Mr cue

I wouldn't do a cue yet you have time to appeal the effective date for the granted headaches. Make sure you do the appeal to the bva In The time period allowed. Once you get the record I would write a statement with the dates of all treatment and what the doctor said. I believe now we have to help the VA address our records by give dates of exams an treatment and what was said by the doctors. Good luck My thing is if the claim was final how did they reopen it. Did they use his service records?

I just learned that some vso and even lawyer don't understand the VA law as much as some veterans here on hadit. When I started following hadit 2000 2001. I didn't understand a thing. But I read follow other post that were like my issue. This smc benefits the vso never told me about it when I was granted tdiu. I learn about it on hadit. An started the journey 2018 an it has been a bigger fight than the 8 years of tdiu retro fight I won. But I will tell any veteran to learn the cfr and laws that the VA must follow.

Well here is my evidence letter to the bva on the cavc remand. I just took the evidence the lawyer at the cavc used to get my cases remand. So let see how they treated the cavc remand this time. The case is now back at the bva it say waiting to be send to the judge. Well let's see if he or she grant it or remand it to be play with again. This is my new thing I am put the date of exam and there finding on any claim or appeal form now on. Because it seems the VA and bva are picking and choosing which evidence to address these Days. My last point is a claim or appeal for lost of use. Don't let the VA keep ordering exams for the examiner to make the determination. The rater is to make the determination. I been going back an forth on this for 4 years. I had over 5 6 comp exam and a specialize loss of use exam. They will not accept not one or address them because the examiner didn't say I have loss of use. Smh. I can't make this up. Here is the evidence letter First this is the 2nd time the cavc has remand all my issues back to the bva. Because the bva will not address my favorable evidence and will not give a proper reason and base for there decision or address the board march 2001 march 2004 apr 2 2012 decisions for smc benfits as evidence. The court remand all 3 decision that were made the two in November and the one Feb plz address all 3 case that were remand by the court. Because you only list one decision from November on the evidence letter. If all three bva decision are no open or address or include in 60 days I will be doing a writ to the court because the bva is volating the court order. An cause undo delay. My case has been expidate by the court 2 times and the mandate. the bva has also advance my case due to my need of higher level of in home care . Not higher level smc. So plz address my need of higher level in home care an my evidence and exams that were order. The Board failed to address whether SMC benefits were inferred as part of his previous claims or appeals for increased ratings pursuant to Bradley, 22 Vet. App. At 294 and Akles v. Derwinski, 1 Vet. App. 118, 121 (1991). App Br. At 23-24. Special Monthly Compensation is established by a statute and as a benefit it is mandated to be inferred and decided on whenever the established medical evidence warrants it to be. 38 USC 1114 IN fact. I expressly stated that SMC benefits should have been inferred in my March 2001 decision, March 2004 decision, and the Board’s April 2 2012 decisions because of my favorable medical evidence of record at that time. But the board refuse to give and reason and base. 1. Smc l for the mental health. The board is refusing to address the June 2019 dro hearing or the reason why the dro order the comp exam to see if my mental health effects my day to day. The exam was favorable. The informal dro conference report is part of my record an addressed this. but bva will not address it or the favorable comp exam order for smc l for the mental health. On July 25, 2019 I underwent the VA medical examination for my mental disorders to see if it effected my day to day. That was order by the dro. The examiner reported that i have symptoms such as psychomotor agitation and retardation and difficulty completing tasks at home occur “every day” and “every other day. The VA examiner diagnosed major depressive disorder, generalized anxiety disorder, and panic disorder and noted that I experiences panic attacks 3-4 times per week with onset in the last 5-6 years due to “living alone without daily assistance to complete self-care activities. The examiner noted that I “became emotional when talking about his decreasing ability to care for myself and increased need for aid which he is [not] receiving from the VA.” The examiner noted symptoms of depressed mood, anxiety, suspiciousness, panic attacks that occur weekly or less often, near continuous panic or depression affecting the ability to function independently, appropriately and effectively, chronic sleep impairment, impairment of short- and long-term memory, difficulty in understanding complex commands, impaired abstract thinking, disturbances of motivation and mood, difficulty in establishing and maintaining effective work and social relationships, and difficulty in adapting to stressful circumstance. this give me the other smc l which give me the smc o and r due to my need of higher level in home care. Please address my Comp exam and the dro hearing and give a reason and bases based on my record for my smc l benefit for my mental health and my favorable evidence. This is cause harm to health this why the court has expidate my case 2 time and the mandate. 