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Can I Send In Nexus After C&p


Hawkeye
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Question

My wife already sent in connection of her disability in her initial release of medical records and she neglected to bring them during her exam due to our own error(early appointment and long drive). The examiner told her she needed proof by close of business today which is impossible because we live so far away. Should we just upload the documents to ebenfits right away or wait until they deny her or what? We have the documents but by the time we get to the VA they will be closed even though we have the connection documents which they should have had to begin with since we already sent them in. Any help would be appreciated.

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Although it is a good idea, your wife should not have to provide nexus proof at a C & P exam if she has already provided same to her RO with her initial claims. If anything, the RO should have provided copies of your wife's relevant medical records and nexus evidence to the C & P examiner prior to your wife's C & P exam.

However, I agree with Mike. Upload ASAP. If you have problems uploading, Hadit member "Berta" has the fax numbers for many, if not all, of the ROs and you could FAX the info if necessary. She will need to know the RO (Regional Office) where your wife's claim was filed.

Just to be on the safe side, your wife may want to submit a 21-4138 (Statement in Support of Claim) in which she explains what she was told by the C & P examiner, why she didn't have the nexus evidence with her and a reminder that the nexus was previously provided. She could upload or FAX this statement to the RO along with her second submission of the nexus evidence. JMO.

Good luck.

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Hawkeye,

You are welcome. We completely understand your wife's feelings. However, your wife's RO will probably not render any type of decision for a few days at a minimum. With the early appointment time and the long drive time both ways, the C & P examiner should have been more understanding.

In her statement, your wife may want to mention that she is requesting another C & P exam by another examiner if the C & P examiner fails to affirm a nexus simply because the examiner didn't receive the nexus evidence by close of business today which was an unreasonable time frame. Even if the C & P examiner fails to affirm a nexus but confirms your wife's medical conditions, the RO should still rule in your wife's favor if she has submitted substantial nexus evidence to the RO before they reach the point of rendering a decision. JMO

Good luck and please express my thanks to your wife for her service.

Georgiapapa.

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Not that I don't recommend sending evidence off. But I would do as stated above. But in addition to this I would save some medical evidence for your rebuttal and NOD. New and material evidence does wonders when things don't go your way. I can totally believe the C&P doc not having the records. Oh keep your fax receipt confirmation page you may need it later on. Good luck though and keep in the fight.

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Sorry to hear of your troubles. I agree with the advice given above. I too have 8 exams over the next few days at 2 different VA both over 200 and 300 miles round trip. That is why I spent countless hours the past week getting all of my records together. Good luck and God Bless!!!

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