Questions On New C&p Exam

[68mustang]

I received a called last week that I am scheduled this Thursday for a C&P exam on my asbestosis claim. I was told the name of the doctor that was doing the exam and recognized the name. It was the same doctor that did a previous C&P exam for an asbestosis claim that was denied a few years ago based on his report. I asked to have a new doctor do the exam and I was assigned a new doctor. I questioned what kind of doctor he was and was told he was regular medical doctor. I was under the impression that a pulmonary specialist would do the exam since it is a pulmonary disease claim and I have been diagnosed by my pulmonary specialist and by a CT scan. Anyone have any input on the C&P exam being done by a regular doctor instead of pulmonary specialist? Another thing I would like to point out is that this asbestosis claim was added on by the VA to another claim I had recently put in. Seems that the VA got antsy when I requested copies of the original denial of the asbestosis claim that I had filed several years ago that was denied. If this asbestosis claim was approved what would be the effective date? Thanks.

68mustang

[john999]

Do you have evidence from a private lung specialist who can bolster your claim? It is common for the VA to use under qualified people to do C&P exams. You are lucky it is a doctor and not a PA or NP.

[Berta]

"If this asbestosis claim was approved what would be the effective date?" The date you re opened this new claim is the EED for retro.

The only way yo could possibly get more retro is to find a CUE in the older decision.Plenty of CUE info here under the CUE forum.

I am assuming this is a re -open and you did not continuously appeal the older denial.

[68mustang]

"If this asbestosis claim was approved what would be the effective date?" The date you re opened this new claim is the EED for retro.

The only way yo could possibly get more retro is to find a CUE in the older decision.Plenty of CUE info here under the CUE forum.

I am assuming this is a re -open and you did not continuously appeal the older denial.

Yes this was reopened by the VA when I requested my c-files records pertaining to the denial on the first claim for asbestosis. I'll check the info in the CUE forum to see if any thing is there that I can file a CUE on.If there is not anything in the CUE forum things being the way they are with VA I would be happy with just winning my claim regardless of the effective date. Thanks.

68mustang

[68mustang]

Do you have evidence from a private lung specialist who can bolster your claim? It is common for the VA to use under qualified people to do C&P exams. You are lucky it is a doctor and not a PA or NP.

I do have a letter and a diagnosis from a pulmonary specialist with a nexus to asbestos exposure in the Navy.Thanks.

68mustang

[68mustang]

I was looking at some copies of the C&P exam that was done in 2002 for my first asbestosis claim. I noticed that when the C&P examine was requested by the regional office the following was stated by the requester:

"Per VA's duty to assist, We request that you examine the veteran's claimed respiratory condition and provide a specific diagnosis as well as a least as likely as not etiology.Thank you"

Has anyone else seen wording like this on copies of a C&P request from a regional office? I am confused as to why it would specified "as well as a least as likely as not etiology." As I stated on my other post the claim was denied. The examiner stated that the x-rays were negative even though I provided them with CT scan reports with a diagnosis of asbestosis. I go for my new C&P exam later today and I hope this time it goes well. Thanks.

68mustang

[Berta]

"Has anyone else seen wording like this on copies of a C&P request from a regional office? I am confused as to why it would specified "as well as a least as likely as not etiology."

Yes this is very common ,for VARO C & P requests and if the BVA has the claim and remands it for another C & P.