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Do They Have To Give You A New C&p?

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silverdollar22

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I put a claim in for an increase last june and I was wondering if they had to give me a new C&P or can they use the one from 2011 where they denied my last claim? Got me worried when iris said they got my va records and my C&P results. My claim is under review . The only C&P i ever had was in 2011. Also can I put in multiple claims at one time? As i read up, (which i should have done before) I have found that I may have more claims than I clamed in 2013.

Any help would be appreaciated,

Silver

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  • HadIt.com Elder

They shouldn't use an old C&P exam report. Generally they must be current, at the very least within one yr and they need to be the type needed for the type of disability/injury you're claiming. You can put in as many claims as you want, at once.

pr

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They will request a new PTSD exam. You can put in 10 claims if you want, the only thing is this will tie you up for a long time. I have multiple issues left to claim, even though I will be 100% soon with my current claim. I put in a few conditions on one claim as an FDC, the 8 to 10 months later when claim is complete, put in another. Just easier that way bud. God Bless and good luck.

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They will request a new PTSD exam. You can put in 10 claims if you want, the only thing is this will tie you up for a long time. I have multiple issues left to claim, even though I will be 100% soon with my current claim. I put in a few conditions on one claim as an FDC, the 8 to 10 months later when claim is complete, put in another. Just easier that way bud. God Bless and good luck.

I guess what I'm trying to say is, I did my new claim in june 2013 then after reasearch i did an online FDC on 4 apr 14, then on 7 apr 14 i went to my va rep and submitted another claim for more things that i think i missed. Will all of these claims be bundled together or will they be seperate claims because of the different dates and conditions?

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I did pretty much the same thing with 4 claims covering about a 5 month period. They put them all together. Seven months after the last one, they are just now starting to work my claim and that was, I think, after I made a trip to Houston to verify they had received everything.

Now although they have DBQ's from my Doctors, specific letters written by my doctors, they say they are scheduling me for exams to obtain 4 different DBQ's. I'm trying to figure out what other info they think they will get other than what my doctor has provided already. I am not up to the idea of them reinventing the wheel again, because it may just come out square this time.

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I've found that when an old c &p exam goes against you, the VA will try to use it. When it favors you, you'll be scheduled for a new one. That being said, you're entitled to a contemporaneous exam per 38 CFR, and one from 2011 doesn't meet that definition. Also, when you do receive a new exam, check out the credentials of the examiner. If they have nothing to do with the area being examined and the exam goes against you, you can challenge it. We recently challenged one regarding an endocrine disorder that was performed by an anesthesiologist instead of an endocrinologist. We're waiting to see what happens, but if we're ignored and the Board accepts the results (it was a remanded claim), we'll present the same argument to the Court.

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  • HadIt.com Elder

The VA tried to use a C&P exam done in 1989 against me. They went through my entire file and picked one exam out of ten to try and win a claim that went to a hearing in 2014. If the VA wants you to go for a C&P exam then go. If you refuse or don't go for any reason your claim will be denied with about 100% certainty.

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