2. The effective date for smc l The board is refusing to address my record for smc benfits or any older bva decision for an increase rating. The Board failed to address whether SMC benefits were inferred as part of his previous claims or appeals for increased ratings pursuant to Bradley, 22 Vet. App. At 294 and Akles v. Derwinski, 1 Vet. App. 118, 121 (1991). App Br. At 23 Special Monthly Compensation is established by a statute and as a benefit it is mandated to be inferred and decided on whenever the established medical evidence warrants it to be. 38 USC 111 IN fact. I expressly stated that SMC benefits should have been inferred in my March 2001 decision, March 2004 decision, and the Board’s April 2012 decision Smc benfits are to be granted by the record and effective by the record . On May 29, 2003, my ex partner submitted a statement attesting to my limitations. According to Ms. some days, I “doesn’t get dress[ed] or take a shower.” Id. His neck and panic attacks necessitate frequent ER visits, and he is unable to hold his infant son because he has “lost feeling in my hand limitations she also that I was unable to contribute to even minor household chores The board is refusing to address my ex lay statement. For smc l need of help. the record contains a September 4, 2014 VA psychiatric examination in which expressed his need for assistan ce with independent living and the examiner noted that “a claim for A&A can be explored” and that she spoke to Voc Rehab ilitation Counselor “about this.” The record also contains a May 23, 2014 VA preliminary independent living assessment in which Hester noted that i had difficulties performing many activities of daily living. The record also contains an independent living plan dated January 14, 2015 in which one of the primary objectives was to increase his ability to perfo Likewise, a rm personal hygiene activities of daily living September 4, 2015 VA Vocational Rehabilitation and Education determination not es , inter alia, due to my living. achievement of a vocational goal is not currently reasonably feasible service connected disabilities and difficulties managing activities of daily. Please give a reason and base why this favorable evidence isn’t been address for my effective date of smc l benfits. 3. Effective date for my mental health an that it remain pending in appeal status . This error was particularly prejudicial because the original claim was filed in 2001 and denied in a decision dated June 27, 2002. I timely appealed and the Regional Office issued a SOC on September 16, 2003. In response, on September 16, 2003, i submitted a statement in support of claim disagreeing with the determinations in the September 5, 2003 SOC. However, to date, the VA has not addressed whether my September 16, 2003 statement constituted a substantive appeal of the SOC thereby rendering that claim non final. Alternatively, the Board has not considered whether my original claim was reopened and reconsidered with new and relevant service records thereby triggering the application of 38 C.F.R. § 3.156© to determine the proper effective date. I used my service records from 1993 to the reopen my If the VA were to determine that my psychiatric condition claim warranted an earlier effective date then the Board’s determination that his psychiatric condition alone rendered me individually unemployable might also be given an earlier effective date and, thus, the Board’s award of SMC based on his housebound status would also be given an earlier effective date The board will not address it apr 2012 bva decision which address the other errors commit by the buffalo ny regional office and the granted of extra scheduler tdiu from 1993-2001 Please give a reason and base an address my favorable evidence An the bva decisions in my record. 4. Loss of use under smc benfits for my upper extremitiy. The Board failed to address whether SMC benefits were inferred as part of his previous claims or appeals for increased ratings pursuant to Bradley, 22 Vet. App. At 294 and Akles v. Derwinski, 1 Vet. App. 118, 121 (1991). App Br. Special Monthly Compensation is established by a statute and as a benefit it is mandated to be inferred and decided on whenever the established medical evidence warrants it to be. 38 USC 1114. . I expressly stated that SMC benefits should have been inferred in his March 2001 decision, March 2004 decision, and the Board’s April 2012 decisions an evidence of record at that time the rater is to make the determination not the examiner By law. please address my favorable evidence and favorable comp exams and the specialize loss of use exam by law. An please stop trying to order more exams for the examiner to make the determination. I refuse anymore comp exams. I have had over 5 comp exams I even had the specialized loss of use comp exam Order all favorable please address my evidence and my 25 year record and over 5 bva decisions which are all part of my record which all address my loss of use. I receive in home care pay for by the VA hospital because of my loss of use but the board will not address any of my favorable evidence for loss of use. The decision is to be based on remaining function. Not been able to make a fist not been able to left my arms over my head. not been able to tie my shoes . Loss of feeling in my hand not been able to stand for long periods etc Please follow the VA rules on loss of use. Responsibility for Determining LOU The responsibility for determining whether there is loss of use (LOU) of an extremity • rests with the rating activity, and • cannot be delegated to the examining physician. c. Information to Request From an Examiner to Determine LOU When requesting an examination to determine LOU of an extremity, ask the examiner to furnish a • detailed objective description of remaining function • quantitative assessment of strength for each extremity involved, and • description of any pain that affects use. Do not request that the examiner • determine LOU, or • express an opinion as to whether there is, or is not, LOU of an extremity or extremities. Note: If LOU cannot be determined upon review of an examination report, request an appropriate specialized examination. References: For more information on • considering functional loss due to pain in claims for SMC, see Tucker v. West, 11 Vet.App 369, 374 (1998), Some of the Favorable evidence and exams the bva refuse to address. VA medical examination of his neck on July 10, 2003 It was noted that his neck pain is constant and radiates into his bilateral upper extremities, causing “weakness to the left hand.” The VA examiner reported that i have “severe cervical spine disease” with “marked limitation in use of the left upper extremity” and is “unable to lift more than 5 lbs” or raise his arms above his head. a report dated November 18, 2003, M.D., noted that I have left-sided neck pain “and numbness of the entire left arm and hand.” Dr. reported that I have “great difficulty with any prolonged period of standing, sitting stooping, squatting, kneeling, bending, reaching, climbing, walking or twisting” and that the discomfort from his disability impaired his sleep “and sexual functions. VA medical examination on January 11, 2010. He endorsed moderate-to-severe neck pain that radiates into his left arm and hand. The examiner noted i “have severe restrictions with any lifting