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Question About C & P Exams Conducted While On Appeal

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raidertone

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Hello newbie here, was hoping someone can help me with a question.

I currently have an appeal waiting to be certified and sent to the bva in reference to gulf war presumptive illness'. It's been at this stage since 2007. In October of 2011 two c&p exams were ordered (I had never had any c&p exams prior to this) Since I was just waiting around anyways I requested a copy of the exams. I received them yesterday. On both of them the doctor indicated that the issues were more than likely service related and fall within the guidlelines for disability benefits under the gulf war presumptive regs.

Now my question is with this new information available to the vro in los angeles will the appeal still proceed to bva or can the vro make a decision without sending it up. I'm asking because if it does get sent up to bva as scheduled won't it just get remanded back to the vro due to the c&p exam results?

Thanks in advance for any assistance.

Tony

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Anybody?

The effective date will be the date the claim was submitted IF it was continually

prosecuted in a timely manner.

If SC is granted, sometimes due to years passing by while waiting on the appeal/s,

evaluations for percentage levels will need to be adjudicated in staged ratings.

This would be due to the medical evidence of record during different time frames.

JMHO

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The effective date will be the date the claim was submitted IF it was continually

prosecuted in a timely manner.

If SC is granted, sometimes due to years passing by while waiting on the appeal/s,

evaluations for percentage levels will need to be adjudicated in staged ratings.

This would be due to the medical evidence of record during different time frames.

JMHO

Thank you for the information Carlie....I appreciate it.

Tony

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Hello everybody. I've got another question in reference to c&p exams. Should there be cause for concern since I haven't heard back from the RO in reference to the c&p exams that were conducted back on 10/05/11. The exams were both favorable but it having been over a year now has got me worried. Or could it be normal just due to back log? Thanks, hope everyone has a great weekend.

Tony

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The regulations state that the effective date will be the LATER of "facts found" or the date of claim. The VA can/sometimes does use the effective date of the C and P exam.

In other words if you applied for benefits in 2002, and they did a C and P exam in 2011, the Va can often use 2011 as an effective date. You see, you have to have a "current diagnosis" to get benefits. So, if you were not diagnosed prior to 2011 for the malady, then 2011 would be your effective date.

If another doc says you were diagnosed in 2002, then you need to supply that evidence.

Most of the time the C and P examiner wont opine "The Veteran has had this malady since 2002", since the C and P examiner probably did not even see you until 2011.

This is why you probably want to take your med records to the C and P exam, and explain you have already been diagnosed with this malady since 2002...by 4 different docs.

Of course, Vets often dont know this, and get hornswaggled in the effective date.

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The regulations state that the effective date will be the LATER of "facts found" or the date of claim. The VA can/sometimes does use the effective date of the C and P exam.

In other words if you applied for benefits in 2002, and they did a C and P exam in 2011, the Va can often use 2011 as an effective date. You see, you have to have a "current diagnosis" to get benefits. So, if you were not diagnosed prior to 2011 for the malady, then 2011 would be your effective date.

If another doc says you were diagnosed in 2002, then you need to supply that evidence.

Most of the time the C and P examiner wont opine "The Veteran has had this malady since 2002", since the C and P examiner probably did not even see you until 2011.

This is why you probably want to take your med records to the C and P exam, and explain you have already been diagnosed with this malady since 2002...by 4 different docs.

Of course, Vets often dont know this, and get hornswaggled in the effective date.

Thanks for the info broncovet. What do you think about the exams being done over a year ago now? Just a backlog issue? I was getting kind of concerned since I havent heard anything back in reference to the exams.

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The regulations state that the effective date will be the LATER of "facts found" or the date of claim. The VA can/sometimes does use the effective date of the C and P exam.

In other words if you applied for benefits in 2002, and they did a C and P exam in 2011, the Va can often use 2011 as an effective date. You see, you have to have a "current diagnosis" to get benefits. So, if you were not diagnosed prior to 2011 for the malady, then 2011 would be your effective date.

If another doc says you were diagnosed in 2002, then you need to supply that evidence.

Most of the time the C and P examiner wont opine "The Veteran has had this malady since 2002", since the C and P examiner probably did not even see you until 2011.

This is why you probably want to take your med records to the C and P exam, and explain you have already been diagnosed with this malady since 2002...by 4 different docs.

Of course, Vets often dont know this, and get hornswaggled in the effective date.

i had that issue years ago when i was adjudicated for special monthly pension. the va used the date of my c&p exam. i filed a disagreement and the va changed the date to when i submitted my claim.

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