Be advisied

[Richard1954]

I just tried to file a reopen claim for my right knee ( hasn't been reevaluated since 1986) I tried to do it on line.  VA Is screwing us. The are forcing  anyone using the online claim system  to file   the claim under the new system. That means that are going to make you have a docor fill out the exam paperwork for the issue, and sub,it that will all Medical evidence. They are not going to do a damn thing for us. They want us to do it all. I told you guys this new system sucks.I am going to file the old way, and force them to give me a C/P exam.  I don't trust this new system at all... they are in such a hurry that mistakes are going to be worse than ever before.

[Richard1954]

10 minutes ago, broncovet said:

Its okay if you dont agree.  However, this is the VA's policy:

https://www.benefits.va.gov/COMPENSATION/docs/claimexam-faq.pdf

They do "not" have to perform a C and P exam, there is no regulation which requires it.  The VA has discretion on whether or not to order a C and P exam, the VEteran can not force one.  

They may have discretion, but go to a VA open house that have the local congressmen and veterans organizations and see how fast they change their tune.  The is always a way around the va policies if one is willing to take them on, of course you have to pick your fights, but in this case I did and I won. 

[broncovet]

In relevant part:

Quote

Q: Is everyone scheduled for a VA claim exam? No, not everyone will be requested to attend a VA exam. After you have applied for disability compensation and/or pension, you may receive a phone call or a letter from VA or a VA partner asking you to come to a claim exam, also known as a C&P exam. If you have claimed benefits based upon several disabilities, you may be asked to report for one or more exams so each disability can be reviewed by an appropriate examiner. This is a routine request. You may be asked to go to a VA medical center or a VA partner to complete the claim exams. Not every application for a benefit will require an exam; it depends on what medical evidence has been included with the application.

and:

Quote

Q: My claim was denied without a claim exam or C&P exam. Is this a normal event? VA awards disability compensation when the claim file shows three things: 1. Current diagnosis of a disability 2. Record of an event that happened during military service that could have resulted in the disability 3. An opinion that the disability is related to military service, also called a “nexus opinion” If the first two items are clearly shown in your claim application, that’s when the C&P exam process comes in. If you did not submit enough information with your claim application to show that you have a current diagnosis of a disability or that an event occurred in military service that may have caused the disability, there is no need for VA to schedule a claim exam to get a nexus opinion to tie the two events together. Make sure you submit all relevant military and treatment records as part of your claim application.

 

[broncovet]

Its fine if you do this.  However, its been my experience that neither congress nor VSO's have any influence on VA at all.  

If they WERE to yield any influence over VA, I doubt that I would want to waste that influence by trying to force a C and P exam.  

Remember this:  

Quote

The VA selects your C and P examiner, not the VEteran.  

I will also just about guarantee the VA "knows" which examiners are "Veteran friendly" and which are not so much.  

I had a very favorable VA c and P exam, which was "absolutely critical" to the fact I was awarded 100 percent.  A less favorable exam would have resulted in less favorable benefits, or none at all.  

[Oceanbound]

50 minutes ago, broncovet said:

 

Remember this:  

I will also just about guarantee the VA "knows" which examiners are "Veteran friendly" and which are not so much.  

I had a very favorable VA c and P exam, which was "absolutely critical" to the fact I was awarded 100 percent.  A less favorable exam would have resulted in less favorable benefits, or none at all.  

They know whose who.

Unfortunately I have yet to met a "Veteran friendly" one within the VA. 

[Buck52]

My post was just a run down on reopen claims.

I am not sure what you mean by the ''under new system'' in processing of claims?

you quoted

''The are forcing  anyone using the online claim system  to file   the claim under the new system'' 

Veterans has the option to file paper claims via snail mail or file online,  its just some what faster filing claims online if the veteran has the knowledge to or has someone that can help him/her file online.

some veterans prefer filing paper via snail mail. and a lot still do.

Just my opinion  but in my experience with the VA they do not know the C&P Examiners or if their qualified to perform the C&P Exam, when they order the exam rather it be in the VA System or contracted out , they do not know the qualifications of the examiner.

Veterans need to be aware of this and ask the examiner his/her qualifications as to meet the criteria for this particular C&P exam.

claims have been denied b/c the examiner did not meet the criteria or expertise to render an opinion.

  This is all what an examiner is used for. sometimes that can be in the veterans favor  and get another exam with a different examiner.

As always a Veteran needs to have all proper evidence in his claim rather or or not a C&P exam is ordered  its the evidence (mostly medical evidence) that wins claims and presented in an easy form for the Rater to read.

in some claims a C&P Exam is not necessary when the Veteran has everything like hard evidence both medical and service records to support his claim.

C&P Exams are ordered because the rater is unsure about a medical fact and needs an expert medical opinion.

jmo

Edited May 18, 2018 by Buck52

[Buck52]

Reopened Claims

Normally, the effective date for a reopened claim is the date of receipt of claim or date entitlement arose, whichever is later.

Liberalizing Law Change

If there is a change in law or VA regulation that allows for VA to pay disability compensation, the effective date may be assigned in the following ways:

If a claim is reviewed on the initiative of VA within 1 year from the effective date of the law or VA regulation, or the request of a claimant is received within 1 year from the date of the new law or regulation, the effective date may be the date of the change in law or regulation.

If more than one year has elapsed since the change in law or regulation, an effective date of one year prior to either VA's own review or one year prior to the claimant's request for review may be assigned as the effective date.

Dependency and Indemnity Compensation

For claims based on death in service, the effective will be the first day of the month in which the death actually or was presumed to have occurred.

If the death occurred after service and the claim is received within one year of the Veteran's death, the effective date will be the first day of the month in which the Veterans died.

If the death occurred after service and the claim is received after one year of the Veteran's death, the effective date is the date of receipt of claim.

Error

If VA finds an error in a previous decision, the effective date of the new decision will be the date from which benefits would have been payable had there not been an error.

Difference of Opinion

A decision that is based on a difference of opinion will have an effective date of the original decision had it been favorable.

Increases

The earliest date as of which it is factually ascertainable that an increase in disability had occurred if claim is received within 1 year from such date, otherwise, the date the claim was received.

Source: ''Dept Of Veterans Affairs''