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.

[broncovet]

You can not "force" a C and P exam UNLESS so ordered by the BVA.  The VA has a policy to not use a C and P exam "unless necessary".  A C and P exam is likely not necessary if any one or more of the following exist:

1.  There is already evidence in the file.   Remember "evidence" is evidence, there is nothing special about a C and P exam except that, sometimes the VA will request the doctor supply some specific answers to questions.  In the case of an increase, you need documentation that your symptoms have gotten worse.  

2. That a C and P exam wont change everything.  For example, a C and P exam is unnecessary if you do not have an "in service event"...this would have had to have happened "in service" and a C and P exam wont fix that problem.  

     Its true that a new exam "may" be good for you, if the exam documents worsened symptoms.  However, you could do the same by simply making an appointment and telling your VA doc how your symptoms have worsened since 1986.  

[Richard1954]

41 minutes ago, Buck52 said:

Reopened Claims

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

 

Can't figure out what all that had to do with my initial post.  Which concerns the VA requiring all claims to be submitted under the New expedited claim process. That wasn't supposed to go into effect until Next year. Now we have no choice, now we have to seek out an examination using va exam form before we can submit claim. Now looks like va will not do any c/p exam in person. Now it looks like you must submit all the medical evidence with the claim ( my understanding they aren't going to get medical records)  So now you see how they call it an expedited claims system. They do nothing but review the claim and make a decision. I see a lot of appeals. Garbage in Garbage out... If you don't have a veterans service officer you may be forced to get one.... I am stubborn, I do all my claims myself.....Anyway I feel a lot of shafting comping to pass.

[Richard1954]

31 minutes ago, broncovet said:

You can not "force" a C and P exam UNLESS so ordered by the BVA.  The VA has a policy to not use a C and P exam "unless necessary".  A C and P exam is likely not necessary if any one or more of the following exist:

1.  There is already evidence in the file.   Remember "evidence" is evidence, there is nothing special about a C and P exam except that, sometimes the VA will request the doctor supply some specific answers to questions.  In the case of an increase, you need documentation that your symptoms have gotten worse.  

2. That a C and P exam wont change everything.  For example, a C and P exam is unnecessary if you do not have an "in service event"...this would have had to have happened "in service" and a C and P exam wont fix that problem.  

     Its true that a new exam "may" be good for you, if the exam documents worsened symptoms.  However, you could do the same by simply making an appointment and telling your VA doc how your symptoms have worsened since 1986.  

I can' t help but disagree. I have forced c/p exam just last year.  I had opened  2 new claims and reopened 3 claims in the last year. Most  of the Medical evidence was based on VA Medical records,  and I still had C/P's even when two  C/P exams were claimed to have been done over the phone. I raised hell, and they ended up doing an actual physical C/P exam.  Most veterans won't have an examination in va records or any other medical record that qualifies for a VA Exam unless they are actually done on the VA Form... That is one reason c/p exam are done, another reason to request a c/p doctors opinion. And trust me I know an c/p exam done in person makes a lot of different than the review of the record especially, when the va only reviews the va medial file like in my case for TBI and then denied claim, until I raised hell,  and went to  a new C/P e exam with all the information that had been submitted with the claim.....that did not come from va records. My TBI was in service, and had been ignored by the va for over 31 years(even though in was in the medical file)  because it wasn't called a TBI in 1986 it was called a concussion. I did my research when the newer veterans started getting TBI claims and found TBI was the new name for concussion. In fact in 1986 VA did not have a rating for Concussion or TBI go figure... Just Like sleep apnea, ( which I just got awarded last year, base on active duty and private medical records). in 1986 they did not even have the name sleep apnea. So you see a C/P can make a big difference if it is done right and the doctor is willing to ask questions and listen during the examination. And yes you can force them to do a a physical C/P exam. TRhe ACE exam procedures will screw a veteran up badly. 

[broncovet]

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.  

[Buck52]

Here is what Attorney Chris Attig mention about the C&P Exams. 

Check out the whole Link.

https://www.veteranslawblog.org/va-compensation-exam/

[broncovet]

Ocean posted:

Quote

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

Altho, I dont doubt the sincerity of your statement, I have not met anyone from Argentina either, but that does not mean That people from Argentina dont exist.  

Instead, I think there are many Veteran friendly doctors, who sincerely want to do what is best for their patients.  I have at least one such doctor, probably several.  

If you do not think your VA physician is acting in your best interests, you can change them.  I did just that, about 8 years ago.  My doc and I did not see eye to eye, and I put in a request to change my physician.  At my VA, these request forms and a drop box are right near the prime care area.  

About 2 weeks later, I got a call from that doc.  She asked why I was asking for a change.  I explained some incidents where I did not think she was thorough, and did not act in my best interest. (specific examples).  She promised not to do that anymore, and asked that she remain my physician.  I agreed, but let her know I would not be convinced again..after that, I got every thing I asked her for without hesitation.  

My opinion is that she was foreign, and would be sent back to India if she lost her work visa and she may have been on probation at the VA.  That is just a guess.  

The bottom line is you dont have to consent to be treated by someone that you think provides inferior care.