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    • IF the VA "reduces" (cuts) your SMC S, then fight it as a reduction.  Remember, VA has to jump through all the hoops to reduce you, and going from 100% plus SMC S, to 100% is a reduction in rating.   File a nod to said reduction, if it happens, and argue that VA did not comply with this, below:  3.344 Stabilization of disability evaluations. (a) Examination reports indicating improvement. Rating agencies will handle cases affected by change of medical findings or diagnosis, so as to produce the greatest degree of stability of disability evaluations consistent with the laws and Department of Veterans Affairs regulations governing disability compensation and pension. It is essential that the entire record of examinations and the medical-industrial history be reviewed to ascertain whether the recent examination is full and complete, including all special examinations indicated as a result of general examination and the entire case history. This applies to treatment of intercurrent diseases and exacerbations, including hospital reports, bedside examinations, examinations by designated physicians, and examinations in the absence of, or without taking full advantage of, laboratory facilities and the cooperation of specialists in related lines. Examinations less full and complete than those on which payments were authorized or continued will not be used as a basis of reduction. Ratings on account of diseases subject to temporary or episodic improvement, e.g., manic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial asthma, gastric or duodenal ulcer, many skin diseases, etc., will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. Ratings on account of diseases which become comparatively symptom free (findings absent) after prolonged rest, e.g. residuals of phlebitis, arteriosclerotic heart disease, etc., will not be reduced on examinations reflecting the results of bed rest. Moreover, though material improvement in the physical or mental condition is clearly reflected the rating agency will consider whether the evidence makes it reasonably certain that the improvement will be maintained under the ordinary conditions of life. When syphilis of the central nervous system or alcoholic deterioration is diagnosed following a long prior history of psychosis, psychoneurosis, epilepsy, or the like, it is rarely possible to exclude persistence, in masked form, of the preceding innocently acquired manifestations. Rating boards encountering a change of diagnosis will exercise caution in the determination as to whether a change in diagnosis represents no more than a progression of an earlier diagnosis, an error in prior diagnosis or possibly a disease entity independent of the service-connected disability. When the new diagnosis reflects mental deficiency or personality disorder only, the possibility of only temporary remission of a super-imposed psychiatric disease will be borne in mind. (b) Doubtful cases. If doubt remains, after according due consideration to all the evidence developed by the several items discussed in paragraph (a) of this section, the rating agency will continue the rating in effect, citing the former diagnosis with the new diagnosis in parentheses, and following the appropriate code there will be added the reference “Rating continued pending reexamination ___ months from this date, § 3.344.” The rating agency will determine on the basis of the facts in each individual case whether 18, 24 or 30 months will be allowed to elapse before the reexamination will be made. (c) Disabilities which are likely to improve. The provisions of paragraphs (a) and (b) of this section apply to ratings which have continued for long periods at the same level (5 years or more). They do not apply to disabilities which have not become stabilized and are likely to improve. Reexaminations disclosing improvement, physical or mental, in these disabilities will warrant reduction in rating.   If VA argues they made CUE in awarding said SMC S, well then make them show it was UNDEBATABLE, that you did not qualify for SMC S.  For example, did they do a C and p exam where the examiner said you were definately "not" substantially confined?  They would have to have medical evidence that you DID NOT meet SMC S eligibility, and the burden would be on them to prove you did not meet it.   Also, if the VA made 2 or 3 decisions, and continued your SMC S, then VA is admitting they THOUGHT you were entitled to SMC S, therefore, its not undebatable..even VA is not clear on it!!   Cue is tough for us, make it tough for them, too.  Use their words and ratings against them.  
    • Roger that Navy4life  You did a well prepared Job on your part! other veteran should learn from this.
    • Me too. I was in Atlanta the other day and listening to my local radio stations via my phone when I heard part of an advertisement, so I looked it up and found that.
    • Just to clarify there weren't any errors in my informal hearing.  The errors that i received were in the decision/SOC because the DRO made the egregious error by refuting my medical opinion (Nexus Letter) I submitted from my VA Podiatrist.  A DRO can not refute a medical opinion because he is not a medical expert.  The DRO unfairly adjudicated the issues per the VA requirements of CFR 3.102, reasonable doubt, has not adequately applied CVA precedent opinion Moore V. Derwinski, relative equipoise was not adequately addressed and the doctor's highly probative IMO was not reconciled by the CP exam refuting opinions.  Possibly the most egregious error by the DRO, is that the DRO denied based on the DRO's own "non-medical" opinion.  The DRO is not qualified to refute an IMO opinion of the doctor's stature. That was the basis for the new DRO over turning my decision.  She told me that she was not sure why the other DRO denied me because the Nexus Letter was one of the best she had seen.  





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labguy

Had My C&p Exams Now I Am Lost...

5 posts in this topic

I have filed a claim with a VSO for some primary and secondary issues in the spring. In September I had 3 C&P exams --hearing, ptsd and my ankle but that did not cover all the claims that I filed for such as GI (stomach) issues. After my 3 c and p exams were completed I never had anymore scheduled. I have not been seen for my stomach issues or my back at this point. I have called the 1 800 number to check the status of my claim and I was told that it has been at the rating board since mid October. This confuses the heck out of me for two main reasons ... 1. I was told that after the c and p exams that it only should take like 30 days or so to hear something and 2. How can my claim be in front of a rating board at this point if there are conditions that I have filed for that I have not had a c and p exam for ?? This whole process is super confusing and is driving me almost to the point of having a break down because no one seems to have a clue about what is going on and no idea what is taking so long or what to expect

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Do you receive care at the VA for those other issues? What were the C&P exams for? You can send an Iris inquiry if you have not already done so, and ask those questions specifically. Hang in there I know its tough to wait, we have all done it. Do you have copies of the C&P's that were done; that would give you something to do while you wait. Good luck.

/doc

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Labguy.......have you went to your Release of Information office and requested a copy of the C&P exams? You may or may not be able to get the C&P results for PTSD exam!

Waiting times for the VA to process claims are extremely long, in most cases. For those other issues that you are claiming, once the rater see that you are claiming xxxx, and see that no C&P was performed, they will schedule the C&P for you. This has happened to me a few times in the past year!

Best of Luck!

B6

EDIT: Spelling~

Edited by Bravo6

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I don't know where or who told you that you would have some type of notification from the VARO within 30 days after your C&P exams, I have been dealing with the VA since 1997 and I have never been notified of anything before a minimum of 90 days after a C&P exam I have received 3 awards 2 from the VARO and one from the BVA in my experience in 2005 I had a C&P exam in Jan 2005 and got the award letter in April and the deposit was received 2 days after the letter, in 2006I had a C&P exam in Feb and got the deposit in May 2 days before I got the award letter then in 2009 I had the BVA hearing on 4 Feb got the decision letter dated 7 April and got the award letter from the VARO dated 4 June and the deposit was 3 days later so as you can see in my case I never was notified in less than 30 days and my lawyer said the award letter and deposit was fast for a BVA decided case they expected it to be September or later before I got the award letter and the back pay so they feel in that case I was treated quickly the VA does not have time limits they HAVE to live by only we veterans are bound by time limits

patience is required in dealing with the VA I wish I could tell you something different but if I did I would be lying to you and that I don't do no matter how ugly the truth is

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