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Do You Still Have An Exam If The Va Does Not Service-connect Your Claim?

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pilgrim01

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What I mean is if you file a claim, does the VA determine if it is service-connected before you have an exam or after? It seems that it would be a waste of money on the VA's part if they send everyone for an exam and the illness is not service-connected. What do you all think? Thanks!

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If you have private medical records and they get them and an obvious proven nexus to your service they might forego a C & P exam at that point- but chances are they will probably do a C & P at some other point.

I saw it done- only twice-the veteran was obviously totally disabled and unemployable by PTSD.We sent his personal Psychiatrists records to the VA.He got award in 4 months -TDIU SC.I dont recall him ever getting C & P -his private records were current and extensive.

My husband didn't get a C & P when the VA diagnosed him with PTSD in 1983.He went there for a VA business loan.

The director of the VA (also a Vietnam combat veteran) recalled national news about an incident in Vietnam that Rod relayed to a shrink when he tried to choke an Oriental VA employee-the loan officer-and they sent in a shrink-

they played a trick on him- he thought the guy was another vet in trouble too and thought he was told to sit in a room to wait to be arrested.

The other guy was a shrink as well as Combat veteran and diagnosed him after they talked for an hour and revealed they had done this in order to see why he choked the loan officer (he had a flashback when he saw the Oriental guy)-

the Director of the VA confirmed an incident he had told this shrink about- it had been a volunteer Marine operation-te director said it made headlines here and the shrink remembered this happened while he was in Vietnam same time, place so they had a proven stressor and buddy statement of sort from the VA itself.

Ten years later however the VA checked out his other stressors when he went into the in house PTSD 21 day program.

If VA does not order a C & P-you are right- they have already determined in many cases, that there is no valid basis for a claim.

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  • HadIt.com Elder

Unless you just left the Military no exam and no award. Don't you think that the VA owes a Veteran a thorough review of a claim before saying no.

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  • HadIt.com Elder

I think when you file a claim that is plausable you will get a C&P exam most likely. I know I did not get a C&P exam when I got service connected for a few conditions because they were presumptive and I had strong evidence. I also did not get a C&P when I got out of the service. I filed within one year and the VA just used my military records and VA hospital records. I think getting a C&P exam is usually a good sign that at least the VA is considering your claim. For certain claims, especially emotional disorder claims, the C&P can be important as to service connection because of the diagnosis. For example, if you claim PTSD and the C&P doctor says you have a personality disorder you will then most likely get denied. That is when you have to get your own medical opinions to rebut the C&P and end up in appeals. I can't think of any claims I have not appealed at least for percentage of disability if not for service connection. If you have nothing in your file regarding the disability you are claiming you may get a flat denial without a C&P in certain cases. Just remember that you always have the appeals process no matter what the VA decides.

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OK_ thanks- Yes-with new evidence they will give you a C & P.

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  • HadIt.com Elder
What I mean is if you file a claim, does the VA determine if it is service-connected before you have an exam or after? It seems that it would be a waste of money on the VA's part if they send everyone for an exam and the illness is not service-connected. What do you all think? Thanks!

Well, for the VA to determine if you have a valid claim, then they will have to determine if you have a current disability, and to do so they will have to have you "seen" medically (a C&P). Otherwise, they would just have to take every claimant's claim at "face value". And, for them to determine if a disability is service connected, they will also have to have a medical determination.

So, most likely, you WILL have a C&P prior to any decisions vis a vis your claim.

Unless, of course, you are already providing the VA overwhelming medical evidence to support your claim, evidence that they have very unlikely chances of overriding with one of their own.

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