VA screws me again on c@ps

[killemall]

I paid Dr bash to do 9 ime's for me.

I turned in his ime's plus good documentation from other Drs 6 months ago for 9 contentions.

A week ago I got my claim results and was denied on all 9 claims.

I never even had c@ps exams!!!!

So anyways  let Dr Bash know my results and he told me to find out exactly what the VA docs said to debunk his ime's.

While using the blue button I came across missed c@p appointments.

 

It turns out I had 6 differant c@p exams scheduled that were a part of my claim but I was never notified about any of them.

 

Im so tired of this crap.  How can you send me letters to let me know you are working on my clbut you cant call me or send a letter about pending c@p exams???

They did the same thing in 2014 to me and my friend when neither of us was notified about our exams.

Now its happenned again??????

So I went to the VA and they had me write a statement saying I want to be rescheduled for my c@p exams because they failed to notify me and SUPOSSEDLY my closed claim is now reopened with the same effective date..

Im pretty lost but this is seriously bs

I would likely have won a few of my contentions and times are pretty hard right now.

 

So frustrated 

[broncovet]

A few questions, first.

1.  Did you keep VA up to date on your current address?  If you moved and did not tell VA, the can/do send notice of a C and P exam to your last known address.  It is your responsibility to notifiy them when you move.  

2.  VA consistently denies when a Veteran misses a C and P exam.  Sometimes, you can call them and let them know you were not notified and to reschedule.  Try that first.  HOney is better than vinegar, you can always pull out the sour stuff later.  

3.  If you can not get the exams rescheduled, despite your efforts, then you need to appeal beginning with a timely filed NOD.  You can argue:

a) that you disagree with the decision as you were not notified even tho VA had your address (if thats the case) of the C and P exam.  

b) that you have provided "new and material evidence" to reopen the claim with Dr. Bash's IMO's, so an exam may well be unnecessary, but it it is, volunteer to attend a new exam.  

[killemall]

They have been sending all mail to my current adress for a year and a half. Even the mail telling me they are working on my case.

 

They just never notified me.

[broncovet]

This is a rather common VA shennanigan.

VBA does not equal VA Medical.  You need to make sure BOTH places have your new (current address).  

I have seen this happen before.  Keep remembering this when you deal with VA:

The right hand does not know what the left hand is doing. 

To repeat, you need to go to the effort to reschedule, first.  Contact your local VAMC C and P office and explain you did not get notice and ask for reschedule.  Even if that does not work, you can at least demonstrate that you were compliant.  Over and over they deny Vets who are non complaint.  You have to fill out the applicable forms.  You have to attend C and P exams.  You have to sign release forms.  You have to provide any other information they request, and it must be done timely.  Calling for a reschedule  worked for me, but I got denied anyway.  

Also know that VA is given "the presumption of regularity", but they will have to show they mailed you notice.  You can ask Alex about this, as he may recall, but the VA needs to document that they sent you a notice of c and P exam.   Dont say anything about this notice...for now.  This may come in handy if you ever have to go to CAVC.  

Is there a notice on your my healthy Vet, where appointments are listed?  Do you know the dates they said you were supposed to be there?  

If you get a reschedule exam, then you can submit that exam per 3.156 to reopen.  If you are within the one year appeal period, then resubmitted evidence goes back to the beginning of the claim.  That is, it should not hurt your effective date if you can get the exam rescheduled, and you reopen due to new and material evidence.  Its pretty hard for VA to say this wasnt new and material evidence, because the mere fact they ordered a c and p exam admits that this exam is "material" or they could have rated you without it.   

 

Edited March 22, 2016 by broncovet

[Buck52]

Did you get this documented?

''So I went to the VA and they had me write a statement saying I want to be rescheduled for my c@p exams because they failed to notify me and SUPOSSEDLY my closed claim is now reopened with the same effective date''..

If so I advise you to watch your mail box real good and just wait  maybe take some time off from your claim before it drives you nuts.

At least you will have the same EED.

I'm sorry to hear your troubles with the VA...Hey nothing New ,that's the VA For ya.

Take it easy a while.

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

 

[Andyman73]

Yep, killemall, nothing like going to an appointment that they made, to begin with, months in advance, with the letter informing you of same.  Just to be told, oh, we canceled that appointment months ago...the same week they made the appointment.  Kinda like getting denied a claim that the rater told you on the phone that they were going to grant.

 

[killemall]

Its driving me crazy...I mean I literally flew from hawaii to another state and paid nearly 10K for a Dr to write up each IME for me. On top of that I went through 12 weeks of physical therapy in order to properly document my claims and also went through several other drs apptments and xrays ect.

 

i worked my ass off and spent my hard earned coin. Actually the last of my hard earned coin..

 

And for what....For somthing this damn dumb to happen???

 

I mean what does this even mean. As far as I know my claim closed on march 9th 2016.  So now I proved that they never notified me for 5 C@P exams...

 

I mean I have the same Effective claim date but isnt it basically a comletely new claim in which this time hopefully they will notify me of exams????

 

It could easily be another 3 to 6 months from my understanding..

 

Im so freaking ma its not even funny