with my left arm and also severe restrictions on any bending, lifting, twisting.” I underwent another VA examination for My left upper extremity on July 17, 2018. The examiner noted that I have moderate constant pain, severe intermittent pain, moderate paresthesias and/or dysesthesias, moderate numbness, and muscle atrophy, in his left hand. She also noted that mr experiences decreased sensation in his left inner and outer forearm, and hand and fingers and severe incomplete paralysis of his ulnar nerve of his left upper extremity. The examiner further opined that I was limited to lifting and carrying three pounds, was limited in fingering, handling, feeling, fine motor movements, keyboarding, mouse work, and working with his hands over his head. The same day I received a Paraprofessional Care Plan for in-home care services to assist him with bathing, skin care, dressing/undressing, reminding him to take medications, meal preparation, cleaning, diversion/socialization, and maintaining safety.. On July 25, 2019 I send to the specialized loss of use exam of my upper extremity.. . The examiner diagnosed left ulnar neuropathy due to left elbow fracture. The examiner noted I can only lift and carry three pounds and is limited in finger, handling, feeling, fine motor movements, keyboarding, mouse work, and work with his hands over head. She further noted i cannot make a tight fist with his hand and has significant weakness with thumb to finger testing of all fingers. The examiner noted severe intermittent pain and paresthesias and/or dysesthesias, and numbness in my left upper extremity. . She also noted reduced strength and decreased sensation. The examiner opined I have severe incomplete paralysis of the ulnar nerve and that the pain along his entire arm from his elbow to his fingers which has a significant impact on activities even though it is his non-dominant arm. But the board refusing t to address the specialized loss of use exam they ordered or any evidence or comp exam they ordered. Please give a reason and base you have order every exam. there are no more exam to order address my case. 5. Housebound by fact smc s and the effective date there are two ways to smc s and the board refuse to address that I have been confine to my home for smc s purposes. The Board failed to address whether SMC benefits were inferred as part of my previous claims or appeals for increased ratings pursuant to Bradley, 22 Vet. App. At 294 and Akles v. Derwinski, 1 Vet. App. 118, 121 (1991). App Br. Special Monthly Compensation is established by a statute and as a benefit it is mandated to be inferred and decided on whenever the established medical evidence warrants it to be. 38 USC 1114. . I expressly stated that SMC benefits should have been inferred in my March 2001 decision, March 2004 decision, and the Board’s April 2012 decisions an evidence of record at that time Howell versus Nicholson, March 23, 2006 number 04-0624 CAVC “The term “substantially confined” is not defined by statute or regulation. See id. Because the meaning of the term “substantially confined” is ambiguous and there is no regulatory interpretation, “the Court must determine the meaning” of the term “and the Board’s obligation” thereunder. Thompson v. Brown, 8 Vet. App. 169, 175 (1995); see also Jackson and Cropper, both supra. The Secretary submits that the clear implication of this term is that the requirement that one be “substantially confined” is met when the claimant is restricted to his house except for medical treatment purposes. The Secretary, citing to Senate Report No. 1745 (June 27, 1960), notes that in passing section 1114(s) Congress intended to provide additional Compensation for veterans who were unable to overcome their particular disabilities and leave the house in order to earn an income as opposed to an inability to leave the house at all. I was granted 60% tdiu one condition March 2004 I was granted extra scheduler tdiu from 1993-2001. So please give a reason and base why I am not been give smc s housebound by fact when the evidence of record since 1993 show I have not been able to leave my home to make a income and my condition was permanent and total. 6. The increase rating for my mental health . First the board stated that I meet both the 100% and the 70% rating but that they are granting me the 70 % rating. Without given and Base Without address § 4.7 Higher of two evaluations. Where there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be given The cavc has stated that the board hadn’t even address that they have stated that my mental health is total in there own decision. The Court need not reach the issue of whether determining occupational impairment for the purpose of evaluating a service-connected psychiatric disorder and employability for the purpose of awarding TDIU are separate questions, because the Board in its November 22, 2021, decision, failed to consider all relevant evidence. the Board found that there was “no indication” that the psychiatric disorder “would totally impair his employment,” but it did so without discussing its potentially favorable January 2020 factual finding that the psychiatric disorder is evaluated as “totally disabling” and “renders him unemployable. 7. I refuse any more exam I ask for a decision based on my 25 year record for smc benfits and for the bva to address it older increase rating decisions in my case and to address the favorable evidence and comp exams that are part of my record. The Court reminds the Board that “[a] remand is meant to entail a critical examination of the justification for the [Board’s] decision,” Fletcher v. Derwinski, 1 Vet.App. 394, 397 (1991), and must be performed in an expeditious manner in accordance with 38 U.S.C. § 7112. Mariano v. Principi, 17 Vet.App. 305, 312 (2003) (Court noted that it would not be permissible for VA to undertake further development if purpose was to obtain evidence against appellant’s case) Might also look at: Adams v. Principi, 256 F.3d 1318 (Fed. Cir. 2001), (in which the court stated that it would be improper for the Veterans Court to remand a case to the Board to give the DVA another opportunity to develop evidence needed to satisfy an evidentiary burden it had failed to satisfy the first time, i.e., to “attempt to introduce new evidence sufficient to make up the shortfall” in the agency’s proof. Id. At 1322.” So please address my case and favorable evidence and the many comp exams and bva decisions . That are all part of my record for smc benfits.

