Overseas C&p Exams

[Gena]

Hello Vets,

I'd like to get the opinion of folks here who have experience with or knowledge of he overseas C&P process. Here's what happened to me: I retired in 2007 and armed with the knowledge from my retirement/seperation briefings went to excruciating lengths to make sure that my medical records were accurate and thorough regarding everything that I was claiming disability for. When submitted my disability claim, I clearly asked the VA rep taking my claim if anything would be needed from me as I was moving overseas. The lady looked over my claim and medical records and told me that everything was there and that nothing more would be needed to process my claim. So, I moved overseas (St. Petersburg, Russia) and no sooner did I get there, lease an apartment for a year and start a school when I received a letter from VA stating that I had to report for C&P exams. I called and did not offer to schedule exams locally for me, but instead told me that I had one year to get back to the US (at my own expense) and report for C&P exams or my claim would be pulled. After ten months there, I was basically forced to stop everything and come back to the US. I've now been back for two years specifically to deal with VA and waiting as partial ratings decision trickle out and more C&P exams have been required. I feel that I've waited long enough here and I'm moving back in a few weeks. However, as a couple of items are still in the rating process, I have no doubt that as soon as I get back, another C&P letter will come.

My questions are: Did VA have the right to put my claim on hold for 10 months and force me to return to the US rather than offer to arrange C&P exams overseas? And, should I be afraid to move back overseas knowing that another C&P exam will likely be scheduled and I'm probably going to get the same threats of my claim being pulled?

[Gena]

Thanks for the reply Wings and sorry for the delay. I'm preparing to move back overseas, so don't have a lot of computer time these days. At that time in 2007, VA did have my fathers address in Arkansas as not so much a permanent address, but a place to mail things stateside. When they mailed the notification of C&P exams to his address, I was able to call directly to the rating officer at the regional office in Little Rock (the good ole days) to discuss the matter. The ratings officer clearly understood that I was permanently living in St. Petersburg Russia and yet made no offer to schedule exams for me overseas or pay for travel back to the US. She simply told me that I had one year to get back or my claim would be pulled and I would have to re-file.

In my previous post, I wrote that I had to pull up stakes at the 10 month point and move back, but that statement doesn't do justice to the difficult position VA put me in in forcing me to return. At the time I had to return, I had a four month old son who had to travel back with me. The US consulate graciously granted a tourist visa to his mother, so she travelled with us, but had to return after a few weeks. The travel expenses to and from will have been significant, however it's the family hardships that have been the real downside to this. Not to mention the fact that the 24 hour trip from Russia to the US traumatized my little boy as he screamed the entire way. Needless to say we the parents were equally traumatized by that horrific trip. I dread the flight back, but he's 2 1/2 now, so hopefully it'll be better.

[Wings]

Thanks for the reply Wings and sorry for the delay. I'm preparing to move back overseas, so don't have a lot of computer time these days. At that time in 2007, VA did have my fathers address in Arkansas as not so much a permanent address, but a place to mail things stateside. When they mailed the notification of C&P exams to his address, I was able to call directly to the rating officer at the regional office in Little Rock (the good ole days) to discuss the matter. The ratings officer clearly understood that I was permanently living in St. Petersburg Russia and yet made no offer to schedule exams for me overseas or pay for travel back to the US. She simply told me that I had one year to get back or my claim would be pulled and I would have to re-file.

Gena, I'm fairly certain --that you are going to have to prove these facts ... for there is a "presumption of regularity" in government affairs; that the government does or did exactly what they are supposed to do (yea, right): so that, the veteran must "rebut" this presumption with evidence to the contrary. In your case, evidence that the VARO had actual, contructive knowledge of your permanant over-seas address. Request a complete copy of your C-File and comb thru all the documents. Hopefully, you will find some documented communication with the VARO regarding your permanant address.

In my previous post, I wrote that I had to pull up stakes at the 10 month point and move back, but that statement doesn't do justice to the difficult position VA put me in in forcing me to return. At the time I had to return, I had a four month old son who had to travel back with me. The US consulate graciously granted a tourist visa to his mother, so she travelled with us, but had to return after a few weeks. The travel expenses to and from will have been significant, however it's the family hardships that have been the real downside to this. Not to mention the fact that the 24 hour trip from Russia to the US traumatized my little boy as he screamed the entire way. Needless to say we the parents were equally traumatized by that horrific trip. I dread the flight back, but he's 2 1/2 now, so hopefully it'll be better.

I'm very sorry for your hardships, and for your son too. I had to travel 3000 miles by Greyhound bus when my boy was 3 y/o, so I do understand the pain involved. I hope you file this claim for "reimbursement" and add all the facts and figures, and win!! ~Wings