Request For Exam

[AlMoss99]

I Just received a letter that they want to call me in for a exam. However, I am now classified at 100% I.U. (No examinations will be scheduled in the future). 27 May 2008 effective Aug 2005. In addition, I am receiving SS Disability Benefits. Has anyone heard of receiving notice of a exam after receiving 100% I.U.?

Thank you for any assistance.

[robert51]

I was almost called in for an exam also ... almost because the VA office thought i was not going to my doctor anymore and i wasn’t i was going to a private doctor and as soon as they received the report the CP was stopped... I think they the VA check and think well now he is 100% and before he became 100% he came in twice a month, to see the doctor year after year and now nothing ... hummmm maybe he is self cured... never stop seeing a doctor and never stop taking your meds..

[AlMoss99]

Thank you all for your responses. As I noticed the FL VA doesn't have easy access to the NY VA records.. I wonder if the NY VA thinks that since I haven't seen a NY VA Doctor I'm recovered. Should I bring my SSD records to the exam?

[purple]

Your new VA doc should have access to all of your records as everything is computerized now. At least that is what the VA has been bragging about the past few years. So they have no excuse for not having access to your old records---that's a cop-out on their part. Don't let them use that excuse on you!

[AlMoss99]

I spoke to a number of individuals at the VA and they all claim it's not easy to gain access to the NY files. In a way it's an excuse not to find the files. I just spoke to my NY VA Rep. He was at a loss as to why the are asking for an exam. Claims that 55 yrs. is usually a cut off point for re-evaluation and based on my records and history No exam should have been schld. He said he will check into it and get back to me in a few days (He stored my records for he thought the last ruling finalized my claims). In fact when I received the 100% IU he stopped the apeals on the add'l pending claims.

[AlMoss99]

I spoke to a number of individuals at the VA and they all claim it's not easy to gain access to the NY files. In a way it's an excuse not to find the files. I just spoke to my NY VA Rep. He was at a loss as to why the are asking for an exam. Claims that 55 yrs. is usually a cut off point for re-evaluation and based on my records and history No exam should have been schld. He said he will check into it and get back to me in a few days (He stored my records for he thought the last ruling finalized my claims). In fact when I received the 100% IU he stopped the apeals on the add'l pending claims.

[carlie]

Almoss99,

VBA can request an examination at any time.

I would contact the NY VAMC and your closest FL VAMC and check

what appointments are scheduled.

Suggestion: Never miss an Examination or Re-examination for C&P -

even if you've been rated SC'd 100% or IU or P&T for thirty years.

VA 101 - Do not miss C&P Examinations or Re-examinations unless you are

hospitalized during the time frame of the examination,or at a funeral out of town

for an immediate family member or incarcerated. And at least make a phone call

or send a letter to advise the VA of this, along with your documentation.

Yes, if you should miss the examination and it has been over twenty years or

several other situations - yes, you can fight it if VA proposes a reduction.

In the long run the claimant would be allowing the problem to continue and

a possible proposal to reduce benefits if they do not take action and respond to VA.

jmho,

carlie

Re-examinations

http://edocket.access.gpo.gov/cfr_2008/julqtr/38cfr3.327.htm

Failure to report for Examination

http://edocket.access.gpo.gov/cfr_2008/julqtr/38cfr3.655.htm

Sec. 3.340 Total and permanent total ratings and unemployability.

http://edocket.access.gpo.gov/cfr_2008/julqtr/38cfr3.340.htm