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Does The Va Give A Medical Exam For A Claim Appeal?

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retiredat44

Question

I never got an exam for my claim, then it was denied, now I am in the appeal process. I have never gotten an exam notice for my appeal. I have already posted lots of info, and have read lots of info,, but I am still unclear whether or not the VA will have me go for a medical exam.

I have been under medical care by the VA for many years, so they don't need any medical records from any ourtside sources. The only outside sources I had hospitalization and treatment was from Kaiser many years ago after my active duty. I had those records sent to the VA so the VA has copies of my medical records from all sources. I then went full time to the VA hospital for a long term illness. I have been under a doctors care at the VA hospital for illness for 15 years.

But, since I filed this claim, I was never sent for an exam. many years ago, I filed a claim, and was sent to a doctor. I got 50% rating back then. I also have SSDI. I am trying to get the full 100%. Should I expect to be sent for any exams?

My VA Disability Claim appeal started in November 2009.

Last letter I got was asking if I had any more evidence (February 2010).

note: I also sent them an IMO/IME report I got from an outside doctor who specializes in IMO/IME's

I have a Veteran's Serice Officer helping me with al my claim and appeal papaerwork.

Thanx..

(I know this process can go on for many years.. from reading lots of stories here..)

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I really just wanted to know if I will need go for an exam for my appeal.. they never asked me to go for an exam before they denied me.. This time my records will make all those VA claim people work their asses off..

They will need a team of many, and my records alone will make them work overtime for a very long time..

retired,

If I understand right, you have a disabling condition that has been denied SC and you have appealed.

Your question is - will a C&P examination be ordered.

The best answer I can provide is:

If in the appeal, during a re-look at the rating decision that denied the claim - the decision maker decides that there is medical evidence

of a condition that may possibly be related to active duty (or a condition related secondary to an already SC'd disability),

then that decision maker would have the authority to do additional development and order a C&P examination

and/or take into consideration the additional medical evidence you are submitting.

I can state with confidence that I believe no one in adjudication will be going through enough of the medical records

that are the size of two phone books.

Hope this helps a vet.

jmho,

carlie

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