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Newbie trying to figures things out (c&p exams)

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Antonyeo

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I recently filed a VA claim after years of being told I needed to do so.  I have heard the horror stories and simply didn't want to bother.

1.  So I had a couple C&P exams but noticed that some of the information in the exam isn't correct.  Do I have a recourse?  What should I do?  Both of my claims are listed as deferred on ebis.  Is there a form I should fill out?

2.  I thought it was strange that the examiner gave me an option to get a MRI?  He clearly stated, "you don't have to its your choice".  Why would he say that?  If I say no would they have denied my claim.  Are they doing it as proof of injury?  If so, why give me the option?

3.  I think this is a great site...vets helping vets!

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Look at the EBenefits site, see what the status of your claim is there.  Any questions past that, call them at 800-827-1000 for more help (thats peggy)

C&P exams are typically an issue.  You can put in a statement regarding this into your case (via EBenefits site) but that is not a guarantee of anything, just a notice that will preserve your rights in appeal.  Use this form so you can upload it easier...keep your copy, and make sure it comes up in the listing for evidence that you added in the case information.

Depending on your records, the MRI might or might not help your case, it could just as well hurt your case, but refusing to participate would give them a perfect reason to deny the claim if there is no evidence in the case file (C File) documenting what they want to see, to prove service connection.  Not knowing the full particulars of your claim, its impossible to say if it helps or hurts, but it is a reasonable request for the C&P examiner to make.

 

Edited by pwrslm
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9 hours ago, Antonyeo said:

 I thought it was strange that the examiner gave me an option to get a MRI?  He clearly stated, "you don't have to its your choice".  Why would he say that?  If I say no would they have denied my claim.  Are they doing it as proof of injury?  If so, why give me the option?

GET THE MRI!!!  It's not often that they offer you an MRI in conjunction with a C&P exam.  I was offered one, by way of examiner saying "if it was me, I would do so, because it would certainly help my claim".  So I said..."Yes, please, sign me up!"

Got the MRI done, and what it showed got my back SCD rating bumped from 10 to 40%.

 

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Andyman is right.....very unusual and could be very helpful for the claim.

But 'proof of injury" depends on many other factors. Is this a TBI claim ?

If so, do you have proof in your SMRs of a TBI or proof of any inservice event that could have caused it?

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.

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