ptsd How Many Compensation & Pension Exams Is Normal For An Appeal?

[jeffperry1134]

Just wondering how many C&P exams is normal for a PTSD appeal???? I have had 5 so far and have a feeling that they will want to do another one before they send it to the BVA. All have lasted 20 minutes or less.

[Chuck75]

"The VA wants a C&P exam for each and every disability claimed"

Not always. There is such a thing as a general C&P, although it seems that usage is small.

What is supposed to happen is that the "general" exam results drives the examiner to fill

out additional details that are more or less the same as as an additional DBQ.

Actually, it seems that the RO's drive the C&Ps, perhaps to cover their tails,

or, in the hope that the C&P will be less favorable than existing evidence.

I actually had the Atlanta RO's request a C&P that primarily was a stress test twice, even though

the VA regs/ and medical guidelines said to NOT do a stress test.

The C&P's were not needed, because there was irrefutable medical evidence in my records that is

the "Golden Rule" definition of IHD. (Instrumented Cardiac Cath.and LVEF %). It seems that

this can measure pressures, flow, and timings within the heart.

Edited October 26, 2014 by Chuck75

[Berta]

Good replies above........I realized reading the replies that it isn't that unusual....and I remembered my husband got maybe 5 or even more posthumous C & Ps after he was dead.....

but only one was for his PTSD. 30% to 100% P & T.

PR said:

"Adding to Berta's post, you should "waive the original organization review" of any new evidence being submitted to the BVA, as it would force a remand if you don't waive it, which would cause another 2 yrs of processing delays. jmo"

YES I always seem to forget that important point!!!!!

I asked the BVA to remand my claim years ago...with good cause and the BVA agreed.

My VCAA letter was so deficient that it was detrimental to my claim.

But I didnt get a new VCAA letter, I got another C & P, then claim was sent back to the BVA.

BVA felt that my medical evidence had mitigated the potential damage of the illegal VCAA letter and they awarded.

I had not filed a waiver for further consideration vbecause I knew the VCAA letter ( which is the first thing the BVA reads) would have prompted a remand anyhow.

Somewhere here we have under a search a copy of the blank Waiver.

[jbasser]

It really depends on your situation.

If you have the results of the previous exams, Which I strongly reccommend you get if you dont have, and compare the meat of the exam.

They are looking for something. If the previous exams are posative in your favor and they are seeking another exam, You should worry. They may be seeking a negative exam.

I have seen some cases of this where the vet wins with the arguement of Doctor Shopping on behalf of the VA in order to get an examiner to opine in the VA's favor.

This is really a grey area because there are no Physical medical tests to disgnose PTSD like there is with other Physical issues.

Good Luck.

Basser

[jeffperry1134]

Hopefully I will not need anymore, but it has been 2 years.