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Requesting A C&p

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Scott D

Question

Is there anyway to ensure the VA schedules a C&P?

I have received decisions service connecting a disability at 0%, but I was never afforded an exam, or the chance to spell out symptoms. Does the VA have a crystal ball that tells them this information? I have one condition, Eosinophilic Esophagitis, that is not covered in the CFR and the SOC simply states Eosinophilic Esophagitis also claimed as GERD. While some of the symptoms may be the same they are two distinct conditions and one is of an allergy/immunological etiology while the other is a gastroentrology.

What would be the best method to ensure these conditions are given a fair assesment?

Also when I mention my concerns to my SO he just ends up telling me there is nothing we can do and talks about his GI problems. I am very worried as my NOD's are at the rating officer and I have heard nothing from my SO other than he filed my NOD's. Because of this board's advice I also send them in to the VA myself.

thanks

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"What would be the best method to ensure these conditions are given a fair assesment?"

To respond to the SOC- state that the condition has gotten worse since you received the "0" SC award, send them copies of or tell them about any continued treatment and medications for this and tell them that although similiar in some respects to GERD , this is a different disability-and that they can only determine this condition and its proper rating with a C & P exam.

you could attach this -it will show them the difference:

http://allergies.about.com/b/a/110097.htm

If you have any of the symptoms in this article that are directly related to you condition- I would tell them that too and send this in with the SOC response.

http://n479ad.doubleclick.net/adi/abt.heal...VS2920kA1k06515

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Guest fla_viking

Dear Fellow Veterans & Friends

Not affording a C&P exame is one of the biggest frauds the VA pulls on a vet. You cant get SC and a good rating without a medical opnion to support your claim.

You SO says there is nothing that can be done. That is a lie. The courts have ruled aginst the VA again and again for no examinations or inadequate examinatons. But first you must request one. Your SO is sabatoging your claim when he wont fight for a exam. I had been denied a exam for 22 years. No SO would challenge the VA on it. I had to on my own request from the VA an exam. The VA ignored the issue and would not even use the work exam in there denials. I went on my own to the BVA for the soul reason of the RO ruling on my claim without a C&P.

IF your SO wont put in for one. Then you on your own hand deliver or send by certified mail a request to the RO for the exam. IF they wont acknowlege your request or say no. let that be the soul reason for your BVA appeal. IF you try to add the merits of your claim. the BVA may just rule on your claim and ignor the arguments for C&P. IF they have the only one issue before them. its to hard for them to ignor it.

Terry Higgins

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