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.

[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.