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!

[carlie]

This is from a 1998 CAse # 980559 available at:

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

Bronco,

If you came down off your high-horse a bit and quit taking facts as an attack

on your credibility then you may better understand VA Claims.

I hope to find down the road that have the integrity to offer an apology.

The point you continue make is still a mis-interpretation of the old regulation.

Perhaps I would be more tolerant of this mis-interpretation if you were

in-fact a VA adjudicator in the 70's and 80's and 90's, as they also mis-applied

this regulation in effect at that time, by denying C&P examinations.

I have yet to read any VBA correspondence that states,

VA has no duty to assist you by providing an examination for your

claimed injury because you are not service connected.

If anyone can provide me a copy of any authentic VBA correspondence

that states this I will send them a gift card for a steak dinner in their town,

or a gas card gift certificate.

Your statement as quoted,

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

Since you continue to insist I am calling you a liar I will just have to post a clear cut example

and apply it to your statement. It will clearly connect the dots for you,as claimants have to do this with the VA all of the time.

Example:

1968 active duty service member,army,infantry,is shot in his arm in RVN.

The bullet went in one side and out the other.

Mash unit provides medical care and 4 days profile for service member to recover.

Service member is sent back out to the area he came from.

Five months later his enlistment is almost up and he is shipped back to the states.

He is given an Honorable discharge.

He gets a copy of his medical records and they show treatment for the injury he recieved in RVN.

In 1975 he now decides to file a 21-526 request for VA Compensation/Pension.

On the 21-526 he list's injury due to being shot in the arm while in RVN and states he continues to have pain from this injury, staples a copy of his medical record showing treatment at the mash unit, a copy of his DD214 and submits the claim.

VA decision maker is reading the vets claim and sees that:

1) Vet got Honorable Discharge - (DD214)

2) Vet served Army Infantry RVN - (DD214)

3) Vet has submitted a DOD Medical Document showing

injury and treatment to arm while on active duty - (Mash Unit Record)

Decision maker finds the claim is plausible (has merit) and puts in a request for claimant

to recieve a C&P exam.

He has still not recieved any Rating Decision so he is not service connected at this time,

but because the claim was plausible and a C&P exam was requested.

Bronco - I do not know of any simpler words to use so you will understand

where your mis-interpretation is.

carlie

[pilgrim01]

I just called the "other" 1-800 number (1-866) and the rep said that my record had been pulled to see if the "new" evidence I submitted was in fact "new" evidence. After they see that it is new evidence, what's next?

Edited May 29, 2009 by pilgrim01

[carlie]

pilgrim,

Your most recent question is a different issue then this topic.

It may get more response on this question if you start a new topic

that relates to new evidence.

If you start a new thread for it I or someone else will post the rules for both

new and material evidence, so you know if VA should accept it as

new evidence, by regulation.

jmho,

carlie

[broncovet]

Carlie

Clearly, there were 2 ways a Veteran could get a C and P exam:

1. Claim was determined to be "well grounded".

2. Service connected Veterans were always well grounded.

Net effect:

1. SC'd Veterans get C and P exam.

2. NSC Veterans ONLY get C and P exam if the VA feels the case is well grounded, and they probably really dont know that unless they do a medical exam. Result: Many NSC Veterans are turned down for C and P exam because they cant afford a doctor to prove the claim is well grounded and the VA would not always provide the exam.

Funny, I guess we agree on something because I thought you would apologize for insulting a Veteran. I think maybe some people do not realize that making a statement like, "That is never ever true" is insulting, especially when it CAN BE TRUE that NSC Veterans were turned down for C and P exams. I would agree that it is not ALWAYS true, just sometimes true.

That being said, I am going to end this: I apologize for "attacking" you.

Bronco

[CRYPTOTECH]

No, you have that backwards. The VA doesn't have to give you a C&P exam if your claim isn't well grounded. It's up to you, the claimant, to have a well grounded claim. The VA does often give C&P exams anyway to cover their tales but it's their option if your claim isn't well grounded. The well grounded part is your responsibility, not the VA's.

Jay

Carlie

Clearly, there were 2 ways a Veteran could get a C and P exam:

1. Claim was determined to be "well grounded".

2. Service connected Veterans were always well grounded.

Net effect:

1. SC'd Veterans get C and P exam.

2. NSC Veterans ONLY get C and P exam if the VA feels the case is well grounded, and they probably really dont know that unless they do a medical exam. Result: Many NSC Veterans are turned down for C and P exam because they cant afford a doctor to prove the claim is well grounded and the VA would not always provide the exam.

Funny, I guess we agree on something because I thought you would apologize for insulting a Veteran. I think maybe some people do not realize that making a statement like, "That is never ever true" is insulting, especially when it CAN BE TRUE that NSC Veterans were turned down for C and P exams. I would agree that it is not ALWAYS true, just sometimes true.

That being said, I am going to end this: I apologize for "attacking" you.

Bronco

[CRYPTOTECH]

And, if you're already S/C you wouldn't have a C&P exam anyway unless the VA is determining your disability level or unemployability. If your S/C already there is no other reason to give a C&P exam to what I can think of anyway. If you're S/C ONSET has already been determined in your favor. Correct me if i'm wrong. I sometimes have brain fart.

Jay