I had a problem like this with the chief who handle independent living program for me. I did a Amin review to Washington DC they told them to purchase items. That was 2016. I still don't have the items I try to appeal the chief wouldn't put the appeal in the system. They are a whole different department. I even wrote the head of regional office to get them to process the administrative review. But I upload the appeal and took it up to the regional office. To this date they have not process it. I am fight another fight right now. So I have press them about the appeal. But it part of my record Good luck I would try doing a writ to the court to get them to address it. If the bva hold it or don't tell the VA to implement the court decision

Ok I agree a veteran shouldn't miss a exam. U are right lol smh They shouldn't fear the reduction. They are volating the law if they refuse a comp exam. Don't fight the VA when they keep sending and ordering the same exam. Because you will be denied. You have no rights. There is no need to complaint to the Whitehouse hotline because you can just call the VA or the private contractor. That should fix any issues Did I cover it all. So we can let it go I think ever veteran on hadit understand. The issue

Well today the cavc remand show up on VA.gov Here is were it can be granted or remand to the regional office. Let's see how long they take this time to address the case. My case is advance on docket also. Your appeal is waiting to be sent to a judge Your appeal is at the Board of Veterans’ Appeals, waiting to be sent to a Veterans Law Judge. Staff at the Board will make sure your case is complete, accurate, and ready to be decided by a judge.

