I just received a letter this weekend that the Cleveland VARO has ordered 3 C&P exams.
A little background first.
10/2010 - Submitted TDIU claim
11/2010 - General C&P exam & Mental health C&P
04/2012 - Received Rating increase decision, which was automaticaly filed by VA when filing TDIU. Total rating stayed the same (70%), but was lowered on my back without a ROM exam even the C&P Doc put measurements in my exam results, which is the main reason for my NOD letter above. TDIU deferred.
04/2012 - TDIU deferred status goes back to gathering evidence phase.
08/2012 - NOD sent. See my profile for sample letter I sent disagreeing with general C&P that was performed in 11/2010.
01/2013 - VA acknowledges my NOD & I selected a DRO to review it.
01/2013 - VA requests new C&P exams.
What can I do to guard against the VA using the C&P as the sole weight when deciding my claim? I hope this C&P doc is a good one & doesn't lie like the last one. It was a good thing he didn't perform the last C&P according to VA regs or it would of been my word vs his. Can I record the C&P? If yes, do I have to let the doc know I'm voice recording the C&P? I have the general C&P tomorrow, then another mental health & then a TBI next week. I hope they get it right this time, because I don't know how much more I can take of this! Any help is greatly appreciated!
Thanks,
ssgmajik
Thank you to all who are serving or have served our great country!
Question
SSGmajik
I just received a letter this weekend that the Cleveland VARO has ordered 3 C&P exams.
A little background first.
10/2010 - Submitted TDIU claim
11/2010 - General C&P exam & Mental health C&P
04/2012 - Received Rating increase decision, which was automaticaly filed by VA when filing TDIU. Total rating stayed the same (70%), but was lowered on my back without a ROM exam even the C&P Doc put measurements in my exam results, which is the main reason for my NOD letter above. TDIU deferred.
04/2012 - TDIU deferred status goes back to gathering evidence phase.
08/2012 - NOD sent. See my profile for sample letter I sent disagreeing with general C&P that was performed in 11/2010.
01/2013 - VA acknowledges my NOD & I selected a DRO to review it.
01/2013 - VA requests new C&P exams.
What can I do to guard against the VA using the C&P as the sole weight when deciding my claim? I hope this C&P doc is a good one & doesn't lie like the last one. It was a good thing he didn't perform the last C&P according to VA regs or it would of been my word vs his. Can I record the C&P? If yes, do I have to let the doc know I'm voice recording the C&P? I have the general C&P tomorrow, then another mental health & then a TBI next week. I hope they get it right this time, because I don't know how much more I can take of this! Any help is greatly appreciated!
Thanks,
ssgmajik
Thank you to all who are serving or have served our great country!
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