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

[pilgrim01]

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!

[Testvet]

I was given many exams before I was ever service connected for anything, C&P exams are usually done to get a documented statement on how you are doing right now at this time not what you were like or what your doctor says you are like, they want their own doctors to examine the veteran in my cases it worked out to my advantage the docs were sure that my real health would neverbe the question and they totally admitted to my real health because they were positive that my heart problems would never be SC as secondary to my PTSD they lost that argument....

It is exactly what they claim it to be a current health exam it is only in rare cases where they don't give a vet a C&P and award the claim more than likely they give a C&P and then deny or in some cases like in PTSD if the vet can't prove a stressor then they just deny the claim without even getting a C&P done, because administratively the vet does not meet criteria for SC

my question is aee you filing a claim because you were physically or mentally damaged by your service or is this an attempt to get a "pension" as you call it. If you did 20 years you should already be getting your pension VA compensation is for loss of potential wage earnings, loss of quality of life etc VA compensation is not meant as a pension plan although for many vets that is what it ends up being, but that is a secondary thought to most service connected vets

[carlie]

Carlie...

I was going to try to find the link for you, however, it is not all that important to me. According to what I read, Vets were caught in catch 22...they could not get service connected without an exam, and VA would not give an exam unless you were already SC'd.

bronco - this has never, ever, ever been true.

You have mis-stated an important fact here that calls for correction.

Because you understood a rule to read a certain way does not mean

that is factually how the rule read.

I have learned long ago not to fret when people dont beleive me.

bronco - it has nothing to do with believing you - that statement is simply 100 % incorrect.

I have had people call me a liar, that Regional Offices are all the same and that there is no difference in compensation among VARO's. After I showed them the AG report, they stopped.

I am in total agreement that there many difference's in compensation to veteran's among VARO's - Illinois was a huge one.

It's not limited to RO's and is predominately

done more often by decision maker's that work for the RO's.

Even a very well known member here accused me once of not telling the truth when I mentioned that the hearing date for the shredder incident had changed.

Yes, the hearing date had been changed, but many did not know of the change until several days later.

The member that you chose not to mention her name, the way I remember itdid not accuse you of not telling the truth.

If you would like to go back to the thread and post a link I would be glad to review it - hopefully no one has done any edits in that thread.

jmho,

carlie

[carlie]

Carlie

I found it. Its true. The change was done in the year 2000..it was the VCAA. I am providing the link for your convenience.

VCAA changes year 2000

If you look at item #3 in the middle of the page, it says that the VA must

"provide a medical examination....."

There would be no reason to include this in this law, if it were already happening.

My guess is that some VARO's did it before year 2000, some did not. It is one of my biggest complaints about the VA..there really is not that much consistency..each RO kinda does things their own way.

Bronco

Bronco,

The link you posted is simply the implementation of the VCAA in 2000.

Prior to 2000 - there was no VCAA at all.

There has never been any rule or reg at any time that stated.

in order to get an exam you have to be SC'd first.

You are misunderstanding the whole point of the VCAA.

carlie

[john999]

How did the VA use the concept of the "well grounded claim" to screw vets before VCAA did away with that idea?

[carlie]

John,

bronco has made no mention of well grounded claim,

just a blatant blanlet statement of,

VA would not give an exam unless you were already SC'd.

carlie

[carlie]

This thread now reads a bit out of context as a member (unfortunately)

decided to put their posts in this thread,into the trashcan.

carlie