We're have I ever told a veteran to violate the law. Lol. Smh. Yea I think it's really time for me to give hadit a break. Things are alot different because this is crazy Man listen I fought the VA for Years for my benefits. I understand the law. An have won many case pro SE bva cavc because I understand the law. An don't allow the VA to violate the law. An like I said I post from experience.

Ok this is my last time even addressing this an veterans can choose to do what they feel is best for them. ok.you guys are posting about the VA ordering exams to reexamine a condition. We all understand that VA award that isn't pt they reexamine. An you can't refuse that exam. I a veteran feel that the VA is ordering exams over and over you can refuse anymore exams. If the VA order exam for conditions you didn't claim. You can refuse the exam or cancel it. If you apply for a condition or smc benefits and the VA try to open all your disability up for exams. You can refuse or make a complaint to the white house hotline. An upload a statement. My post is based on experience. My post is based on a cavc remand I just received because they denied because I refuse the exam. An didn't address any of my favorable evidence. So to keep tell veterans they can do anything if the VA does something wrong. Is a disservice to me. I think most of us is here on hadit because the VA didn't follow the law. This has got so bad now ppl are telling veterans. The private contractor order the exams. Lol. So tell a veteran a private contractor can just open all there disability to review. Is that not a disservice. The VA has to order exams the private contractor is to complete what they order. Smh. But this is my last post on these exams. Because you all can see what is going on. Ever week there is a veteran post about unnecessary exams. An this is my opinion based off experience. Not something a lawyer published on there web site

Well here is another one. Unnecessary exams been order. Well I would be call the Whitehouse hotline an make a complaint explain that you didn't apply for an increase in your PTSD rating. Tell them what you apply for a also upload a statement so it will be in your record. If it was me I am cancelling the exam for PTSD. But other will tell you you can't fight of they try to reduce you. I am from the school Don't give them a chance to play with you. Good luck

I never believe they were going to be processing claim better when they came up with all this ama stuff. It just gives them different lanes to whole or delay claims. An make there numbers look better. My thing I try to tell veterans is check your docket number. Because I had a remand by the bva the VA wouldn't send my case back to the board. Made me do new nod and form 9. Well they took the two claims removed them from a cavc remand docket number. Started new appeal stream well I end up been 100,000 in line. With new docket numbers When all bva remands are to be return to the front of the line by law. I had to do a writ. To get them to have to make a decision. Short story if you appeal a VA decision once you get a docket number. It doesn't change everytime the bva or cavc remand your case This is how veterans end up with different effective dates if there appeal is granted.

Glad it work out for you.

My first cavc appeal I did it pro SE won the remand. The 2nd one the VA try to make me handle 3 cases at the court at the same time. That a hold other story. I was look for a lawyer this time an also was turn down by all the big firms because I am tdiu. They were not interested in a smc benfits appeal. My advice is do to do research on your condition search the bva site and find out what the bva use to granted your issue. No one is really go to fight for your benfits. I had a vso years ago do you think they explain smc benfits to me. No. I had to find out here on hadit. I did my research an found I should have been receiving it all along. They never inferred it. I had a vso when the VA Left my claim from service in appeal status form 1993-2001. I fought an won that 8 year retro. Pro SE. I had a vso when I apply for mh 2001 an the VA has even left this in appeal status. I just got the court to remand this to the bva to address the pending appeal. Do you think anyone of those vso understood this no. You must do your owe work this is my opinion.

