Va Examier

[Reddit]

How much weight does a va examier(C&P) diagnosis carries? If the va examier diagnosis you with a condition or illness, will that be consider a current diagnosis? and if you have recently gotten out of the miltary (less than a year) would you need a nexus to the miltary?

[john999]

If you have a chronic disease and make a claim within a year of discharge the VA treats it like you were on AD, more or less. I claimed a mental health issue within a year of discharge and got 10% retro to the day after I was discharged. This was in the bad old days, but I think the law is the same. I am not sure if the condition must be chronic or not, but if you were treated for it in the military and claim it within a year you should be good to go as long as you still have it. The C&P exam DX would be a current DX. It carries much weight with raters. You can also get a private exam at your cost. I would do that if I were you.

[ArNG11]

Im actually wondering what the exam is going to consist of. I am getting two C& P exams for my Gulf War. claim I don't know for what exactly yet. I have submitted a lot of medical documentation on my thyroid,GERD, Sleep apnea, fatigue,digestive problems, chronic diarrhea, and so forth. So I am curious now as to what exams they are going to do. Ive done the registry exam (a big joke), Sent in about 20 pages or so of my well documented issues from my private providers (speacialist mostly)that date back to a few months after I got back from Iraq, where I wanted to do something about the symptoms. So it is making me go hmmm I wonder what they are up to other than trying to find evidence to use against me. Of course they could be just doing a thorough follow through for the adjudiation of the claim? Maybe, or more likely that not they are trying to sink the claim. Who knows? I can speculate and worry and be way off the mark. Until I see it on paper I will have no clue. The waiting game continues. ... Heh did you know it hit zero degrees out here in Oklahoma. Brrr,the wind, it burns.. It burns us.

[john999]

When you throw a lot of stuff at the wall it is not clear what will stick. What are you claiming that will get you to 100%?

[ArNG11]

The VA examiner's examination and diagnosis carries a lot of weight. It does depend on the situation and the exact specifics of you claim. If you have in-service documentation and continuing treatment whether private or VA, that is supposed to factor in. The evidence is supposed to be thoroughly evaluated.

§4.6 Evaluation of evidence.

The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law.

However, VA raters seem to forget this. My suggestion is to continue your care. Not only for health reasons, but as well as to show continuing treatment and continuity. It will make it harder for them to shoot down the claim. Also if the examiner understates your condition you will have evidence to refute his findings and evaluation. You always need ammunition to use for your NOD if it comes to that.

[ArNG11]

John I didn't answer your ?. I'm not claiming anything that will get me to 100. If they rate my back to regs and grant and rate my gulf war issues I'll hit 83.98. So 80. That is a big IF though.

[qwiksting]

Reddit, did you go through the MEB? or were you discharged? If it were DX within one year of Discharge, and you have a shred of anything from the military you should be good to go. However, based off my experience, everything I claimed with the one year I was good. I was DX with another problem but did not claim it until 2 years later. The evidence rooted in the AD, and the VA, however the C&P examiner stated "not likely" in his report and I had to go to the BVA to get it awarded. Even then, it went back to the raters who in turn rated 0%. I am still in appeal on the rating %. Make sure you keep every piece of documentations from military to civilian no matter how un important you think it is. It may decide your claim.