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!

[broncovet]

The member deleted his posts because he was called a liar:

Carlie said,

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

The above quote is false. Broncovet pointed out that the VCAA in year 2000 made amendments to regulations which required the VA provide medical exams. That means there were at least some VARO's which were NOT providing medical exams for NSC Vetrans prior to the law. No, there may not have been a regulation prohibiting C&P exams, however, the VA then took the liberty of interpreting the non regulation in a manner they saw fit. The result was that SOME Veterans were denied a C and P exam because they were not SC'd. However, Carlie called the Veteran a liar without ANY EVIDENCE. The VCAA was legislation to correct this, among other things.

Carlie made a blanket statement, calling a Veteran a liar, with absolutely NO information backing up her statement, while Bronco backed up his statement.

Edited May 27, 2009 by broncovet

[sharon]

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

Under "well grounded claim" the burden was on the veteran to proof his/her own claim. An exam was not given if the veteran didn't send in the evidence needed to prove the claim e.g. no exam was given.

[carlie]

Some years ago you could not get an exam unless you were already service connected.

The VA's old well grounded denial tool, did not equate to the above statement.

carlie

[ruby]

Bronco I think Carlie is saying that the statement you made "Some years ago you could not get an exam unless you were already service connected" is not true.

How did someone get sc if there was no exam. I was sc in 1983 and I had a c&p I got out in 1978. You had to have a well grounded claim showing that it had to be plausible that your claim had foundation that it occurred while in the service before an exam was offered and not that you had to be sc prior to the exam.

That's my take.

Ruby

[broncovet]

This is from a 1998 CAse # 980559 available at:

http://www.va.gov/vetapp98/files1/9805509.txt

In it it states:

"

Initially, one who submits a claim for benefits under a law

administered by VA has the burden of submitting evidence

sufficient to justify a belief by a fair and impartial

individual that the claim is well grounded. 38 U.S.C.A. §

5107(a). Only when that initial burden has been met does the

duty of the Secretary to assist such a claimant in developing

the facts pertinent to the claim attach. Id. The Court has

defined a well grounded claim as a “plausible claim, one

which is meritorious on its own or capable of

substantiation.” Murphy v. Derwinski, 1 Vet.App. 78, 81

(1990). Moreover, where a determinative issue involves a

medical diagnosis or medical causation, competent medical

evidence to the effect that the claim is plausible is

required. Grottveit v. Brown, 5 Vet.App. 91, 93 (1993)."

In other words, THE VETERAN had to prove his claim was plausable before he could

get the "Secretary to ASSIST THE CLAIMANT" noting that competent medical evidence is required,

but not necessarily provided by the VA, UNLESS the VA considered it "plausable" they were

they were not required to assist the Veteran.

Many Veterans claims were denied, prior to 2000, because the Veterans claim

was not "plausable" and the VA had no obligation to assist the Veteran, including

but not limited to, a C &P exam. All the VA had to do was to say that

the Veterans claim was "not plausable" and they had no duty to assist, and

the burden of proof was on the claimant to supply medical proof.

IN Summary, Veterans did NOT get a medical C&P exam

UNLESS the Veteran was service connected or the

VA thought it was plausable.

Carlie, you were out of line calling me a liar on this one,

Bronco

Veterans already service connected could get an exam, because it was already established that

his claim was well grounded. However, the Veteran was at the VA's mercy to get a C and P exam as the Secretary had no duty to assist, and the burden of a well grounded claim, including medical evidence, was strictly on the Veterans shoulders.

Edited May 29, 2009 by broncovet

[LarryJ]

Oh, just let it go.

Make yourselves a good cup of coffee (I prefer Kona, good American coffee, over all others)! Pet a dog or a cat, doesn't even have to be yours, if you ain't got one.

Think good thoughts.

Breathe deep, exhale, breathe deep, exhale...................okay? There, now that's all better!