Jump to content

Sponsored Ads

  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    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 ...
    Continue Reading
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • 0
Sign in to follow this  

Would A C&p Likely Be Required?


Greetings all. I did several searches across hadit but didn't seem to find this specific question so I'll post it here.

I'm a veteran of the first Gulf War back in 1990-1991. Recently IBS (Irritable Bowel Syndrome), CFS (Chronic Fatigue Syndrome), and fibromyalgia have been deemed as presumptive conditions.

Since that ruling came out I was diagnosed as having all three by my private physician, (Endocrinology and Internal Medicine). From what I understand from my research there are no definitive tests for any of these conditions. She wrote a beautiful statement for me to submit with liberal use of the magic phrase "In my opinion this condition is at least as likely as not related to military service" for each disorder. (My thanks to the Travis County Veteran's Commission (Texas) for the heads up on the VA's preferred phrasing!)

I wondering if the VA may use a C&P to counter the private doctor's findings. Any ideas or previous experience with filing based on presumptive conditions documented by a non-VA doctor?



Share this post

Link to post
Share on other sites

Recommended Posts

I just located the Gulf War subforum. I'd like to move this post to that area since it seems more appropriate, but I dont know how to remove this post. Neither would I want to double post.

What's the most appropriate action?

Share this post

Link to post
Share on other sites



That's great that you got those statements.

I don't know much about presumptives but I'd expect C & P's for any claims with the VA.

Share this post

Link to post
Share on other sites

It is normal for VA to request a C & P exam. The C & P exam could go either way, the C & P examiner can say that he or she believes that your conditions are related to your military service or the examiner can say that your conditions are not related to your service. The key is to have treatment records showing that you are being treated for these conditions. Currently there are no test that can prove these conditions, the diagnoses are based on the doctors medical opinion and examining you over a period of time. As long as you have a doctor's opinion that these condition are related to your service and the doctor gives a good medical rationale then VA will have to award your claims. Don’t take this the wrong way, VA may deny your claims but eventually award them

Hope the Best

Share this post

Link to post
Share on other sites

"I wondering if the VA may use a C&P to counter the private doctor's findings"

That happens a lot- if the IMO complies with the IMO criteria (here at hadit) and it sure sounds like it does, then VA weighs any negative VA opinion against a favorable private opinion.

Under the Benefit of Doubt Regs- when the evidence for and against the claim is of equal merit-the veteran's claim should succeed.

Make sure you have proof of mailing for this IMO and make sure the VA considers it.

Pete is right- although this could go smoothly and the C & P sure could support the claim as well-

if VA can ignore strong independent medical evidence they will-

My last claim took 7 years because the RO refused to read my med evidence-to include 3 strong IMOs.

Have you received a VCAA letter yet?

Share this post

Link to post
Share on other sites

Thanks, Berta and Pete.

The last several times I submitted claims I did it on my own. This time I went with our county's vet rep and filed everything through her. She makes a copy for me, a copy for her archive, and sends a notarized copy to the VA with a cover letter.

I'll have to ask about some of the acronyms used: IMO...is that independent medical opinion? I don't know what the VCCA letter is. I did get one asking if I had more evidence to submit that I answered and mailed back. Soon after that my rep mailed in all my evidence.

For each component of GWS I looked up the VA's criteria and rating schedule. I used that to create a template for my private doctor to use along with the suggested phrasing. She used that to create 7 pages of evidence for me to submit, using VA's terminology where possible. I suspect that the VA is more receptive to this approach than others.

I did an IRIS inquiry and got this response last week:

Our records indicate that your claim opened on August 24, 2010, for Gulf War Syndrome, was made ready for decision on October 25, 2010. All of the requested evidence has been received and your claim file will go to the rating board, the team who reviews evidence and makes decisions, for review. If additional evidence is needed, you will receive a letter from the regional office informing you what is needed. If no additional evidence is needed, we will make a decision.

Unfortunately, we can't provide a time frame in which this will occur as this depends upon their current caseload. Once a decision is made, your claim will then be given to the staff that reviews the information for accuracy and approves the payment, if applicable, which is usually the final step. The rating decision will be sent to you by U.S. mail when the claim is completely finished.

I don't know if this is the step at which a C&P might be requested or if they're ready to make a ruling (when they get to my stack of paper).

Share this post

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Ads

  • Ad

  • Latest News
  • Our picks

    • OK so I had pancreatectomy in 2003 due to an impacted goldstone 2/3 of my  Pancreas was removed I am type one diabetes with very large scars continued diarrhea stomach problems Constant back and shoulder pain I recently received a Nexus letter from my  endocrinologist related to my service in the gulf war.  Any suggestions or advice from anyone
    • I would like to meet other Hadit members who live in Michigan.  We have at least two major VA Hospitals (Battle Creek, Ann Arbor).  Or maybe you go to the the John Dingell in Detroit.  

      I like Ann Arbor.  I like the fact that most of the doctors there are also at the UM Hospital.  I don't like how uickly they seem to turn over though.  
      • 5 replies
    • Really?
      I am confused.  A few days ago I spoke to a person at a VARO who said if I die from something other than service-connected my husband gets zero, zilch, squat.  Hmmmmmm, it seems the rules change willy-nilly...I have been rated 100% P & T for over 10 years, MS is static, and I am 56 years of age.

      Can a fellow Veteran shed a light on this?

      Thank you.
      • 15 replies
    • Fund raising for HadIt.com
      The site is supported through ads and ad free subscriptions, we are also asking for any support you would like to send our way. You can give a $1 or more it all helps. Keep in mind though that it is NOT tax deductible and we are NOT a non profit. As the site grows so do the costs and ads and subscription do not always keep pace with the costs. Any help is appreciated, but not required.
      • 11 replies
    • Carol Ozanecki- Blue Water vet Advocate called me with this news:


      Also there is a article in Pop Culture she sent to me----mentionig Blue Water vets buy I felt it was too political to post here. You can google it if you want to read it.


      • 10 replies

Important Information

{terms] and Guidelines