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

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    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

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wdroberson

C&p Exam Required Review Material?

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I am not aware of any specific regulation or policy that requires Service Medical Records to be reviewed by the examiner for all veterans' claims. It may be thought of as nice to do so, but I am torn about the actual utility to do this on a routine basis.

The only time review of the medical records is required is when I ask for a medical opinion, that is, " ... is this event dated ______ less likely/as likely/more likely related to this ____ current condition?"

Veterans Health Information Systems and Technology Architecture (VistA, from the repository of all internet knowledge: http://en.wikipedia.org/wiki/VistA ) is the VA health information management system. Some agencies have full access to entering data, whereas some agencies have only viewing privileges. At present, VistA does not incorporate Service Medical Records, however it appears that a goal is to create some sort of Electronic Health Record (EHR) exchange.

Ok. I have spent over an hour searching all the FAQ's and a regular search and have had no luck finding something I believe I have read before but have forgot what it said. So I will ask again for I am tired of searching.

What exactly is the requirement of the C&P Examiner having access and review of the C-File or SMR's?

Also I looked up what Vista Records are. Is looking at the Vista Records considered the same thing?

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If you check the examination worksheets http://www.vba.va.gov/bln/21/benefits/exams/disexm43.pdf you'll see the instructions in the worksheets.

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Ok. I have spent over an hour searching all the FAQ's and a regular search and have had no luck finding something I believe I have read before but have forgot what it said. So I will ask again for I am tired of searching.

What exactly is the requirement of the C&P Examiner having access and review of the C-File or SMR's?

Also I looked up what Vista Records are. Is looking at the Vista Records considered the same thing?

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I found this piece of instruction over in M21-1MR:

e. When to Send the Claims Folder With an Examination Request

Send the claims folders to examining facilities with the examination requests only in circumstances that may require claims folder review by the examiner.

In general, the claims folder should be sent for the examiner’s review in any case involving a

request for a mental disorders examination

request for a traumatic brain injury examination

request for a formal medical opinion, or

Board of Veterans’ Appeals remand.

References: For more information on

requests for medical opinions, see HYPERLINK "pt03_sp04_ch03_secA.xml" \l "III.iv.3.A.9"M21-1MR, Part III, Subpart iv, 3.A.9, and

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So, did you have a C & P that you think the examiner was not prepared, didn't have your C-File records or just fishing or what? Reason I ask in 1999 I had exam for increase from 50% PTSD. Shrink had nothing at all but a clean sheet of paper. I had tons just in case. Long story short-I was pissed, didn't remember travel pay, didn't speak to wife for sometime,,made some crude remark about getting screwed & no sugar..get the picture? Starting trying to research my options because I knew I was screwed.

Something like 8 months later granted increase 50% to 70& (I was still working) & I forgot all that stuff I looked up to throw at the VA. So,you never know what will happen.

Good Luck,

Don

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