No C&p Exam

[crosssabers]

Hello there.

I am wondering if anyone has had their claim decided without a C&P? I submitted plenty of paperwork in support of my claim, most from VA itself, so I am wondering if this has happened to anyone else out there?

[rentalguy1]

they get denied everyday without a C&P ever being performed.

[crosssabers]

Thanks Rentalguy-I was asking about claims being decided, not denied, but this brings up a question about that.

If VA is provided with hard evidence in support of a claim and they do not request a C&P, just deny outright-wouldn't that count as a CUE? They were provided a couple years worth of documentation including a 5 page document from VA Mental Health including a diagnosis (AXIS) and GAF dated 6 months prior to filing for the claim. I feel that would be a terrible injustice and wonder if they can just get away with overlooking something like that?

[sandboxsquid]

crossabers, I am in the same boat as you and was wondering the same exact thing. I spent a year in Iraq and filed for my claim in January 2008. I have received some correspondence from the VA and replied with all the necessary documentation immediately. Right now I am just playing the waiting game, but all my medical work was done at military hospitals.

[crosssabers]

Hopefully it will be decided favorably without C&P's. You'd think the VA/Army documents would be enough. It's not like a LOT of time has passed and there is a claim without anything to back it up...

Just got this back from IRIS-seems pretty hopeful:

Response (Department of Veterans Affairs)06/25/2008 10:46 AM Mr. XXXXXX:

Your claim is still pending. The file is out the the rating board. What they decided is still unknow. Once we receive the file back in we will enter the decision and sent out a letter. We hope to resolve this within the next 6 weeks.

Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message or see our other contact information below.

Sincerely yours,

XXXXX

Veterans Service Center Manager

[sandboxsquid]

I couldn't agree with you more. All my ailments are recent, and they have access to all my records from the local base. Only time will tell, and it probably makes too much sense for this to become a reality. Good luck with the claim.

[cowgirl]

Thinkin the best for ya, don't recall having recieved a letter with '6 weeks' on it. Sounds like youre special!

cg (ps caution, Iris, 1800 or written requests from vet/vso can be fodder in SOCs)

Hopefully it will be decided favorably without C&P's. You'd think the VA/Army documents would be enough. It's not like a LOT of time has passed and there is a claim without anything to back it up...

Just got this back from IRIS-seems pretty hopeful:

Response (Department of Veterans Affairs)06/25/2008 10:46 AM Mr. XXXXXX:

Your claim is still pending. The file is out the the rating board. What they decided is still unknow. Once we receive the file back in we will enter the decision and sent out a letter. We hope to resolve this within the next 6 weeks.

Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message or see our other contact information below.

Sincerely yours,

XXXXX

Veterans Service Center Manager

[crosssabers]

Hate to ask...I looked up SOC (didn't know what it meant, doing the best I can with all the new acronyms!) B)

So now I know it means Statement of Case. How can the inquiries be used against me/my claim?

[sandboxsquid]

Well, as luck would have it I got the call from the VA yesterday. My C&P exams have already been scheduled. I guess the doctors at the local military base by me can't be trusted.

[john999]

My originals claim 37 years ago was decided without a C&P exam. I have had two others decided without C&P exams just based on medical evidence.

[cowgirl]

Crossbars, didnt mean to caution you too much. I'm just thankful we have ways to inquire now'a'days. Over a decade ago when I filed my first claim, only service representatives got and interpeted VA information. I regularly use IRIS and 1800 VA along with my vso for inquiries. Just got a claim rating back and was surprised to see a telephone call 'referenced' in the SOC discussion. I prefer to be able to print out 'correspondence' as proof.

Sandbox do read the forum on who the C&P doctors are and how the doctors conduct compensation exams. Knowing about the particular exam, say sinus, cardio or depression can lead you to the right 'exam worksheet' so you can know what to . As far as the base medical records not being trusted, it depends on the specific statements made in regards to your disability isses desired service connection. You, I and others are here at Hadit because of having what we think is clear disabilities in SMRs that the VA overlooks. Well the VA raters and regulations require specific information and recency connections to the claimed issue. For someone fresh out of the military, the exit discharge holds a lot of weight, usually. But, also do IMO statements by an accreditied physician (could be VA or a private physician or a base physician) showing continuing care or validation for a condition incurred in service. Along with the claimm, the VA that chooses to rate the issue as sc or not, hopefully using thier regulations.

Example, after discharge, I had a condition that I thought clearly without a doubt service connected me because it had hospitalized me in ICU within 12 months prior to discharge and I had an onging physician care on base until the time I retired. The va did their exam and sc some issues but not this 'larger' more important one. Took me near 3 years to get it connected, thank God the same doctor wrote an outstanding strong statement - got SC @ 0%!. Ok, VA or VSO (at that time) didnt advise me I was incorrectly rated for the sc issue. Fast forward to near 10 TEN years later, sc 0 to 60% With Hadit help, I read and reread, didnt give up even with the major depression. And I believe "preperation & education" is the key. As of last year, lawyers for veterans have entered the picture - a longgg time coming if you read the posts of yesteryear.

Er, sorry for bein long winded, just want to welcome you and support.

Best to Y'all,

cg

Hate to ask...I looked up SOC (didn't know what it meant, doing the best I can with all the new acronyms!) B)

So now I know it means Statement of Case. How can the inquiries be used against me/my claim?

[sandboxsquid]

cowgirl, thanks for all the help. I have been seeing quite a few specialists, private and military since my return. Reading what to expect during the C&P was a real eye opener. Hopefully going into the exam with this advance knowledge will only help my cause.

[cowgirl]

Yw, anytime. If ya can, take someone with you or at least take handwritten notes, why not? Once I took copies of SMR pages for proof and the exam worksheet - doc used both!

Best to ya,

cg

cowgirl, thanks for all the help. I have been seeing quite a few specialists, private and military since my return. Reading what to expect during the C&P was a real eye opener. Hopefully going into the exam with this advance knowledge will only help my cause.

[mobie16r]

I went from 30% to 100% PT without a C&p.I had C&P Oct 24 2003 and was rated 30% March 29 2004,i file a NOD and ask for a "DRO"i submit a lot of new evidence and ask that my claim be granted from initial date which was June 1 2003,i also attended counseling at the va and went to my Private Clinical Psychologist and i was rated 100% PT Nov 9 2004 and date back to the original date of June 1 2003.

mobie

[Ricky]

If VA is provided with hard evidence in support of a claim and they do not request a C&P, just deny outright-wouldn't that count as a CUE?

No for this would be a simply interpertation of the medical evidence provided. In this situation the response would be that the medical evidence provided soundly supported the denial. Not right but it is the way the system works. There would be no CUE as this would be a judgement call by the rater. Maybe a bad one, but it would be one.

[crosssabers]

I wondered about the CUE since at least some of the documentation (the most important to the claim) is from VA with a cut and dry diagnosis (AXIS & GAF).

[Pete53]

No C&P equals no rating most of the time

[Guest Vietnam Tanker]

I would write or call the VA RO and demand a C&P as soon as possible.

[sandboxsquid]

Had my first C&P last week, and I think it went well. Have a second one next week, as well as a follow up on the first one. Is it normal to get a full physical? The doctor also recommended me for service with the VA for my pain. Is this possibly a good sign?

[john999]

When did you get discharged? I think a full physical is a good thing since they might find other things that could be service connected. If it is within one year of discharge then the things they find would probably be SC'ed.

[sandboxsquid]

I was discharged in December of 2007.