Question About C& P?

[Buck52]

if you get schedule for a C&P can the veteran refuse it? and get an IMO?

Or if the veterans C& P didn't go as well not anything favorable to his/her claim knowing a denial is on the way can the veteran stop the claim...and start over...I ask this for a fellow veteran...no puter or how to use one...he is a good friend this is the only way I know to ask....he supposable had this C& P 2 weeks ago or so his first compensation claim.

I'm not sure what he is filing his claim for?...speculation but his bad back,neck,?? he has bone degeneration, fibro, headaches, dizzy spells, I'm not sure what all?

He told me if he gets denied its because that wise as VA Doc at the C& P &... He said if I'm DENIED ''THEN F**** THE WHOLE ***** Claim.'' he is really pissed off needless to say.

not sure I can help him?

Thanks everyone!

[toddt]

If he is denied he can submit a Notice of Disagreement and present an IMO at that time. That way he would know what he needs to verify his claim. Or, I don't see any reason why he could not submit an IMO at this time prior to the decision.

Just my humble opinion.

[Buck52]

oh ok well I need to find out more info from him or his spouse he is very hot temper fellow. I kinda told him what you mention but he didn't listen...I may wait a week or so ..I told him to just wait and see if he gets denied...they may make a decision in his favor...he won't tell me what happen a the C&P Just that the VA doc was an A.H.

Anyway I called him tonight ask hadit some questions he said forget it...so...I need to let him cool off...he lot bigger than me Lol

[carlie]

if you get schedule for a C&P can the veteran refuse it? and get an IMO?

Or if the veterans C& P didn't go as well not anything favorable to his/her claim knowing a denial is on the way can the veteran stop the claim...and start over...I ask this for a fellow veteran...no puter or how to use one...he is a good friend this is the only way I know to ask....he supposable had this C& P 2 weeks ago or so his first compensation claim.

I'm not sure what he is filing his claim for?...speculation but his bad back,neck,?? he has bone degeneration, fibro, headaches, dizzy spells, I'm not sure what all?

He told me if he gets denied its because that wise as VA Doc at the C& P &... He said if I'm DENIED ''THEN F**** THE WHOLE ***** Claim.'' he is really pissed off needless to say.

not sure I can help him?

Thanks everyone!

3.326 Examinations.

For purposes of this section, the term examination includes periods of hospital observation when required by VA.

(a) Where there is a claim for disability compensation or pension but medical evidence accompanying the claim is not adequate for rating purposes, a Department of Veterans Affairs examination will be authorized. This paragraph applies to original and reopened claims as well as claims for increase submitted by a veteran, surviving spouse, parent, or child. Individuals for whom an examination has been scheduled are required to report for the examination.

(b) Provided that it is otherwise adequate for rating purposes, any hospital report, or any examination report, from any government or private institution may be accepted for rating a claim without further examination. However, monetary benefits to a former prisoner of war will not be denied unless the claimant has been offered a complete physical examination conducted at a Department of Veterans Affairs hospital or outpatient clinic.

© Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination.

(Authority: 38 U.S.C. 5107(a))

Cross Reference: Failure to report for VA examination. See §3.655.

[60 FR 52864, Oct. 11, 1995, as amended at 66 FR 45632, Aug. 29, 2001]

*****************************

3.655 Failure to report for Department of Veterans Affairs examination.

(a) General. When entitlement or continued entitlement to a benefit cannot be established or confirmed without a current VA examination or reexamination and a claimant, without good cause, fails to report for such examination, or reexamination, action shall be taken in accordance with paragraph (b) or © of this section as appropriate. Examples of good cause include, but are not limited to, the illness or hospitalization of the claimant, death of an immediate family member, etc. For purposes of this section, the terms examination and reexamination include periods of hospital observation when required by VA.

(b) Original or reopened claim, or claim for increase. When a claimant fails to report for an examination scheduled in conjunction with an original compensation claim, the claim shall be rated based on the evidence of record. When the examination was scheduled in conjunction with any other original claim, a reopened claim for a benefit which was previously disallowed, or a claim for increase, the claim shall be denied.

