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Why Did VA Request An Independent Medical Exam When We've Already Had One?

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proudmarinevetwifey

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My husband( a Marine combat vet - infantry) received a call today that the VA is scheduling him an Independent Medical Exam. He is currently rated at 40% (Dec 2013) for back, knees, hip - service connected. When he only won 40% we appealed the decision and hired a lawyer. The lawyer immediately sent us to a specialist for my husband's specific disabilities which also cost us a small fortune, for an Independent medical exam. We found out after a battery of tests that my husband's condition was much worse than the VA's lousy exam expressed(big surprise there huh?). Our lawyer wrote up his case including this well documented evidence from our Independent Medical exam and documentation showing my husband's in service medical reports. First we had a de novo review with the help of our congressman where they didn't even read any of the paperwork because they didn't even put the right hip or knee on the report and basically said your exam doesn't mean squat and ours which didn't even include a specialist or the correct testing means more. So we are now waiting for a DRO review since November 2015.

Questions: 1. Why do they want one of their hired "independent" companies to do yet another exam on my husband? It is to try and weasel out of giving him the disability he deserves?

                   2. Now I am so worried by the VA's actions that I'm concerned they will try and take his 40% away from him as well and this appointment for the Independent medical exam will do that. Is that a possibility?

                   3. Does the fact they are setting up an appointment for this Independent Medical exam mean we are getting close to his DRO hearing?

The VA worries me to no end. I would appreciate any info or experience y'all have.

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As usual, you have gotten good advice.  You wont have to pay for an exam that VA orders.  

1.  You need to get a copy of the exam, and see what the doc says, not just go on whether you like the doc or what he said.  You could be pleasantly suprised.  I have been on my C and P exams, mostly.  

2.  For the VA to reduce you, they have to go through a specific procedure, that includes sending you a letter and giving you 60 days to request a hearing, if they do a proposed reduction.  Make sure the VA has your correct address so you get any letters from them.  Not just VA medical, but VA benefits, too.  

3.  Unless the exam is erroneous, wait.  If the exam contains errors, you can ask the doc to amend it and correct errors.  

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Welcome aboard and sorry to hear of your issues. As given above already, not uncommon at all to have these re do exams. I have had multiple claims with DBQs, yet the VA always requests exams for me. I have yet to have a claim, where one was not ordered. I just had 2 exams over the last few weeks for PTSD increase and A&A, both were brutal and thru the VES civilian side. Same as any exam, just go in there be honest, and nothing, I mean nothing slaps the VA in the face harder the Hard Medical Evidence such as MRIs, Scans, X rays etc. I have alot of Physical issues, and all been granted due to MRIs and X rays. GOod luck and keep us posted. God Bless

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I have no proof of independent, but from my experience, these doctors are totally biased against the vet...

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