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Appeal Claim Closed But Not Completed


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3 replies to this topic

#1 add55p

 
add55p

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Posted 21 December 2012 - 02:07 PM

Appeal decision was made by VARO and appeal was closed. Decision letter was sent stating evaluation was deferred pending Examination. Examination results were sent to VARO so that an evaluation could be assigned.

Was the appeal closed to soon? Or should it remained open until the evaluation was completed.

This appears to me that the clock has stopped and there is no concern for VA to monitor the progress of the appeal any longer.

Your thoughts..

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#2 broncovet

 
broncovet

    E-9 Master Chief Petty Officer

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Posted 21 December 2012 - 05:58 PM

It sounds like you are quoting ebenefits. Its not reliable BUT, it may be good your claim is closed, if you did the C and P exam. Did you check the AB8 letter? (in E benefits).

That sometimes is the first place it will show for a new or increased rating.

#3 add55p

 
add55p

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Posted 21 December 2012 - 09:18 PM

BroncoVet

I am quoting the VA regional office, my VSO, the 1 800 operator, and E benefits.

My VSO says that the deferred evaluation to the grantd claim will fall reviewed in claim order and thr DRO must have time to work the evaluation sheet and process the claim for rating.

My concern is that if it has already taken two months since the DRO received the answer to satifisfy his question needed to rate the previously granted claim, why would it take so long to settle and most of all why is the claim and appeal status being shown as closed when in fact it is still going through the normal DRO review process again.

#4 broncovet

 
broncovet

    E-9 Master Chief Petty Officer

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Posted 21 December 2012 - 09:38 PM

Add...


There was a recent study that concluded you have a 49% chance of getting a correct answer with Peggy....a little bit worse than flipping a coin. Ebenefits is not better and VSO's are a crap shoot.

Listening to my VSO is what got me into trouble in the first place. While there are good, well trained VSO's, most of those are too busy to take on new Veteran claimants. We are much more likely to get a less experienced (rookie) or even a bad VSO because when we go to make an appointment with a VSO, we often pick the "one that is available the soonest".

If this is a "when will it happen" question, well The VA isnt talking, and my crystal ball is broken.

However, if portions of your claim was adjuticated and other portions deferred, the VARO may well try to "take credit" for a decision and the next rater may also want to take credit for deciding the deferred issue. VA raters work on a points bonus system, and they need to get so much work out a day, and they are always looking for ways to "meet quota".




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