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BVA REMAND C&P

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USNDW

Question

I have been dealing with a BVA for 3 issues since 2018,original claim 2009.

A VARO rated left knee at 10% woth SNRA. I filed a NOD because Seronegative Rheumatoid Arthritis is a chronic disease, and they should have rated RESIDUALS. I have attended 3 C&P exams for this BVA, and they asked for an additional exam 5 days after I attended the last one.

I called them and said "NO, this is ridiculous". They said they were dismissing the remand. Contacted Senators office and asked what the hell? I went to an exam, but apparently the examiner did not answer 3 of the 25 questions, so they told me if I do not attend another exam for the 3 additional questions, they will dismiss the remand.

Can they do that?

The information they are asking for already exists in my C file.

Cannot express my disgust with VA claims processing right now

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5 minutes ago, USNDW said:

I have been dealing with a BVA for 3 issues since 2018,original claim 2009.

A VARO rated left knee at 10% woth SNRA. I filed a NOD because Seronegative Rheumatoid Arthritis is a chronic disease, and they should have rated RESIDUALS. I have attended 3 C&P exams for this BVA, and they asked for an additional exam 5 days after I attended the last one.

I called them and said "NO, this is ridiculous". They said they were dismissing the remand. Contacted Senators office and asked what the hell? I went to an exam, but apparently the examiner did not answer 3 of the 25 questions, so they told me if I do not attend another exam for the 3 additional questions, they will dismiss the remand.

Can they do that?

The information they are asking for already exists in my C file.

Cannot express my disgust with VA claims processing right now

They do whatever they want…it doesn’t me it’s right, or within their own regulations.

 

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6 minutes ago, USNDW said:

I have been dealing with a BVA for 3 issues since 2018,original claim 2009.

A VARO rated left knee at 10% woth SNRA. I filed a NOD because Seronegative Rheumatoid Arthritis is a chronic disease, and they should have rated RESIDUALS. I have attended 3 C&P exams for this BVA, and they asked for an additional exam 5 days after I attended the last one.

I called them and said "NO, this is ridiculous". They said they were dismissing the remand. Contacted Senators office and asked what the hell? I went to an exam, but apparently the examiner did not answer 3 of the 25 questions, so they told me if I do not attend another exam for the 3 additional questions, they will dismiss the remand.

Can they do that?

The information they are asking for already exists in my C file.

Cannot express my disgust with VA claims processing right now

I am 500 days into a BVA direct review appeal.

I have been following the docket numbers in the new BVA metric system.

I know appeals with a later docket number than mine have been given priority due to advanced age and hardship…but some appeals are not.

Again, they don’t seem to follow their own regulations.

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42 minutes ago, USNDW said:

have attended 3 C&P exams for this BVA, and they asked for an additional exam 5 days after I attended the last one.

I called them and said "NO, this is ridiculous". They said they were dismissing the remand. Contacted Senators office and asked what the hell? I went to an exam, but apparently the examiner did not answer 3 of the 25 questions, so they told me if I do not attend another exam for the 3 additional questions, they will dismiss the remand.

Did they send you a letter stating this. My guess is no.

Because they can't just close your remand because you refuse a exams after 4 other exams.

If it was me I ain't play the game 

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Actually they did, or did not and then I had to request it.

I got a notice that contained previous decisions and information from June. I pondered "why would they send me the exact same information" and it dawned on me that there might have been something else they were supposed to send.

Sure enough, I called and asked if there was newly dated correspondence and yes, there was. The 800# rep sent me an email and the notice they were supposed to have sent me stated I had asked a VA examiner to cancel my remand.

Obviously I was aggravated to say the least. Called them back and asked WTH and sent a letter to the BVA and VARO telling them not to do anything with my claim.

On Fridaya VA rep called and said they received my letter(within 1 weeks time) and that in order to complete the remand I had to attend another exam because 3 sections were missed, and without them they could not complete the claim.

I argued that the information from the three sections exists in my record, i.e. what type of brace was prescribed, who prescribed them and why

 The VA rep told me straight up that if I did not attend the exam they would cancel the remand

I am waiting for a hearing date for review because they are idiots. They rated seronegative rheumatoid arthritis of the left knee. Not residuals, but of the knee. I have been in a claim since Sep 2009 for Seronegative RA as a chronic disease, requesting a 100% rating, BVA appeal started in 2018 and in January they got a new VLJ and they combined the left knee request for increase for meniscal removal and the claim for SNRA into one condition, SNRA of the left knee.

I am so disgusted with these people, you have no idea

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11 minutes ago, USNDW said:

Fridaya VA rep called and said they received my letter(within 1 weeks time) and that in order to complete the remand I had to attend another exam because 3 sections were missed, and without them they could not complete the clai

Ok they still didn't give you a letter stating they are cancelling  your remand because of the exam.

They just threat you.

But I am not goto try and talk about my experience when they did the same thing on a call with me about a exam.  I am not allowed lol

You have two choices go to the exam an let it play out.

Or continue the way you are handling it an make them give you a denial.

 So you can appeal to the court any get it remand back

If they close the remand you can do a writ and they will have to address why they close a remand.

The va is a lower body they can't close a bva or cavc remand.

Good luck.

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