Has Anyone Received An Increase Based Off Of New Evidence Only?

[pilgrim01]

I was just curious if anyone have ever received an increase based off of new evidence submitted and didn't have to go through another exam? Thanks!

[livingrock21]

Pilgrim,

This is my experience, and could be totally diferent than everyone else's. The only thing they used my medical evidence was for service connection. After that, everything was based soley off the C&P exam. Now, once again in my case, I recieved the wrong C&P exam(it was for a different condition then the condition I actually have). I've requested a new C&P exam, but the VA doesn't want to send me to one. It's more efficient for them to base everything off an invalid C&P exam.

So here's my outlook. If the C&P exam you already recieved was favorable for them, then you probably wont have another C&P exam for those conditions. Unless, you request an increase. If you put in a claim for increase, they have to give you a new C&P exam.

I'm sure other people on here will be more helpful then me. Also, like I said, this has been my experience.

Tyler

[cowgirl]

Yes, I have recieved increase and no new c&p exam. My records, va doc and private doc clinical records supported the 'increased' change in my condition. I have also been denied on the same principle without a c&p for claimed increased sc disability.

I do not have the specific reg's just now, but I don't recall if the va is required to give a new c&p.

Best to ya,

Cg'up2009!

So here's my outlook. If the C&P exam you already recieved was favorable for them, then you probably wont have another C&P exam for those conditions. Unless, you request an increase. If you put in a claim for increase, they have to give you a new C&P exam.

I'm sure other people on here will be more helpful then me. Also, like I said, this has been my experience.

Tyler

[livingrock21]

Thanks for the clarification Cowgirl, your wonderful.

You know, I was just about to point out(was sitting thinking about it). That I'm probably the exception here. For one, my condition isn't based off x-rays, mri's, ect.

Also, I'm not sure why they wont send me to a new C&P exam, nor will they disregard the invalid C&P exam I recieved. I should have said that my case is a lot different, and that I am the exception here.

Pilgrim, you'll start to see, as I'm sure you already have, that there are a lot of very knowledgable people on here.

[pilgrim01]

Yes, I have discovered that livingrock.

Cowgirl, thanks!

I was just wondering whem I file the "request for reconsideration" or NOD (havn't decided yet), if they will base it off my current X-rays and MRIs or will they send me back to the doc? All the X-rays and MRIs were done in the last month and I have copies of each. I just received my award rating on Saturday. I'm at 40% and I feel I need to be atleast 50.

Edited March 23, 2009 by pilgrim01

[john999]

I got an increase for a heart problem from 0% to 60% and I did not get another C&P exam. I got a lot of tests between the 0% rating and the 60% rating. I got the 60% rating based on my appeal of the 0% rating. This was the result of a DRO Hearing. I have gotten SC'ed for conditions without ever getting a C&P exam. It was based on my medical evidence via the VA's medical records. If you have good evidence in your VA medical records you can sometimes get and increase or SC without a C&P exam. It does not happen all the time but it is possible. I think for mental conditions they almost always want an initial C&P exam but on appeal you can get an increase without another C&P.

[pilgrim01]

I guess I'll have to file a Request for Reconsideration with the X-rays and MRIs and see what happens.....

Now, since I am at 40% (30, 10), how do they re-calculate? Let's say they give me 20% more, do they calculate 40% and the new 20% or do the do the whole calculation over (30, 10, and now 20). I know they start high and go lower for the numbers.