How Long Does It Take The Va Regional Office To Schedule A C&p Exam After Someone Submits A Claim For A Rate Increase?

[Barbamatt]

I've recently submitted a rate increase for my depression and anxiety. I am already rated 30% for MDD. I have had a very hard time keeping a job. I get messed up thoughts in my head that makes it difficult to keep up the pace at work and having constant panic attacks.

I've been hospitalized in the past few months. Once for severe chest pain which was found to be "stress related" and then I was hospitalized twice for suicidal ideation with a plan. My depression has gotten worse and I am on a lot of medication for it.

I have looked over the rate scheduling tables and I feel that I am at least around 70% because I have a lot of those symptoms.

My case is still being reviewed. I got a letter yesterday that said that they were still looking at it. I am wondering when and if I will get a new C&P exam or can they base my rating on my medical records. I have been treated an my VAMC.

Proving the service connection wasn't hard for me because depression was documented in my military health record. I saw a Navy shrink and got treatment while I was still active duty.

It is more about the hear and now...I am having horrible anxiety at times and hardly ever sleep. I am on 4 different psych meds and I don't know if they are working or if they are going against each other or what. I do know that I would feel like total crap if I just stopped taking them...When I get my next appointment I will discuss my meds with my dr.

[WVSERVER]

I am going to be honest I am new to this game myself. So I do not have the answers to your questions. But the old guard should be chiming in soon.

Other then that I just wanted to say welcome to hadit.com. This site has helped me out a whole lot. I myself have struggled with anxiety at times it’s no fun. Hang in there keep you head up.

George.

[marinejay]

It depends, on where you are i think, i am in San Diego and i put in an increase for my back and da new claim for my right shoulder, and hypertension back in MAR 2008. I just had a C&P at the beginning of Jun. I am hoping to have a decison by the end of the year. Total time frame, close to 5yrs. Just my 2 cents.

[carlie]

I've recently submitted a rate increase for my depression and anxiety. I am already rated 30% for MDD. I have had a very hard time keeping a job. I get messed up thoughts in my head that makes it difficult to keep up the pace at work and having constant panic attacks.

I've been hospitalized in the past few months. Once for severe chest pain which was found to be "stress related" and then I was hospitalized twice for suicidal ideation with a plan. My depression has gotten worse and I am on a lot of medication for it.

I have looked over the rate scheduling tables and I feel that I am at least around 70% because I have a lot of those symptoms.

Here's a link for the criteria MH is rated under.

I would check to see if I have medical evidence already of record, that supports

a higher evaluation. If I had this evidence I would get a copy, make a copy to submit

directly to my VARO and keep a copy for my personal records.

If not, at least make the VARO aware of the medical records and provide them with signed

ROI's if needed.

I would also get proof of submitting this to the VARO

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=7aa8bfc8b8f315dc225c1fbff4c314fe&rgn=div8&view=text&node=38:1.0.1.1.5.2.111.73&idno=38

My case is still being reviewed. I got a letter yesterday that said that they were still looking at it. I am wondering when and if I will get a new C&P exam or can they base my rating on my medical records. I have been treated an my VAMC.

Yes you will most likely have a new C&P exam scheduled but yes, the VARO can base a decision on your

medical records from your VAMC, if they are considered to be current and sufficient for rating purposes.

Proving the service connection wasn't hard for me because depression was documented in my military health record. I saw a Navy shrink and got treatment while I was still active duty.

It is more about the hear and now...I am having horrible anxiety at times and hardly ever sleep. I am on 4 different psych meds and I don't know if they are working or if they are going against each other or what. I do know that I would feel like total crap if I just stopped taking them...When I get my next appointment I will discuss my meds with my dr.

Another helpful action you can take to be pro-active on your claim is study the following

and decide if you want to ask whom ever is providing your mental health care/treatment,

to fill this short form out for you and let you come pick it up in a few days or a week.

If it shows medical evidence that fits the criteria for a higher evaluation, then I would submit a copy

directly to my VARO, and get proof of submission.

DBQ Info:

http://benefits.va.gov/TRANSFORMATION/dbqs/FAQS.asp

MENTAL DISORDERS (OTHER THAN PTSD AND EATING DISORDERS)

DISABILITY BENEFITS QUESTIONNAIRE:

http://www.vba.va.gov/pubs/forms/VBA-21-0960P-2-ARE.pdf

JMHO - carlie

[rentalguy1]

I am in agreement with Carlie (as usual). Yes, they can rate based solely on the new medical evidence on record, if they bother to actually request that information from the VARO. If the medical evidence resides outside of the VA system, it is up to the vet to get that information to the VARO, via signed release of information forms, and my preferred method of gathering those records yourself and then sending them in along with the request for increase. The usual scenario would be for the VARO to request a updated C&P, however. How long this can take depends on a few factors, such as how many other claims are in line ahead of you, and how many new claims from one of the "priority" groups are filed after your request. As was already said, this is also geographically dependent, too. If Dago, it can take a long time. In Nashville or Waco maybe in just a few months.

I also agree that you have to have this evidence of symptoms in written form, from a doctor with a psychiatric/psychology specialty. It's not enough for you alone to think that you have these symptoms for the higher rating, or even for a nurse practitioner, physician's assistant, or a general practioner to have stated so in your medical records. The only way your medical records from a treating physician or IMO will outweigh the VAMC C&P examiner's is if their credentials are equal to, or greater than the examiner's. You should go over the rating criteria and the Mental Health C&P Exam Quide several times. If you don't know what either of those is saying, Google the phrase in question. You have to have a knowledge on the material greater than that of the rater, and as equal to the examiner as you can. This way you can tell the examiner exactly what is going on with you, and nothing will be lost in medical translastion, as often happens.

Good luck!

Mental Health C&P Exam Worksheet:

http://www.vba.va.gov/bln/21/benefits/exams/disexm37.pdf

Criteria for rating mental disabilities:

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=29f9b18a74de457da30287fab936b31b&rgn=div8&view=text&node=38:1.0.1.1.5.2.111.73&idno=38

[broncovet]

The courts have ruled that a C and P exam is not mandantory...the VARO can "decide" the claim, either favorable (yea right) or unfavorable, based on the evidence of record. Only if the VARO thinks there is insufficient evidence to decide, will they schedule a C and P exam.

Your VA doc may have already provided evidence to deny (or award) your benefits without a C and P exam.

[carlie]

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=e865c1921dc1cb7fdb51173483fdd668&rgn=div8&view=text&node=38:1.0.1.1.4.2.67.133&idno=38

3.326 Examinations.

For purposes of this section, the term examination includes periods of hospital observation when required by VA.

(a) Where there is a claim for disability compensation or pension but medical evidence accompanying the claim is not adequate for rating purposes, a Department of Veterans Affairs examination will be authorized. This paragraph applies to original and reopened claims as well as claims for increase submitted by a veteran, surviving spouse, parent, or child. Individuals for whom an examination has been scheduled are required to report for the examination.

(b) Provided that it is otherwise adequate for rating purposes, any hospital report, or any examination report, from any government or private institution may be accepted for rating a claim without further examination. However, monetary benefits to a former prisoner of war will not be denied unless the claimant has been offered a complete physical examination conducted at a Department of Veterans Affairs hospital or outpatient clinic.

© Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination.

(Authority: 38 U.S.C. 5107(a))

Cross Reference:

Failure to report for VA examination. See §3.655.

[60 FR 52864, Oct. 11, 1995, as amended at 66 FR 45632, Aug. 29, 2001]