tdiu New C&p Ordered

[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

[meghp0405]

when a veteran submits a TDIU claim, it is a claim for an increase. I would obtain another IMO that supports your claim. Now would be a good time to do this while your claim is back in the gathering evidence (development) phase.

[USMC5811]

In regards to recording C&P exams:

SSGmajik hoping the latest C&P examiner will be fair and do things right this time.....please let us know how it goes for you.

Edited January 24, 2013 by USMC5811

[SSGmajik]

Thank you for the help! I had my exam today & it was long, 4 hrs to be exact! I could tell this doc was new to doing C&P's, b/c he had to ask 2 other dr's for opinions on different things, but overall I was happy that he at least listened to me & was very thorough on the exam. I have to go next week for 2 more C&P's, so I'll get a copy & see what he wrote. Thanks again for the help!

[Hollis]

how do u get a copy of your C&P

[USMC5811]

Good to hear SSGmajik. Hope when you obtain the copy of the C&P report he was thorough in filling out the paperwork and it is favorable for you.

how do u get a copy of your C&P

Hollis to get a copy of your C&P you can:

If the C&P was performed at a VA facility by a VA doc/np etc - wait at least a few days after having the exam (to give them time to write up their report) then go to the release of information desk to sign a release form to obtain a copy directly from that facility OR sometimes (not all VA clinics will do this) you can obtain one from the VA clinic that you go to after signing a release.

If the C&P was performed by a contractor (QTC etc) of the VA - you will have to wait until QTC sends it to VA which can take anywhere from 1 week to 2 months or longer. Once VA is in receipt of it (depending on RO sometimes you can check on ebenefits to see if they are in receipt of it) then you can request a copy by writing a letter to your RO. If your requesting one from your RO...I would suggest on the outside envelope on the bottom left or right hand corner to write "Privacy Act Information Request" so that the VA mail room sorts it correctly.

[SSGmajik]

I hope so too! Thank you again for your help USMC5811!