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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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Question

How can the VARO deny a claim without a C&P exam. Can someone tell me!!!

They are so heartless, and truely do not care about veterans (not that this is anything new). I am already struggling with PTSD and suicidal thoughts and then this. At this point I guess I just need to talk to someone. I left Iraq in 2003 with swelling in my lower legs documented on my "post deployment health assessment", Gulf War registry exam and several other doctor visits. The funny this is, I was told it was caused by the heat and would resolve in 3-4 months. Well 6 years later it's still their but worse. I have no diagnosis for it but have narrowed it down to venous insuffiency on my own. My claim was for "swelling in my legs" maybe a mistake since I had no diagnosis, but my PCP told me the C&P doctor would send me for the necessary tests to diagnose the problem. Why do the VAMC doctors assume the VA C&P raters give a SH-IT. Well I don't know what else to say I'm not thinking very straight right now I hope you guys can help answer my cry for help.

Take care

Bergie

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5 answers to this question

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§3.326 Examinations.

For purposes of this section, the term examination includes periods of hospital observation when required by VA.

(a) Where there is a claim for disability compensation or pension but medical evidence accompanying the claim is not adequate for rating purposes, a Department of Veterans Affairs examination will be authorized. This paragraph applies to original and reopened claims as well as claims for increase submitted by a veteran, surviving spouse, parent, or child. Individuals for whom an examination has been scheduled are required to report for the examination.

(:rolleyes: Provided that it is otherwise adequate for rating purposes, any hospital report, or any examination report, from any government or private institution may be accepted for rating a claim without further examination. However, monetary benefits to a former prisoner of war will not be denied unless the claimant has been offered a complete physical examination conducted at a Department of Veterans Affairs hospital or outpatient clinic.

© Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination. (Authority: 38 U.S.C. 5107(a))

Bergie,

Sorry but it happened to me also. Dont give up go to plan B.

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Fact is not having a C&P exam is not a good thing.

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Bergie,

I noticed that you are rated at 60% SC, so your PCP can send you for ANY medical testing that needs to be done to diagnose the problem, at no cost to you; only billing to your insurance, if you have any. I know this because I am at 50%, and have been sent for tests and procedures that were not SC.

If I am wrong, then I'm sure someone will jump in to correct me, but I would schedule an appointment with my PCP ASAP and speak with them about getting the testing scheduled.

I hope this helps,

Louis

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Bergie,

I noticed that you are rated at 60% SC, so your PCP can send you for ANY medical testing that needs to be done to diagnose the problem, at no cost to you; only billing to your insurance, if you have any. I know this because I am at 50%, and have been sent for tests and procedures that were not SC.

If I am wrong, then I'm sure someone will jump in to correct me, but I would schedule an appointment with my PCP ASAP and speak with them about getting the testing scheduled.

I hope this helps,

Louis

Thank you, and yes I called him today. I am a RN and as such my PCP respects my judgement and requests, so I called this AM and the tests are ordered. Just the same though, it really hurts knowing that the VARO does this so often to us. I thought at a minimum I would receive a C&P exam. Oh well just going to be more money in the end!!!

Thanks,

Bergie

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The VARO here in Phoenix did the identical thing to me. Refused and denied for arthritis, degenerative discs, and scarred lungs without a C&P exam. I filed a NOD and then went to the Veterans Medical Facility and had x rays taken of my back and lungs and submitted them to VARO as proof. VARO states you must be diagnosed by a doctor while in service. I spent my entire time until discharge on the front line assigned to Infantry. How many doctors, dentists, xray machines are on the front line NONE! Only Medical Service comes from the Combat Medic who comes day or nite and takes care of your medical problems. I was that Combat Medic and treated myself with the same medical care as given the Infantry or anyone else. This appears the way they are told to operate. DO NOT GIVE UP. FILE A NOD. SEE A DAV. WRITE YOUR CONGRESSMAN. I have done all three. Gods Speed.

1s1j5z4

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