Rule Of Re-Exam

[WVSERVER]

I now this has been answered before probably a thousand times before but my search-fu is off today so I will just ask, how can you tell if you are to be re-examined by the VA or not. I have read my initial award letter a couple times and can find no were it confirms or denies I will be re-exam. I ask this because I am getting a C&P exam later this month for some previously denied contentions( ) and I am wondering if I will get re-examed for the things I am SC for and the new contentions or just the new contentions.

I am sc for sleep apnea 50% IBS,GEERD, Hiatal hernia to include chest pain, and spastic colon 30% Tinnitus 10% and 4 0% for a grand total of 70% I am hoping they wont try to drop others to connect new contentions.

[vet201060]

log onto Ebenefits and look for tab Access My Documents then click on Download VA Letters and click on letter and it will show you details on your disability ratings. I put the link below.

https://www.ebenefits.va.gov/ebenefits-portal/ebenefits.portal

[carlie]

I now this has been answered before probably a thousand times before but my search-fu is off today so I will just ask, how can you tell if you are to be re-examined by the VA or not. I have read my initial award letter a couple times and can find no were it confirms or denies I will be re-exam. I ask this because I am getting a C&P exam later this month for some previously denied contentions( ) and I am wondering if I will get re-examed for the things I am SC for and the new contentions or just the new contentions.

I am sc for sleep apnea 50% IBS,GEERD, Hiatal hernia to include chest pain, and spastic colon 30% Tinnitus 10% and 4 0% for a grand total of 70% I am hoping they wont try to drop others to connect new contentions.

There is a possibility that the C&P exam for later this month, might examine or comment - for both the currently

SC'd conditions along with the previously denied conditions.

This happens all the time.

jmho

[WVSERVER]

I hate to beat a dead horse but I still do not understand when I will be re-exam if at all. The only reason I am bring this back up is because more likely then not I will get to go back to school thru voc-rehab but would not be able to afford it if I get down graded by the VA. I was awarded 70%in late 2012 and 90% in late 2014 all from an initial claim. I have read over all award letters and VA letters on ebenifits with no mention of re-exam.

[Navy04]

I just went thru Multiple Reviews 2 weeks ago, and I was not suppose to be reviewed until 2016. If you are not permanent then you can be reviewed at any time. All you have to do is either look at your award packet, or go on Ebennies and your benefits letter will say. "You are not considered to be permanent disabled due to you are scheduled for reduction on this date" You will know right then and there bud.

[Buck52]

WVSERVER

If this falls under the Appeals status?

It could be a good thing for ya, take any and all medical evidence new and old ask the examiner to address your medical evidence they have to consider your old evidence as well as long as it pertains to your SC Disability's.

N & M evidence will help you even if you have to get an IMO....they could rate you 100% P & T plus SMC's if warranted.

I don't think they would reduce you unless your SA has got better?

JMO

Buck!

[kate7772]

My husband's letter does not say anything one way or the other. So, I wonder the same thing. Maybe because he is only 90% and not 100?

Kate

[georgiapapa]

Kate,

Have you checked all of the "Downloadable VA Letters" on your husband's ebenefit's account to see if there is any indication of re-exams scheduled in the future?

GP

[broncovet]

Do not worry about re exams to try to reduce your previous service connections. Here is why. Ok, you are SC for sleep apnea. While you did not say what the "new contentions" you are seeking lets just say it is "not sleep apnea".

So you go to your C and P exam, for "not sleep apnea". Medical science is very specific...and if a foot doctor opines you dont have sleep apnea, that wont fly.

C and P exams have to be performed by a medical professional with expertise "in the field to which you are seeking". Sleep apnea docs are not foot docs nor vice versa.

To reduce you they would have to have evidence from a doctor who has expertise in that field, and you are seeking a c and p for another issue. Your sleep doc cant decide you dont have crooked toes, and your toe doc cant decide you dont have sleep apnea.

The VA is "ex parte". This means there is no one there who is trying to reduce you. Example: You go to a BVA hearing to service connect your sleep apnea. You are service connected for knee arthritis. The BVA judge can not decide to remove your service connections for your knees because he thinks you are walking just fine. He can only increase, he can not reduce you. Reductions have an entire set of rules the VA MUST follow..or the Veteran can get the reduction reversed.

[kate7772]

Kate,

Have you checked all of the "Downloadable VA Letters" on your husband's ebenefit's account to see if there is any indication of re-exams scheduled in the future?

GP

Yep. Nothing.