Guest phubai70 Posted November 6, 2005 Share Posted November 6, 2005 Is the VA obligated to perform a C&P exam? Link to comment Share on other sites More sharing options...
Jay Johnson Posted November 6, 2005 Share Posted November 6, 2005 Yes and no...it depends on where your claim is at in the appeals process. The VA has a duty to assist (actual regulation), so they have to allow you a C&P if one hasn't already been provided for you OR the one you had was not suficient to rate. If you have already had a C&P, but are not happy with the results then the VA has more discretion I believe. Even if they refuse another official C&P because you've already had one they must accept any civilian examinations as new evidence, which can bring up the greater of two evaluations regulations and/or reasonable doubt. Link to comment Share on other sites More sharing options...
Guest phubai70 Posted November 6, 2005 Share Posted November 6, 2005 Jay - I had a C&P in 2002 for PTSD ended up with a 100% rating in 2003. I filed additional claims for physical disabilities all were denied March 2005. Stated no nexus to service connection. It is my belief that a VA provided C&P examination would conclude nexus for service connection. Anyhow, I plan on submitting an NOD with New evidence and a request for a C&P. Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted November 7, 2005 HadIt.com Elder Share Posted November 7, 2005 Phubai Considering all the AO diseases you will probably get SC'ed for something in the future. I got SC for five AO conditions after getting IU. Link to comment Share on other sites More sharing options...
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Is the VA obligated to perform a C&P exam?
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