© Running award. (1) When a claimant fails to report for a reexamination and the issue is continuing entitlement, VA shall issue a pretermination notice advising the payee that payment for the disability or disabilities for which the reexamination was scheduled will be discontinued or, if a minimum evaluation is established in part 4 of this title or there is an evaluation protected under §3.951(b) of this part, reduced to the lower evaluation. Such notice shall also include the prospective date of discontinuance or reduction, the reason therefor and a statement of the claimant's procedural and appellate rights. The claimant shall be allowed 60 days to indicate his or her willingness to report for a reexamination or to present evidence that payment for the disability or disabilities for which the reexamination was scheduled should not be discontinued or reduced.

(2) If there is no response within 60 days, or if the evidence submitted does not establish continued entitlement, payment for such disability or disabilities shall be discontinued or reduced as of the date indicated in the pretermination notice or the date of last payment, whichever is later.

(3) If notice is received that the claimant is willing to report for a reexamination before payment has been discontinued or reduced, action to adjust payment shall be deferred. The reexamination shall be rescheduled and the claimant notified that failure to report for the rescheduled examination shall be cause for immediate discontinuance or reduction of payment. When a claimant fails to report for such rescheduled examination, payment shall be reduced or discontinued as of the date of last payment and shall not be further adjusted until a VA examination has been conducted and the report reviewed.

(4) If within 30 days of a pretermination notice issued under paragraph ©(1) of this section the claimant requests a hearing, action to adjust payment shall be deferred as set forth in §3.105(h)(1) of this part. If a hearing is requested more than 30 days after such pretermination notice but before the proposed date of discontinuance or reduction, a hearing shall be scheduled, but payment shall nevertheless be discontinued or reduced as of the date proposed in the pretermination notice or date of last payment, whichever is later, unless information is presented which warrants a different determination. When the claimant has also expressed willingness to report for an examination, however, the provisions of paragraph ©(3) of this section shall apply.

(Authority: 38 U.S.C. 501)

Cross References: Procedural due process and appellate rights: See §3.103. Examinations: See §3.326. Reexaminations: See §3.327. Resumption of rating when veteran subsequently reports for VA examination: See §3.330.

[55 FR 49521, Nov. 29, 1990; 58 FR 46865, Sept. 3, 1993]

[carlie]

oh ok well I need to find out more info from him or his spouse he is very hot temper fellow. I kinda told him what you mention but he didn't listen...I may wait a week or so ..I told him to just wait and see if he gets denied...they may make a decision in his favor...he won't tell me what happen a the C&P Just that the VA doc was an A.H.

Anyway I called him tonight ask hadit some questions he said forget it...so...I need to let him cool off...he lot bigger than me Lol

This guy sounds like a hot head already - I would use great caution prior to investing

my time and energy into him.

Just a little guessing here on my part

BUT

sure the C&P examiner could have been a huge jerk, or not

and perhaps this vet went in with a big attitude and chip on his shoulder

providing the examiner with a reason - to be a jerk.

Vinegar is sour and this attitude your guy has - really only harms himself,

because truthfully - much of no one gives a rat's behind about how he feels

or his little angry outbursts.

Also - since he's already saying if he gets a denial then F * ^ $ the whole thing . . .

I'd probably be RUNNING away from helping him - at least until he can humble himself

to a little attitude adjustment.

Believe me - if you are helping out and he gets a denial - he will at least think you are

partly at fault.

Only posting this for you from learning thru 20 years of personal experience.

jmho

[Buck52]

carlie has answered my question's

I ask that this post to be closed out to make more room & time for other veterans claim questions.

I Apologize.

Thanks everyone!

[Notorious Kelly]

Good on ya for trying to help him, Britton.

No need to apologize - I've learned not to let others' anger control me.

Can't 'Like" an admin's post but I Like Carlie's response.