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VA Rating for Anxiety without a C/P Exam?

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lmoore1436

Question

I applied for disability (Anxiety, ankle, gastrointestinal issues) on January 16, 2015. Just last week the status changed to pending decision approval and I was wondering if there are any reasons that I wouldn't have been given a C/P exam? I went to the doctor three or four times for the anxiety when I was in the service, and they prescribed medication that I was taking everyday for it. I'm curious if that would have been sufficient documentation, or if they are just denying it altogether? I was just discharged in August, so the appointments in my Active Duty Medical Record are relatively recent. 

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  • Content Curator/HadIt.com Elder

Welcome to Hadit!

Recent medical records (less than six or twelve months old) could be the reason, especially since you most likely had an exit exam. I personally have had ratings granted without a C&P due to recent medical records.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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  • HadIt.com Elder

Vync

Did you file a claim? or if not did the VA automatically  defer it to the rater? without a C&P.  without your knowledge?

reason I ask a few months ago one of hadit elders got called in for a C&P   Just because she was in the VA Hospital for an over night stay for test being done...the VA defered her to the RO and RO sent her a C&P letter...She never had a claim in or ask for increase or anything  just out of the Blue she got a letter from her RO about the C&P...She wrote the Sec of the VA and they canceled it...but some veterans may not be so lucky.

just wondering

.....................Buck

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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  • Content Curator/HadIt.com Elder

Buck, I did file a claim, but my medical exam was just a couple of months prior and covered all the bases.

lmoore, Good luck on your claim!

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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my first va rating was based on my recently discharged navy medical records. so they didn't order a c&p exam. just gave me 10 percent. the same the navy did when granting me  medical discharge.

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  • HadIt.com Elder

OIC  

Yes I agree with Vync, your recent discharge is the reason you don't need a C&P....If they read all your in-service records.

However until the decision comes in  you won't know, but they will give a reason and bases for there decision  

 

http://www.ecfr.gov/cgi-bin/text-idx?SID=f8eb901fc36d2856057163e1aafd414e&node=se38.1.4_1130&rgn=div8

 

its probably due to your recent records....Let us know what happen.

Good Luck

 

.................................Buck

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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