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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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blackbird

Following Remand Terms Required?

Question

Hello Vets!

I had a C & P exam in 2004 after filing for SC for a back injury which required one surgery while in service in 1996, and 3 more since they determined I wasn't worldwide qualified and I was honorably discharged. The remand states that my previous exam was done without the VA Dr. having reviewed my file, so one of actions they required is another exam. Of course I also got the letter requesting any info not currently in my file. Since 2 of my back surgeries were since my original claim was filed, I know they don't have this info. When I got my IMO to submitt, I faxed it to my VSO at DAV to see if he thought it was ok before I submitted all the other info. He called a little later saying that the doctor done a good job on the IMO and he had faxed it on to the Appeals Manager in W. VA. and had also talked to him. When I asked about sending the other info he said not to overload the boat, that he thought they had enough and that it looked promising. I then asked if I would be given another C & P exam? He said maybe not, to just wait and see what happens.

My question; Can an appeals center mgr settle a case for or against the veteran without scheduling the exam that the BVA requested?

Next; If they granted SC without the other exam, what would they go by to rate me, the first exam results? I feel like the info from the last 2 surgeries would carry some weight.

Any Ideas would be appreciated!!!

blackbird

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2 answers to this question

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C & P exams are only good for one year. I order for them to grant your appeal they will have to do another examination. As far as sending in the information, not only would I over load the boat, I would try to blow it out of the water. It's your claim, do what you feel that will help it. They get paid whether you win or lose.

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Ditto on Sharon's.

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