No Exam available in my area

[Wes200]

I was informed there are no C&P examiners available in my area - the closest 150 MILES away - my disability makes it difficult for me to sit for long periods of time so being driven 3 hours is not feasible. I live in a metropolitan capitol city so this doesn't make any sense.

They said they are looking for more providers but cannot say when that might happen suggesting it may be many months which isn't acceptable. Im not getting anywhere with the people I have spoken to.

Is there some rule that the C&P must be within a reasonable distance (given my inability to travel) and if they must schedule in a reasonable amount of time?

 

[Berta]

What city do you live in?  What disability are you claiming?

I assume you are not a VA employee...?

 

"b.  Appropriate Examination Facility

An appropriate examination facility is a VA examination facility or contract examination provider, that can complete the examination(s) required by the specific claim.   Regional Offices (ROs) have the flexibility to request an examination from the VA Medical Center (VAMC) or designated contract provider closest to where the claimant lives or receives regular medical treatment. References:  For more information on ·   requesting Veterans Health Administration (VHA) examinations in the geographic jurisdiction of another RO, see M21-1, Part III, Subpart iv, 3.A.1.d ·   jurisdiction for examinations of foreign resident beneficiaries, see M21-1, Part III, Subpart iv, 3.A.1.c ·   jurisdiction for examinations of reserve component participants in the Integrated Disability Evaluation System (IDES), see M21-1 Part III, Subpart I, 2.D.28.c ·   examinations of employees who work at an examining facility, see M21-1, Part III, subpart ii.1.C.5, and ·   examinations of VA-employee claimants, see M21-1 Part III, subpart iv, 3.B.1.b."

 

Section A. Examination Requests - Veterans Benefits Administration

www.benefits.va.gov/WARMS/docs/admin21/m21.../M21-1MRIII_iv_3_secA.docx

 

 I suggest that you copy off the excerpt from the M21-1MR link above and ask them to do this part and get their response in writing.:

 

"Regional Offices (ROs) have the flexibility to request an examination from the VA Medical Center (VAMC) or designated contract provider closest to where the claimant lives or receives regular medical treatment."

You might have to contact their Director ...which VARO told you this?...I might have their director's email addy and phone number. This is a Duty to Assist requirement.

If you have a private doctor, however,  maybe he/she would be able to provide the DBQ right off the bat and if they cant find a C & P doctor, they would have nothing to deny the claim with....

 

 

Edited February 1, 2017 by Berta

[seminoles]

50 minutes ago, Wes200 said:

I was informed there are no C&P examiners available in my area - the closest 150 MILES away - my disability makes it difficult for me to sit for long periods of time so being driven 3 hours is not feasible. I live in a metropolitan capitol city so this doesn't make any sense.

They said they are looking for more providers but cannot say when that might happen suggesting it may be many months which isn't acceptable. Im not getting anywhere with the people I have spoken to.

Is there some rule that the C&P must be within a reasonable distance (given my inability to travel) and if they must schedule in a reasonable amount of time?

 

I have no knowledge about a limit of mileage, I have to drive 3 hours EACH way for multiple appointments and ALL of my CP exams.  I can't drive that far and I can't take DAV van rides either so my husband has to drive me, it is a huge burden on our family and on my health.  I hope you find a solution.

[rhoe]

Berta, I'm not entirely convinced that you really understand how DTA works. 

The RO's ability to determine where examinations are scheduled is limited by contractor capacity and VAMC location/capacity - an electronic algorithm chooses the closest facility for the veteran's examination. If the veteran chooses not to attend the examination at that location, DTA is fulfilled. No one picks an inconvenient location on purpose to deny claims, because there isn't an option to do so. Providing a DBQ from your own local doctor is always an option, but these examinations are often entirely legally insufficient since they either lack any medial opinions/rationale or the entirety of the medical opinion is based off of testimony that is contradicted by the medical evidence of record.

From M21-1 I.1.C.3.k.:

While VA is obligated under 38 CFR 3.159(c) to provide medical examinations or obtain medical opinions to assist in substantiating claims, the claimant must cooperate by reporting for such examination.

 

It is understandable that sometimes the place of report is not the most convenient thing ever, but free examinations to obtain lifelong monetary and medical benefits from the government tend to be just a tad overbooked, for some crazy reason.

[Berta]

"Berta, I'm not entirely convinced that you really understand how DTA works. "

LOL!!!!   

"It is understandable that sometimes the place of report is not the most convenient thing ever, but free examinations to obtain lifelong monetary and medical benefits from the government tend to be just a tad overbooked, for some crazy reason."

That is a good one too.  I intend to  mention that in my letter to VA Secretary Shulkin.

"free examinations" by the VA caused me to be the surviving spouse of a veteran killed by VA health care.(FTCA/1151)

"Free" faulty C & Ps have caused the backlog.

But nothing from the VA is really "free".

The VA was established due to the sacrifices  of men and women in service because Freedom is Not Free..

If Wes200 gives me the name of his VARO I will give him some contact info.

 

[Gastone]

It all comes down to what the SC is worth to you. What DX are you attempting to get SC'd?

I'm sure you've reviewed the 38 CFR 4 Rating Schedule for your issues. What do you think your Combined SC Rating will be? Is the Comp Rate worth the ride? I'd say it has to be.

Check with your local VSO's regarding handicap transport to the C & P location. You could rent a mini-van for the day. Even if you had to spend the night and drive in the day before, it all comes down to how motivated you are.

I know, this is easy to say, it's only 1 day suck up the pain, think about the PAY DAY!

Semper Fi

[rhoe]

15 hours ago, Berta said:

"Berta, I'm not entirely convinced that you really understand how DTA works. "

LOL!!!!   

...well now I'm entirely convinced that you don't understand the procedure and have a happy personal axe to grind about it.

"It is understandable that sometimes the place of report is not the most convenient thing ever, but free examinations to obtain lifelong monetary and medical benefits from the government tend to be just a tad overbooked, for some crazy reason."

That is a good one too.  I intend to  mention that in my letter to VA Secretary Shulkin.

...I'm sure his correspondence office will have a great time not bothering to read it and forwarding it to your local regional office, where someone will send you a form letter in response, but hey, if it keeps you off the streets.

"free examinations" by the VA caused me to be the surviving spouse of a veteran killed by VA health care.(FTCA/1151)

Sorry for your loss. Sometimes bad things happen, but it doesn't mean the entirety of the system is set up to make people miserable on purpose.

"Free" faulty C & Ps have caused the backlog.

Actually the larger cause of this comes from people using their personal connections to push their friends to the front of the claims processing lines, disregarding the rest of the people they make wait longer, combined with the fact that more veterans apply for benefits now than ever before. Barely any WWII veterans applied for compensation. A much, much larger portion of Gulf War Era veterans do, whether their claim involves IEDs or a sprained ankle from playing football.

But nothing from the VA is really "free".

The VA was established due to the sacrifices  of men and women in service because Freedom is Not Free..

This is a cute sentiment, but actually it was established by congress when the US entered World War I (i.e., before there were any WWI veterans) as an outgrowth of state homes created after the Civil War...so unless it was established because of the sacrifices we made of each other during that war, or the sacrifices we time-travelled to make before we entered WWI, it was the result of a congress that recognized that sending draftees into a war zone was likely to end with quite a few people needing economic assistance and healthcare for their remaining limbs in the 1920s and 30s that followed.