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Drs Exam.

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Rocket1949

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Hello All,  after receiving 70% disability earlier this year I thought I was pretty much over the process with the exception of me offering new evidence or appealing my claim. When I got my explanation of what benefits I was awarded it showed the percentages of each disability. The ones not awarded  offered up an explanation of why they didn't award for that particular claim. Now I'm being called in for an examination for my knees and back and told not to bring any medical records as this exam will be based on the Drs opinion. I'm not sure what I'm asking here but has anyone had this same experience.

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Were your knees and back disabilities that you were awarded for or denied? Did you file a NOD on the claimed conditions that were denied?

Edited by bluevet
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Bluevet,knees and back were denied. I have not filed a NOD. When they called me initially about this up coming appointment they stated that my combat experience should have been taken under consideration and that they were going to arrange for me to see a Dr. for evaluation . Was curious if anyone else has had this experience?

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I've heard one other story of the VA doing an unsolicited re-consideration of a previously denied claim, but it seems rare. Maybe someone else on the board could tell you more, but since these exams are for conditions that they already denied, I can't see any downside to them for you. How long has it been since your denial? If it hasn't been a year, I would file a NOD for the denied conditions right away, just to cover your bases. If it has been more than a year, I would just go to the appointments and see what comes of it. There is also the possibility that a CUE exists here, which would give you the opportunity to appeal even if you're beyond the normal appeal period. Also, have you checked on e-benefits to see if the claims for your knees and back are showing as re-opened or possibly as on appeal?

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That is a load of crap in my opinion.  the examination should be taking into account the totality of the your disability,  the hisotry of the disability is as important as the current symptoms. 

Bring the evidence anyways, they cant tell you, you are NOT ALLOWED to bring in evidence.  the doctor can choose to not consider it, however.  I would bring it and i would also send it in to the claims intake center, if you have anything NEW was not considered in the recent denial.

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I agree with USMC_VET.  I brought my relevant medical records to my last two C & P exams.  In both exams, the examiners reviewed my records and cited some of the info from the records in their C & P reports.  Also, both of the examiners stated they had not been provided with records from the RO to review prior to my exams. They were simply using a computerized checklist of questions similar to a DBQ which in my opinion prevents the examiner from performing a thorough and complete exam.  Both of my examiners seemed to appreciate having my records available.   By all means, bring all relevant medical evidence you have supporting your contentions.   The examiner may choose not to review your medical records but if they do choose to review the records, your chances of receiving a positive report from the examiner increase,  

Good luck to you.

GP

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Sounds like a good thing, as I personally had this happen to me, where I was granted a few conditions that I did not ask for. Go ahead and take your records, so that when the Doc asks a question, BAM you go straight to the Evidence. Good luck and God Bless!!!

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