Ever Hear of a C&P exam you don't have to be at?

[ADodge]

So I'm wondering if anyone else has ever had a C&P exam that they do not have to be at??  I did this past Thursday!!! I found out about it because for the past week the ebenifits site has not been working right for me.  I cannot check my status or most information that is of a personal nature.  I keep getting this error code.  I reported it. Talked to a tech on the phone he took all the necessary information and said they would contact me via email.  Well that was over a week ago.  But I keep checking to see if they have fixed the problem.  But they haven't! Anyway I called again an was taking to someone at the 800 # that you would call about status.  And I happen to click into the VA appointment area.  And Holy SHIT there is an appointment that had been scheduled at 0800 Thursday!  And I knew nothing about it.  And the appointment indicates it is a C&P appointment!!???  WTF??  And what is really screwy is that I was at the VA on Thursday because I have a standing appointment on Thursdays 2 1400.  So I ask this person on the phone what they hell that is all about, considering I was never notified of the appointment and the status appears that it was CANCELED by ME???  And believe me I am really pissed at that point!!! 

SO this person explains to me that this appointment was scheduled by the VA and it was a C&P appointment but the type that I don't need to attend.  I said REALLY?  And can you tell me exactly how they perform an exam without the patient being present??  And this person tells me they use the records they have from the VA???  I told him that was going to be the shortest exam in VA history considering I only go to one area of the VA for a class which wouldn't help in any way with my current claims, so honestly EXACTLY WHAT INFORMATION and who is giving this MEDICAL information that supposedly has anything to do with me and any of the claims I have open at this time?   This person said they didn't know and that these exams are a normal part of all claims????

 

WELL I don't know about anyone else on this site.  But I certainly find that rather STRANGE that a Veteran can have a C&P exam done with out being physically present???  I also want to know EXACTLY the who, what, when and where of any medical information that was obtained Thursday morning and EXACTLY how it is to be used as far as any open claim I have at this time with the VA?  

[ADodge]

Someone will have to let me know if that doc opens or did I not upload it right???

 

[jfrei]

Sorry if someone already explained this but its means the doctors are reviewing your files to give their opinion.

Edited July 8, 2016 by jfrei

[Vync]

Hey ADodge,
Congratulations on winning 60%! At least you got the SC part out of the way.

I was able to open your attached PDF document with no problem.

It looks like you are interested in going back to seek an earlier effective date. I am in the same boat as you are.

Back before the VCAA of 2000, the VA often took the position that you had to get everything done on your own and then send it in. I had several C&P exams in the 90's that were almost all denials because the VA examiners failed and often were anti-veteran in their decisions, despite evidence.

Check the C&P exam findings from 1985. See if you were diagnosed with "asthma" or "allergic asthma". If you only had a diagnosis of "bronchial asthma", then you might fare better than a diagnosis of "allergic asthma".

Also, check the credentials of type of examiner back in 1985. If it is a nurse practitioner or a physicians assistanct, then you might have better luck than if it was an MD or a specialist MD.

Dig through any of your medical treatment records you have from 1985 through Sep 2014. Look for any instance where an MD might have stated your asthma was due to active duty. Subjective things like "patient said his asthma began in the military" would not help. They have to be in the objective section, which means it is his opinion, not yours. Also, look in your service treatment records. Look for any indications that you might have been exposed to something or a record stating something like "initial diagnosis of asthma was on XX date". If they state initial, then that might help convince someone that you never had it before going on active duty.

Lastly, keep in mind that a 60% rating does not mean you will keep it indefinitely. Check your award letter to see if they mention it being temporary or if a future exam is expected. The VA is famous for bringing asthma patients back in after about a year for a recheck.

 

[ADodge]

They won't be calling me back in.  I have over 30 years worth of records that show my Asthma has always only gotten worse.  In fact the VA doctor that just recently reviewed my file in this unattended C&P exam states that with the medical history presented over the years it appears that I may have something other than Asthma.  But that as far as the claim goes Asthma will suffice as the diagnosis of record!   What is confusing to me is the term NEXUS!!!  From the way it has been explain to me there is clearly a NEXUS for the ASTHMA.  

The DAV rep said that the DRO person cannot make the decision to grant the NOD and that the case must be filed as an appeal now.  SO is that true?  Is this claim to complicated to be decided on a local level by the DRO???  It seems to me that the only thing that makes this case complicated it the amount of time involved.  SO what this means to me is that sure the DRO believes there was an error back in 1984 when I was initially denied the claim for service related Asthma, but because that would involve a really LARGE sum of retroactive money the DRO cannot officially say "Yes the VA was wrong in 1984 and you should have been approved".   That there must be a monetary level that DRO's are allowed to approve and anything over a certain amount must be SOC and moved on to an Appeal.  

Now if this is the case that really is WRONG and it really is no wonder why there is a 6 to 8 year back log of Appeals.   It really shouldn't be money that is the deciding factor in any claim made by a Veteran.  It should be the rules and the law.  Isn't that what is always stated  to every Veteran when their appeal is turned down.  Oh I'm sorry but by law you didn't do such and such and so we will not approve this.   

What I am being told and from what I am reading the facts are all there.  It is very obvious that the VA was wrong when it denied my claim in 1984.  And even though I didn't file an appeal back then.  I also wasn't represented as I was suppose to be.  The 22-23 form I filled out more than likely was never forwarded to the DAV back in 1984.  The law has been changed since then!!!  That matters greatly too!!! The fact that the Asthma was from being in the service and I received treatment for it while active duty and then after being active duty, every single day after discharge and there is significant proof that the treatment continued and the illness has gotten worse as every year passed.   So I have to wait for someone until someone whose job ranks them high enough to approve a claim that has such a high retro active amount tied to it???    Gee does that happen when there is a Democrat president in office or a Republican and what does the unemployment rate have to look like and the GNP for that matter???   

I have a feeling I need to know those things, whereas knowing that info might give me an insight into if my claim might be approved or not!!!!  

(Just kidding!!!  LMFAO)