Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

C & P exam (not scheduled)

Rate this question


boomer2

Question

I was at the VA this morning for my regular six month visit with my PCP and I got a phone call just as I was checking in with the new kiosks they have.  The lady said since you here we would like to schedule you for a C & P exam for your prostate cancer. I put her off and told her I could not attend today so she scheduled it for Thurs. Now I have been rated 100% since Jan of 2014 for PC.  I know I will have a re-evaluation exam.  I have never received any notice to reduce or any other mail in regards to a proposal to reduce.  My question is if in fact this C & P is that and I have not been notified how do I file an appeal if I disagree with what they want to reduce me too?  I also went and talked to my VSO who I might add is quite competent.  She checked with St Petersburg, FL where the RO is at and said you should not be scheduled for any C & P exams.  I am going to go because I think would be better to go than not.  I will find out what is going on thurs. I guess.

Link to comment
Share on other sites

  • Answers 7
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • 0

I am sure if they propose to reduce you, you will certainly have time to appeal that.

 

This recent BVA decision contains the prostate cancer ratings:

http://www.va.gov/vetapp15/Files4/1531609.txt

 

You certainly are right to go to the C & P because

"She checked with St Petersburg, FL where the RO is at and said you should not be scheduled for any C & P exams.'

what did she base her rationale on that with?

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • 0

Really hard to say bud, but either way you have to go in there, and just see what they say. Good luck and Keep us posted

100% PTSD

100% Back

60% Bladder Issues

50% Migraines 
30% Crohn's Disease

30% R Shoulder

20% Radiculopathy, Left lower    10% Radiculopathy, Right lower 
10% L Knee  10% R Knee Surgery 2005&2007
10% Asthma
10% Tinnitus
10% Damage of Cranial Nerve II

10% Scars

SMC S

SMC K

OEF/OIF VET     100% VA P&T, Post 911 Caregiver, SSDI

 

 

Link to comment
Share on other sites

  • 0

Berta

She called someone at the RO office and they told her that I was not scheduled for any C & P exams. I checked on ebenefits and it does say a C & P exam. That is OK I am prepared.

 

 

Link to comment
Share on other sites

  • 0

Best of Luck to you, boomer2. As a side note it's better to show up, too, so they don't mark you as a no call-no show.  Then if you get told they have no info, sure you wasted your time and gas to drive, but at least you were there. 

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Going to the C&P is the only safe thing to do.

Don't be too surprised if they know nothing about it, and you later get a no show based denial.

I really hate last minute phone call C&P notifications for multiple reasons.

It sounds like a classic VA screw up to me! I got into one years ago with a "general" C&P. The VARO tried to schedule a C&P at a remote location (to me) in the middle of winter.

Georgia does not really plow two lane secondary roads very well or often, and there was snow and ice on many, making travel quite hazardous. There was no way I was going to drive about 200 miles, in that stuff.

Then, to add insult, they had scheduled a stress test, even though by VA written policy, and medical practice guides, I was not to be given one.

The end result, with an intermediate denial, (Naturally) was that Nehmer reversed the denial, with a backhanded slap at the VARO.  How the VA thinks that a C&P by a VA GP (At least it was supposedly a doctor) can have more validity than extensive treatment records by fully qualified, accredited, and licensed specialists is beyond me.  To make matters worse, the nearest VAMC that did C&Ps was about 50 miles away, and the route was over one of the interstates, with only short local travel from the interstate.

When I later went back and looked at the VA records concerning the not given C&P, it wasn't even clear as to where it was to be given. Obviously, a small part of the paper showed the distant VARO, and although I had never been there, I somehow showed up on their emailing list. The rest showed a schedule request for a C&P at the more "local" VAMC, with no indication of further action. ???

Link to comment
Share on other sites

  • 0

Well I had the C & P yesterday and was told it was a review. She was also surprised that I had not received any notification. Anyway, she asked what my current treatment was and what kind of residuals I had. I told her everything she asked for.  I did not embellish anything or add anything or leave anything out. She said I would be notified in about a month. I am sure it is a proposal to reduce as I have been at 100% for PC for almost 2 years. I am 50% without the PC and I think I'll probably be 100% TDIU (she asked if I was working, I am not). I currently have a reconsideration filed for PN as well. I'll update when I hear from them

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
    • Sparklinger earned a badge
      First Post
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use