Ok see this is were you are lose this was the first remand from cavc to bva. The bva got the remand from the court and stated a regular medical appointments with my doctor asking how you feel today. I feel good today. This wasn't a comp exam or anything a regular doctor note from a visit. An that is how it all started. Video chat during the pandemic lol The judge stated my condition improved off this one medical note to order more exams. An not address the 7 comp exam order during the appeal Well like I said I refuse anymore exam and ask for a smc benfits decision based on my record the way the law states. Well they choose to do was nothing I withdraw it. because they were hold everything with this bogus remand Well the court has remand it back to them and told them to address my favorable evidence for loss of use and there own bva decisions in my case. Which were increase rating I receive in home care for loss of use. Pay for by the VA hospital. Do you think judge stated that lol So just what you point out is how they start reduction on a veteran And play games They can't reduce me so they choose to keep playing games like I said I wait until I was protected because I understood my case is big. An there games I didn't apply for my smc benfits until 2018. I have been to the cavc twice and now on my second remand to the bva. All expidate due to my need of in home care. I am smc l and half I am fighting for the smc r. An I just got the cavc remand to address it this time again. but they will try a new game. Last it has been working well in my case I am smc l and half. An once my favorable evidence and comp exams are address I will be smc r.

See this might be the reason for the general exam. Because it is been claim as secondary to the other condition. I could be wrong but if that the case they might have the right to those exams of the other condition. I have never done a secondary condition claim. So I don't no all the rules. May others do

Well many will tell the veteran the VA has rules for reduction. An if they do a reduction you can fight it. Well I am from the school I am not get set myself up for a fight that I might lose my benfits or fight for year. That why I wait until I was 20 year protected to fight for the smc benfits that should have been inferred in my case since 2001. I understand the game and just like I thought when I did the claim for my back smc benfits. There 3 notes in my record asking for a reduction. All told I am 20 year protected. Crazy part they were try to open all my disability to do it. The law is ever time a veteran put in a increase rating claim. Smc is to be inferred or look at the VA has the duty to maximize your claim. Even if you don't ask for it. If you have to apply because they didn't do it. it's not part of a increase rating. An they can't open all the disability because you apply. They have to address the record an any increase rating decisions that were made in your case. Cavc just ordered this in my case. Just point this out to watch for. I just refuse to have another fight Over a comp exam that shouldn't have been ordered. Many feel different. An I will say it again if it is a original claim from service. You need to attend the exam never refuse to get a proper decision. My advice is not for that purpose maybe I need to clear that up

Ok everybody has there own way of handling things. I choose not to play the exam game it has nothing to do with reduction because I am 25 year protected It has to do with let the VA try to find a doctor to give a unfavorable medical opinion. Here is the example I refuse any more exam after the court remand my case the first time to bva. The judge want to get this opinion in my record so bad that he write of I refuse a exam get a medical opinion Well they private contractor wouldn't give a opinion without a exam. The board denied the appeal did address any of my evidence in there denial. The court Just remand it back to the bva to address my favorable evidence. I even example the VA game with open all your disability when you apply for smc benfits. I withdraw ever exam order for my condition. An I received a exam for smc benfits and was granted smc l. Without accepting the exam for all my disability. To each it owe but I am not fight these bugos exam. That will be a whole new fight. Like I said if this is your original claim from service you have to attend the exam. But if you have a 10 15 25 year record and they refuse to address it and order new medical opinion to put in your record I will fight and denied the exam.

These are the closest decision that I have found but they only address the bva handling of a cavc remand. The Court reminds the Board that “[a] remand is meant to entail a critical examination of the justification for the [Board’s] decision,” Fletcher v. Derwinski, 1 Vet.App. 394, 397 (1991), and must be performed in an expeditious manner in accordance with 38 U.S.C. § 7112. Mariano v. Principi, 17 Vet.App. 305, 312 (2003) (Court noted that it would not be permissible for VA to undertake further development if purpose was to obtain evidence against appellant’s case) Might also look at: Adams v. Principi, 256 F.3d 1318 (Fed. Cir. 2001), (in which the court stated that it would be improper for the Veterans Court to remand a case to the Board to give the DVA another opportunity to develop evidence needed to satisfy an evidentiary burden it had failed to satisfy the first time, i.e., to “attempt to introduce new evidence sufficient to make up the shortfall” in the agency’s proof. Id. At 1322.” Now the thing is for me is to get the bva to follow the law this time on my cavc remand.

