Why Is C&p Exam Scheduled And Claim Status Changed For "certified To Bva"

[add55p]

Question:

Why would a veteran suddenly be schedule for a C&P examination by the VARO after the claim was "Certifed to BVA"?

The claim never reached the BVA for a remand.

The VARO took it upon themselves to change the status from "Certified to BVA" and schedule the C&P examination.

Based on anyones past experience, will the claim be recertified to BVA after VARO receives the C&P results.

If this is the case, why didn't the VARO honor my appeal request and keep it Certifed to BVA in the first place. Is it leagal for VA to withdraw the apeal from "Certifed to BVA" status without notifying the veteran?

If possible can someone answer these specific questions.

Thanks

[Chuck75]

As I understand the process (right or wrong), The VA can do this, unless you filed a written statement to the effect that you want your claim "adjucated" by the BVA with the existing evidence, using "duty to assist" as the reason. Even with the existing evidence statement on file, you would likely end up going to the C&P anyway. In theory, the BVA "should" disregard the C&P results. Obviously, the two edged sword bit applies.

Also, given that dealing with the VA has made quite a few veterans paranoid, Be very careful and courteous with a C&P examiner.

It would be a good idea to look over the VA's exam guide for the specific condition, as well as the VA form intended for an "outside" doctor to complete.

Remember that a VA examiner likely will not be as medically qualified as a board certified specialist. Many of the VA examiners are NPs and PAs.

My personal experience with an IHD related C&P (first scheduled on short notice at a distant location), then more recently at an area VAMC, and finally by a local contract outside doctor was beyond the norm. My private doctor (a board certified specialist) had stated in writing that a stress test, such as a treadmill test was extremely hazardous to my continued existence on this plane. So naturally, the VA scheduled stress tests. The VA canceled the VA conducted test when I vehemently complained, and cited the doctor's written statement. The last time around, I showed up at the contracted doctor's door, provided a copy of my doctors statement, and selected medical records. I also asked if his malpractice insurance was current, and also pointed out that if anything untoward happened as a result of a stress test, my survivors would likely file claims, both with the VA, and the state. I'm sure that the outside doctor knew exactly who my doctor was, since my doctor was and is one of those that "signs off"

periodic state required update training for certain board certified specialists in our part of the state. The contract doctor declined to do the VA requested testing, based upon "existing medical records". So that C&P exam did not happen either. Finally, the Nehmer review board partially threw out a less than complete VA C&P previously done by a VAMC NP that was actually favorable, stated that no further exams were needed, and awarded based upon "extensive medical records" supporting the claim.

Edited May 26, 2012 by Chuck75

[ketchup56]

This could be a good thing. Maybe that they found out something that wasn't done properly in your last c&p exam or if you did not receive any previous exams that they needed to." Duty to assist" also means that you at least have enough evidence to send you for exam before an award or denial of the claim(s). But whatever you do DO NOT MISS THAT EXAM. And yes they can do this. Good Luck

[Chuck75]

To more directly answer your question - -

The VA can award, based upon favorable C&P results. They may attempt to used the C&P date as an EDD date, instead of the appealed decision date.

If so, another NOD would be needed.

As to why, who really knows. It seems that the VA doesn't even really know what it's doing!

I'd suspect that getting "hammered" politically in front of congressional committees about

the outstanding number of appeals and claims in general is responsible.

Edited May 26, 2012 by Chuck75