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C&p Severity Examination While In The Middle Of Bva Appeal

Ryguy

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Ryguy

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Hi, I just received a letter from the VARO stating that I should be receiving a letter for the scheduling of a C&P Exam to re-evaluate the severity of my current disability (lumber cervical issues,and flat foot conditions). I also am in the middle of an appeal with the BVA, I've already had my Live Video Conference Hearing on March 11, 2014, (the judge requested more current records, which I had submitted by April 11, 2014), still my current status says File is with Veterans Law Judge. My condition has actually gotten worst with the back issues, so is this good or bad? Also is this weird to get a c&p exam for reevaluation of disability, and be in the middle of an appeal?? Just seems a little strange.

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Stretch Grand Master

Stretch

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This is good. The Judge probably ordered the C&P and a rating. This might expidite your claim since the law judge is keeping your file. I don't want to give false hope, but this is JMO. If your condition has worsened then this is news for a higher rating than you would have gotten.

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Ryguy Collaborator

Ryguy

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So i'm in an appeal for cervical issues from 2007. I'm assuming i'm being re-evaluated for the 5 year severity c&p evaluation of my service connection for lumbar strain, with DJD, flat foot condition. But does BVA have access to a C&P exam, which i just found out today that is scheduled for Saturday?? Thats just the part that I thought was odd, because i didn't think the Veteran Law Judge could see a current file at the VA. Any ideas or light shedding would be appreicated.

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Berta Grand Master

Berta

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Was this C & P exam part of a BVA or CAVC remand ?

If being done at a VAMC you could request a copy of it and hopefully it will be favorable to the claim.

VA did a C & P on my deceased husband in 2008 due to a BVA remand and I got a copy of it right away and rebutted it medically as being too speculative and I sent the exam copy and my rebuttal to the BVA right away.

BVA agreed it was too speculative and awarded with the 3 IMOs and other probative medical evidence they already had.

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Ryguy Collaborator

Ryguy

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Berta this is just a regular evaluation for my back service connection lumbar issues, i have a appeal case thats with the veteran law judge, so i think this is a separate issue im thinking. I called the c&p department and the rep saod this was a back re evaluation to see if the condition has worsened or improved. So should i submit this c&p exam findings to the veterans law judge once i get the report or leave it alone? The case is not in remand or anything its still be decided upon im assuming

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Berta Grand Master

Berta

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If it is separate, then still try to get a copy in case you need it.

I guess I thought it would have something to do with the cervical issues in the claim with the BVA judge............

Flat feet..... that can lead to many other problems, with knees,hips, ankles and back.And aggravate those conditions too.

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