Listen everybody have different ways of handling there appeal or claim. My take on all this exam stuff is this. You can play the exam game an hope they get it right. When they are ordering exam over and over I will take the denied an appeal it to the court before I sit there with all the games I did just that my claim was remand back to the bva by the cavc to address my favorable evidence. An let them try an order exams again I will denied them again I have had over 8 comp exam and they will not address not one because they were all favorable. So they will address it sooner or later but I will not be fight one exam for my benefits. Now if this is a veteran original claim from service I would never refuse an exam. But we are talking about remand from bva and cavc. Were they are still trying to order exam until they find one to use to deny your claim. Last I care less were anyone work but to get upset because a veterans file a complaint an at least feel they got somewhere. Is the problem Last I am done with this I think everyone understand my opinion on the comp exam and if u have a problem with them. Complaint to the Whitehouse hotline so your complaint can be recorded that is the way we change this. Because we have no other type of contact with anyone at the bva or VA. You can't tell me this wasn't done on purpose. Soon as all this exam game came they cut direct line to bva. Smh

The more broken jump on every post about a exam or anything to do with a contractor exams. Show me that they understand what is going on. And to tell a veteran that they don't need to file complaints. Should tell everyone something is up with these contractor exams. Plus Every veteran that has a problem with a exam do a complaint. So this can change and get fix

This is the thing they don't want you to complaint to Whitehouse hotline because it is track. If you would have done the little 1800 inquiry they will respond when they feel. They have to respond to Whitehouse hotline. Veterans need to use it because they will soon try an take this away

Glad it work out for you and now they will have to address it. Once they get so many complaint they will change and address this bogus stuff. An like I said I was granted smc. An I withdraw the increases rating exams. Smc is to be inferred in an increase rating claims. Not treat it as one when the VA didn't infer it.

My advice is to do a complaint to Whitehouse hotline. It becomes apart of your record if you have a issues or have to appeal to cavc Upload a statement refuse the exam. This might hold up the claim but they have to address the issue or denied it. An with this no contact with bva or VA but the 1800. Has end anyway if getting anything address at those levels now. There is much you can do this is the new thing I am see a lot of post about the VA using these contractor exams. To delay or just keep ordering the same exam over and over. To delay addressing the case. It's like they have no oversights in them because I have never seen this so much. Listen I apply for smc benfits they try to open all my disabled. Even try to get a reduction stating my condition had gotten better. Got my record there were 3 different times they were told I am 25 year protected. Good luck

Yes I have done a few you will never win one. This is what I see But if your case isn't been process I would tell any veteran to do one. If it been 3 years with out a decision not talk if you are waiting on hearing I would. At the least it may get the case move look at the court might ask the VA to respond. Last big part you must show that you have been trying to get the VA bva to respond. Upload statement fax etc. With dates.

Do no what happened to the thread I was using to explain all this. But any way I got the 90 day evidence letter fax over today. Didn't have to wait for it to come in the mail. Well there look like them are about to play games again. The court remand all 3 decision they made I get the letter now they have only two of the decision. This is crazy. Anyway I send off the 90 day waiver letter with my statement. If they don't fix it in the next 30 days I will do a writ to the court I refuse to sit here an let them do this. The court remand clearly stated all 3 decision. Well guess I am going to have a new fight with them. Smh

im interested in this if anyone has comments...what changed here? wasnt favorable findings always binding? were favorable findings being tossed Yes this is crazy because the VA just has not been address any of my favorable evidence. Also Exams even there own decision are favorable evidence that they are to address. I just got a cavc remand because of them not address my favorable evidence or there own older decisions in my case I will be putting this cfr with my 90 day evidence letter. Because I also have been send to over 5 6 comp exams for the same issue all favorable. But they keep not accepting the exam. An ordering new ones and never address any thing with the other 9 exams which are part of my record. My opinion is that they hire all these new people at the bva that don't have knowledge of the law or how to process a case. I am doing something new this time I am including the date of exam date of bva decisions an put the evidence in my 90 day letter. What the doctor said. I will no longer let VA to look for my evidence. Than they can not just not address what you put in your statement. Court just remand my case for this also