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Failure To Report C&p Exam After Appointment Was Canceled

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mrmark1999

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I was scheduled a c&p exam at a different office then the last c&p exam . The new office was over an hour a way I called and asked why they changed the location I was told it was in the region I am in. I asked if it could be changed to my local office the c&p coordinator said it would not be a problem. I asked if the appointment was canceled and he said yes and he will send it to the correct office for a appointment. . Now I have just received a statement of case saying i have been denied because i did not report to the original c&p exam.

1 I am not sure what can be done

2 I understand i must file an appeal with the BVA on form 9 (not sure what to check on #8 a,b,c,d on BVA hearing)

3 I am lost in what I can do.

4 can i still get an exam?

in the SOC it says

REASONS AND BASES:

We received your NOD and in additional evidence in support ofyour claim . this additional evidence indicated a current diagnosis of bilateral Acheilles tendononitis there for , a VA examination and opinion was scheduled for you to comply with the VA's Duty to Assist , you were notified of this appointment and the importance of attending this appointment .Youlive in Pickerington, Ohio and the VAMC Chillicothe is yourjurisdiction . you didnotreport to this examanation because you did not want to go to the VAMC Chillicothie. This cancellation reason is not considered "good cause".Examples of good cause include, but are not limited to the illness or hospitalization of the claimant ,death of an immeadate family member ,etc.

You were denied service connection for bilateral Acheilles tendononitis in the ratin desison dated december 3, 2009 because although there was evidence of this disability in service , we did not have current diagnosis of this disability."

it is not enough , for a grant of service connection that a disability has been sustained in service. in addition there must be residual disability attributable thereto. Your service treatment records show that you were diagnosed with bilateral Acheilles tendononitisn Augest 21,1995. These same records donot show evidence of a chronic disability. Tofulfill the requirements for chronicity, the claimed illness must have persisted for a period of 6 months. the 6 month period of chronicity is measured from the earliest date on witch all pertinent evidence establishes that the signs or symptoms of the disability first became manifest. at this time we do not have contemporaneous or objective evidence of a continuity of symptomatology since your discharge from the military. the first evidence we have that you have a diagnosis of bilateral Acheilles tendononitis is Augest 26,2010 from ABC podiatry. this is approximately 15 years post discharge from the military.

Regulations state when a claimant fails to report for an examination scheduled in conjunction with an original compensation clam ,the claim shall be rated based on the evidence of record. When the examination was schedule in conjunction with any other original claim, a reopened claim for benefit that was previously disallowed , or a claim for increase the claim shall be denied . You did not report to your Va examination : therefore ,your Claim for service connection for bilateral Acheilles tendononitis cannot be established and remains denied ."

Thank you

for any assistance in ether writing my appeal or figuring out what to do

Mark

Edited by mrmark1999
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  • HadIt.com Elder

Get the criteria for the exam. Take it to an outside Doctor and submit it.

With evidence of a current condition, do you have any other medical reports stating the issue and its severity? If you do shove it down their throats with a NOD.

For all members here. Do not ever miss a C and P exam no matter how much you hate a VA location. This just gives them instant denial power and it will add years to your claim.

We are doing an SVR show next week on what not to do when dealing with the VARO and VAMC's. This issue will be one of the top ones.

Hang in there, you will get it rated, but you are going to have to play their game for a while.

j

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You can try to call the local C & P office and tell them your C & P exam was canceled and you need to reschedule another C & P exam at the nearest VAMC Hospital or where you got your last C & P exam. It would help if you could get the same C & P coordinator to reschedule the exam.

Hope the best

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  • HadIt.com Elder

Hey, the VA cancelled my appointment for a C&P exam. I got a decision a month later saying I had been AWOL from my exam. This is not the first time something like this has happened. I called the VAMC and told them the facts. I got another exam, but it delayed my claim. I have also been denied based on missing an exam when I was never even notificed that I was supposed to have an exam. I got the exam eventually, but it just shows what clowns they are.

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The only way to get another exam is to go through the Regional Office. They have to pay the hospital for the exam, thus the C&P office has to get a request from the RO.

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Ok great I really don’t care how long it takes (well not really) it has all ready been over a year almost 2 and I am willing to wait it has been a pain in the rear as you all know . Any clear ideas on what to do. . I’m going to call the RO this week. When I request it in writing for another appointment what all do i need to include ?

With evidence of a current condition, do you have any other medical reports stating the issue and its severity? If you do shove it down their throats with a NOD.

I do have a detailed letter from my doctor and i have already submitted it.

Do I need to submit a appeal or should I try to get it re scheduled first??

or will the appeal screw that up ? I only have 60 days I need to be as careful as possible

From what the letter said does it sound like I have enough evidence to be a proved ?

Thanks to all who posted

Mark

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