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Can C&p Exam For Secondary Affect Your Sc Rating

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blanco63

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I was granted 50% for sc migraines on 10-7-09. I filed for chronic pain syndrome and chronic fatigue syndrome both secondary to sc migraines on 11-16-09. I received a letter from the VA on 12-3-09 saying that i will be scheduled for a C&P exam. At this exam, will i be re-evaluated for migraines? Is my current 50% rating in jeopardy, i.e., could it be decreased? I will be very grateful for your help.

sarcastic cane toad

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  • HadIt.com Elder

As long as you can show they are still prostrating and cause you severe economic impact because of the severity and number of times they occur, They will not reduce.

Your not alone, any SC'd vet is subjective to a retalitory exam when a new claim is filed.

J

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

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  • HadIt.com Elder

I have filed for a number of secondary conditions. There is a chance that some exam doctor is going to opine on your primary condition and the VA will use that to try and reduce you. If you have really good evidence on the secondary condition I think this is less likely to happen. It is when you leave yourself open to questions that you get in trouble. If you have a secondary condition that might affect you health in a serious way I would file for it.

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I have filed for a number of secondary conditions. There is a chance that some exam doctor is going to opine on your primary condition and the VA will use that to try and reduce you. If you have really good evidence on the secondary condition I think this is less likely to happen. It is when you leave yourself open to questions that you get in trouble. If you have a secondary condition that might affect you health in a serious way I would file for it.
"in jeoprody?" I don't think it likely. Is a reduction "possible?" Definitely yes.

Further, what a C&P says is not insurmountable. I had a couple of the most hostile, adversarial, vicious, lying falsified C&Ps you'd never want to see. ;) I was able to file a rebuttal that took 30 pages of copies from my records. They also said they could not see my flat feet one of my SC conditions. Watching what you say is important but it can also be meaningless. When asked about special shoe inserts, I offered to show them mine but, the examiner said that was not necessary... No, I guess it wasn't because they said in the report I didn't have any. :D

Well it caused me a lot of upset stomach but just yesterday I got my rating for those secondary conditions & TDIU. I also had a good IMO.

The bottom line is, if you want those secondaries, you have to go to the C&P exams. Just don't expect anything like just or honest reporting.

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so i'm worried about and trying to get an increase and all they're worried about and trying to give me is a decrease. so far the only new evidence i have is the letter from my doctor that i sent to the VA when i filed these secondary claims. it is a short letter and only says that i have new diagnosis of chronic pain syndrome and chr pain syn both secondary to my migraine headaches. i think that the most i would get from this and a good c&p would be 10 or 20%(60% either way) or i could have my migraines reduced to 30%. please tell me your thoughts on this. so i have to decide what is important, stay with 50, gain 10, or lose 20. i like 50. should i be humble and grateful and drop these claims? what do you think? if so, should i quick do an iris and send a 21-4138 and just say i withdraw and no longer wish to pursue these claims? so to sum it all up, is to correct to say that anytime a secondary claim is filed, the primary condition could be reduced at the c&p? what if i filed a new claim for dermatitis, they couldn't mess with my migraine rating, correct? sorry for the long reply but this a very tough decision for me now and i want to know what to do in the future. thank you very much for your help.

sarcastic cane toad

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You have to go with what you feel is right...what you have the most "backup" knowledge proof of...Like others have posted ANYtime you file for a new claim, or for INCREASE your COMPLETE file is open to that rater...sometimes if feels like a role of the dice.

Example I filed for 2 claims...they lost my papers, refiled...denied one claim, low balled one...I put in NOD for both...they delared me deceased, dead, d/c $, I proved I was alive...got $ for 3 more months then...they proposed to sever granted claim from 30 to nothing...I continued to receive my $ all this time too...I requested a personal hearing, to keep claim alive and %$ keep coming...they sent me letter ok for one claim/time for second denied claim expired...proved both on same form...hearing 7 months later...almost 7 more months received letter where VA cued itself on trying to sever/and low ball me...so then 50 granted but second still denied...at BVA.

We are talking over a 4+yr period within the regulatory guidelines I confirmed to.

You can keep it alive with a personal hearing if they try to sever but only have 30 days here to request it once notified. It is always a gamble, but if you have the proof/documentation/IMO's/IME these can definately HELP...BUT with the VA nothing is for sure.

I gambled and they put me through the ringer, and still I am in the wringer, but I will not be defeated by the machine that disabled me!!

Good luck with whatever choice you make now...you can always reopen a claim with New and Material evidence later. :D

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blanco63

I was granted 50% for sc migraines on 10-7-09. I filed for chronic pain syndrome and chronic fatigue syndrome both secondary to sc migraines on 11-16-09. I received a letter from the VA on 12-3-09 saying that i will be scheduled for a C&P exam. At this exam, will i be re-evaluated for migraines? Is my current 50% rating in jeopardy, i.e., could it be decreased? I will be very grateful for your help

I would say take a deep breath and try to relax. Your post Says that you were just awarded 50% for migraines on 10/7/2009 and you have just filed two new claims for chronic pain syndrome and chronic fatigue syndrome. Chronic pain will be rated under a mental condition and chronic fatigue will be rated under Infectious Diseases, Immune Disorders and Nutritional Deficiencies. You were just rated with migraines and most likely VA will only give you exams on your claim for chronic pain and for Chronic fatigue. It really depends on if you already have these diagnoses recorded in your records, that will determine if you get awarded for them. If I am off someone else will chime in. The letter you received on 12/03/2009 tells you what exams you will have. If it does not say migraines then you will not have an exam for migraines. If it does then you will.

Hope this helps

Edited by pacmanx1

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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