624]

I have a C&P exam scheduled for next week for sleep apnea. I completed an at home sleep study sent by VES. However, I just visited ebenefits and noticed that my claim has been closed before my scheduled exam. Anyone ever experience this?

[Berta]

38 CFR § 4.6 - Evaluation of evidence.

"§ 4.6 Evaluation of evidence.
The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law."

https://www.law.cornell.edu/cfr/text/38/4.6

I was going to add what Deedub just did!

That is always a possibility when VA closes a claim without a C & P exam,if they have enough evidence to award it.

But we sure cannot assume that is the case for every closed claim.

 

Edited November 1, 2021 by Berta
added more.

[Ed Cooke]

Yes.... I had the same thing happen , 2 months, ag I had pending claims in the pipeline awaiting decision and exam ,  all of a sudden I ck Ebenefits and my claim had been closed....... I contacted  the VA OCLA- CIS , of the the House of Representatives ,  they contacted the VA RO Baltimore, and they reopened my claim for review in 1 week; by the next week the Baltimore RO  contacted  me .....about my claim, and by the next week I was awarded 100 % PT for PTSD ..... retroactively !

Hope ths helps.... 

 

Lex

 

[Rattler]

On 10/29/2021 at 4:06 AM, GBArmy said:

Boots624 Welcome to Hadit.

It may mean several things, but you need a decision letter from the VA; doesn't make much sense to speculate on limited info. Did the home sleep study indicate you have OSA? Do you have a diagnosis already and does it include a CPAP machine? You MAY get a little info if you call 800-827-1000, but they have very limited info regarding claim details that they can pass on to you. More than likely they will not provide anything useful. Find out if they have issued the decision letter, what date, and I would ask if they can see why your C&P was cancelled. You can call after 10 days of the dated decision letter and ask for a copy; I'd recommend as an attachment back to you via email. If you have a denial. let us know and we can possibly offer suggestions on what to do next. Good luck.

Actually GBArmy in one of the conversation last week with 800 Betty I found out that the VA is having problems with its mail system. So if they have issued an decision in your case and you have not received the letter yet. (At this point the 10 days do not matter) You can get them to email it to you. (I don't recommend it as its hard to open and I'm a retired IT Guy) Or they can Fax it to you. That's what I did as I have an online Fax account.

[Rattler]

On 10/28/2021 at 10:21 PM, Boots624 said:

I have a C&P exam scheduled for next week for sleep apnea. I completed an at home sleep study sent by VES. However, I just visited ebenefits and noticed that my claim has been closed before my scheduled exam. Anyone ever experience this?

I had them do a C & P after they issued a decision in 2020. The same decision that they were spose to wait on for the C & P. I appealed it to the BVA and they remanded it back to the RO for a do over.

[GBArmy]

Last week I received a decision letter that was post marked 6 weeks earlier. Unless they nix it, I recommend you wait the 10 business days then ask for the copy to be resent to you however you wish. This is unacceptable; this is 2021 not 1921. There is a lot more going on than just a poor mail system to take over a month to get a decision out of the VA.