Why No C&p Exam

[bbknor]

Applied for Gulf War Illness ad recieved no C&P exam. Can anyone make sence of this? I was told by the phone people that I didn't need one and that the raters have all the information from my records that they need and that they can make a decision from that alone. Is this a common practice or what?

[silke]

a medical opinion or examination is required

if the information and evidence of record does not contain

sufficient medical evidence to decide the claim, but there is-

(1) competent evidence of a current

disability or persistent or recurrent

symptoms of a disability; and (2) evidence

establishing that an event, injury, or

disease occurred in service or establishing

certain diseases manifesting during an

applicable presumptive period for which the

claimant qualifies; and (3) an indication

that the disability or persistent or

recurrent symptoms of a disability may be

associated with the veteran's service or

with another service-connected disability.

I got this from the BVA site....Im by no means an expert on VA claims....but it seems to me that when you are scheduled for a c&p exam, they are acknowledging that

your claim has some credibility and merit. Based on the above statements, I would assume they are looking for a nexus to decide a claim, therefore an examiner's opinion

would hold a bit of weight....if favorable, that would be a good thing for the vet.

Ive poured through hundreds of BVA decisions and have noticed many were remanded for a c&p exam....seems silly and a waste of time, many should have had one in the first

place....JMO.....good luck

[Papa]

I would think that an examine would depend upon the type of claim. If you do not get what you think you deserve, you can always request a C&P. In 1973, I went to the American Legion to put in a claim for Nerves and emotional problems. The Rep wrote it up for me, and mailed it. It was denied. The Rep never mentioned an appeal, C&P examination, nothing. He told me to go home and get on with my life. Now, I wonder if I could put in a claim for being young, stupid and naive

Papa

[carlie]

You can try and request a C&P exam but that's really up to

the VBA decision maker if one will be scheduled or not.

They are the ones with the authority to put in request for the

C&P exam, what is to be examined and pertinent instructions

for the examiner.

[iceturkee]

a medical opinion or examination is required

if the information and evidence of record does not contain

sufficient medical evidence to decide the claim, but there is-

(1) competent evidence of a current

disability or persistent or recurrent

symptoms of a disability; and (2) evidence

establishing that an event, injury, or

disease occurred in service or establishing

certain diseases manifesting during an

applicable presumptive period for which the

claimant qualifies; and (3) an indication

that the disability or persistent or

recurrent symptoms of a disability may be

associated with the veteran's service or

with another service-connected disability.

I got this from the BVA site....Im by no means an expert on VA claims....but it seems to me that when you are scheduled for a c&p exam, they are acknowledging that

your claim has some credibility and merit. Based on the above statements, I would assume they are looking for a nexus to decide a claim, therefore an examiner's opinion

would hold a bit of weight....if favorable, that would be a good thing for the vet.

Ive poured through hundreds of BVA decisions and have noticed many were remanded for a c&p exam....seems silly and a waste of time, many should have had one in the first

place....JMO.....good luck

i would concur with that as i have had a few claims denied where a c&p exam was never scheduled. but then i didn't have the evidence in my va medical record either. so the va figured if i was never diagnosed, i can't have a valid claim to the disability.

[john999]

I got SC'ed back in 1973 and all they used were my VA hospital records. These old claims where the VA only used a part of available evidence to make a decision should be looked at for errors. It is an error to exclude or ignore evidence in the record when making a rating decision.

[iceturkee]

I got SC'ed back in 1973 and all they used were my VA hospital records. These old claims where the VA only used a part of available evidence to make a decision should be looked at for errors. It is an error to exclude or ignore evidence in the record when making a rating decision.

i will say when i got my original disability rating from the va, it was a month after i was medically discharged from the navy. but my navy medical record had an abundance of information proving my disability. i did not have a c&p exam at that time. but it was the only time, i didn't that i received a favorable determination from the va.