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

[silverdollar22]

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

[71M10]

I suspect somewhere in here we will see definative proof of the "records only C&P" that the VBA/VA codified about 2 years ago. They slipped one of those into my last DRO decision (it pushed me to 100% schedular). I don't think a records only C&P is necessarilly bad(depending on situation), but it has potential for great missuse by the VBA!

Best regards,

[silverdollar22]

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.

That sounds like pretty good advice on the credentials thing. I was so nieve the first go around that i would have tried to run two miles if the examiner would have said I had too. Also thanks for all the good advice from everyone . I guess I'll just hunker down and put on my waiting boots now!!! But thanks to all the fine people and good advice I've recieved here. I know what to expect and what to look out for on the next set of challenges.

Edited April 21, 2014 by silverdollar22