Rescheduled C&p Used To Deny Claim!

[thomasc]

Hadit.com has the smartest Vets online and I could use some more advice!

So in 2008 I had a C&P I was unable to attend and called the C&P office and asked to have it rescheduled. About three weeks later I received a denial letter stating I had cancelled my C&P and therefore could not be examined. I didn't fight it and figured I'd take care of it later.

So years later I reopened my claim with new evidence and was denied based on the 2008 decision. I am really confused how asking to have a C&P rescheduled can be the bases for all future denials.

How to I fix this crazy cycle? or can I?

Thanks.

[Navy04]

I feel for you bud, but you never miss a C&P no matter what. I just drove over 300 miles to my C&Ps two weeks ago. It is sad, but the VA along with the SSA, they look for any reason to deny us. Good luck

[john999]

I had the almost the same thing happen to me. The VA cancelled the C&P exam. They told me they would be in contact to schedule a new Exam. About a month later I got a denial and guess what?.......The VA said I missed my appointment. Well, I called the VAMC where the exam was originally scheduled and ask what the heck happened. They looked it un and said they would schedule me another exam. They did and I eventually won the claim. If I had not got on the phone and/or filed an NOD my claim would have failed and I would have had to file a CUE claim after it became final. That is your only recourse if you let the Appeal one year date go by. You will probably lose in the CUE process. They will just say you should have appealed.

[thomasc]

It was my fault back in 2008 that I did not fight it, but I am amazed the VA uses this as the reason to deny now!

I've been going back over old rating letters searching for past reasons I was denied, and 2008 rating decision is used over and over.

I think I'll file a CUE on all the way back to 2004!

Edited March 3, 2014 by thomasc

[USMC_HVEQ]

that is horrendous news, sorry to hear. Hopefully an IMO or something can overcome that. I had my c&P today, I thought it is for tdiu but the lady was kinda coy. shes like a review. anyways, I overslept. Lucky I made it. I was 35 mins late. I fell back a sleep this morning and was panicking after hearing your story and others. I knew I had to make it there no what. Lady was different than most c&P's seemed she was more on the minimizing side. wasnt the easiest. shes like give examples of x y z....what specific incident ptsd. Im like V-BIED gate bombing, IEDs, Mortars, Rockets, Small arms......

just went over same stuff, just seemed more trivialized. dont know report says yet

[thomasc]

I now know the importance of C&Ps but my PTSD had me really jacked up at the time. Looking back there was much done wrong by both me and the VA, and I am just wondering if its worth making it right now. Its not all about the money, but making the VA do the right thing!

Edited March 12, 2014 by thomasc

[63SIERRA]

Dont let them make you focus so much on CP exams. CP exams arent even always required to make descisions on claims. They are going back to the closet, and get the same skeleton out, and presenting it to you. Develop, authenitcate, and file new and material evidence and file it. Service connected comp is for ONGOING issues. Get you some ONGOING treatment, some ONGOING med recs, TO Back up the ONGOING treatment, then get you some ONGOING compensation.

Lets be candid here. You dropped the ball. we all do at some point. did the VA pounce on it and hump it like a rabbit in springtime, hell yea they did. thats how they roll. can you fix it now, probably. But quit following thier lead.