Finally Getting C&p Exam

[kaykay]

It's been quite a while since I posted. I filed a claim for service connection for MS a couple of years ago which was denied. I reopened the claim and was again denied. Both denials were made without the benefit of a C&P exam. The last denial stated that my doctor in his IMO did not give a medical rationale for his opinion. So in late November of this year, I had the claim reopened again and submitted a new letter from my VA neurologist that provided the requested rationale. Well, today I found out from the 800 # that a request for a C&P has finally been made. I'm not sure what to make of this: whether 1) the C&P is to refute my neurologist's opinion of service connection; or 2) to just establish a level of disability. Would the VARO schedule a C&P exam just to get an opinion that goes against what a VAMC physician says? Any ideas on this would be greatly appreciated.

Also, if anyone is aware of what the C&P exam for multiple sclerosis consists of, I would love to have that info. Thanks

[Commander Bob]

Commander Bob - I'll take my records with me just in case. So did you get a good report after leaving the documents?

I will have to wait and see. After I received the denial letter 2/19/09, I filed a NOD. Waiting for a DRO review. I will probably hear something in a few months. I haven't went back and asked for the report yet. I am in no hurry. I wish you the very best with your C&P exam results and your claim.

Edited March 2, 2010 by Commander Bob

[carlie]

Another issue that concerns me is if comp is awarded, what will my effective date be.

The original claim was filed Feb '08 - denied Jan '09; reopened in Feb '09 -

denial confirmed and continued June '09; reopened in Nov '09. I realize the appeal deadline has expired. Is there any chance of the effective date being my original claim date of Feb '08, or would it be based on the 1st or 2nd reopening of my claim?

Any input on my issues/concerns would be greatly appreciated.

kaykay,

Something is not right here.

If the original claim was filed Feb 08

and denied Jan 09

How can anyone justify it as being a REOPEN in Feb 09 ? ? ?

Only one month had passed NOT A YEAR - thereby it was not a final decision yet !

What was submitted in Feb 09 that your VSO states makes it a REOPENED claim ?

Again - this is only one month from your denial of Jan 09.

http://ecfr.gpoaccess.gov/cgi/t/text/text-....69&idno=38

§ 3.160 Status of claims.

(e) Reopened claim.

Any application for a benefit received after final disallowance of an earlier claim,

or any application based on additional evidence or a request for a personal hearing submitted more than 90 days following notification to the appellant of the certification of an appeal and transfer of applicable records to the Board of Veterans Appeals which was not considered by the Board in its decision and was referred to the agency of original jurisdiction for consideration as provided in §20.1304(b)(1) of this chapter.

Something is amiss in wonderland.

jmho,

carlie

[carlie]

Separated in 1979.

kaykay,

I asked about when you were separated because I think

MS falls under seven years for presumptive SC.

carlie

[kaykay]

kaykay,

Something is not right here.

If the original claim was filed Feb 08

and denied Jan 09

How can anyone justify it as being a REOPEN in Feb 09 ? ? ?

Only one month had passed NOT A YEAR - thereby it was not a final decision yet !

What was submitted in Feb 09 that your VSO states makes it a REOPENED claim ?

Again - this is only one month from your denial of Jan 09.

Carlie,

After the Jan '09 denial, the VSO suggested that I get an updated IMO from my VA neurologist so we could send it in with a request to reopen. He said it would take less time, which it did. That was when I was denied again in Jun '09. I had my concerns about how he was assisting with my claim so I asked to be switched to have his supervisor as my VSO.

So after then Jun 09 denial, I was feeling too defeated to continue so it wasn't until Nov 09 that I had it reopened. The new VSO worked with me to pull together exactly what the VA said was missing. My doctor then wrote a much stronger IMO and the claim was reopened again.

I know it is better to file an NOD, but I was hoping not to have to wait more than a year to get my claim worked on.

[kaykay]

kaykay,

I asked about when you were separated because I think

MS falls under seven years for presumptive SC.

carlie

We are working on this as a direct service connection because my SMRs have a record of my most prevalent initial symptom. As a matter of fact, I was discharged for it. My neuro's IMO specifically addresses this presenting symptom, and he also provided several pieces of medical literature to support it his opinion.

[kaykay]

I will have wait and see. After I received the denial letter 2/19/09, I filed a NOD. Waiting for a DRO review. I will probably hear something in a few months. I haven't went back and asked for the report yet. I am in no hurry. I wish you the very best with your C&P exam results and your claim.

Thanks Bob. My best wishes to you, too, on your claim. I'll be keeping an eye out for your update.