No C&p Exam

[windy city]

I was just wandring, is the VA not doing any more c&p exam for claims? A while ago I put in a claim and it denied so I went ahead and filed a NOD, today I recieaved a letter from the VA asking if I wanted to resolve my claim through a DRO or a regular or the traditional way. This is the second time this is happened to me were they do not send me to have a c&p exam for my claim. Has anybody been through this or this is the new way of the VA processing claims.

[jbasser]

That is not too odd. They are counting on the fact that if you get to a DRO or an Appeal hearing and you dont have a C@P exam on the record then it affords them what they want. TIME. The BVA will remand it back to the RO and tell them to schedule you for a C&P exam. It is all about the time the Government gets to keep its money.

One way to combat this FUBAR is to provide them with a well written IMO with all the evidence summarized and an opinion rendered. They that forces their hand as they must get an exam to compare.

A good way to find an IMO doc is to call a SSD attorney ans ask them who they use for IME's. They usually charge anywhere from 4 to 6 hundred dollars but these guys are usually Occupationa docs and can relate a disability to a persons lost earnings capacity.

Good Luck.

Edited April 24, 2008 by jbasser

[Ron II]

Windy City,

I hope you don't mind a related question added to this thread.

1. I have an appeal to a NOD denial at the VARO.

2. I have submitted a letter from a board-certified cardiologist in support of my appeal (new and material evidence since last review). This letter reflects all the published criteria for a higher rating.

3. With the above in mind, should I expect another C&P examination even though my letter is from an expert?

Thanks,

Ron

[Hoppy]

Windy City,

Is this a claim for initial service connection?

If yes, then they should give a C&P if you have an inservice diagnosis and presented evidence of a post service condition that might be related.

If your denial says that there was no evidence of the inservice disability they will not schedule a C&P.

If your claim is for PTSD we have found numerous decisions restricting the RO from scheduling a C&P until after the stressful event is confirmed.

Why were you denied?

[Hoppy]

Ron,

I have seen cases awarded without a C&P when the IMO meets are the requirements the RO needs.

[jbasser]

Windy City,

I hope you don't mind a related question added to this thread.

1. I have an appeal to a NOD denial at the VARO.

2. I have submitted a letter from a board-certified cardiologist in support of my appeal (new and material evidence since last review). This letter reflects all the published criteria for a higher rating.

3. With the above in mind, should I expect another C&P examination even though my letter is from an expert?

Thanks,

Ron

Ron, if you meet the criteria for a higher rating for heart disease, It should be a no brainer. The Ratings are based on Test results and the ratings are based on the Ejection fraction, Congestive Heart Failure and other information. The most significant test is a Cardiac Catherization. It is an actual person looking inside and taking the measurements.

For example, You have a heart Echo and your EF is 55 percent, You then have a heart cath and it shows your EF at 50 percent. The VA has to go with the Heart cath. It overrides other test results.

J

[Ron II]

Jbasser and Hoppy---thank you for the information. Ron