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a&a claim no c&p scheduled

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andrewdc

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I submitted the VA 21 form for aid and attendance on 5/2 along with claim for ED. I had my c&p for ed 2 weeks ago and as of now no other c&p exams are pending. I submitted an a&a form completed by my neurologist and one completed by my physiatrist. Just wondering since I my doctors completed the A&A forms,  should I also expect a c&p exam? 

On a side note, I'm filing for A&A because of my memory impairment issues. My wife handles all financial matters and medication and both doctors indicated I am unable to prepare meals as I have forget to turn burners off ect.  I earlier filed a claim for same. The va examiner opined the my depression and anxiety are related to my MCI (mild cognative impairment) but was not service connected because the origin of my neurocognitive disorder was unclear. Unfortunately I submitted the claim and said I had no other evidence to provide. After my claim submission, my neurologist wrote a chart note that said it is likely my memory disorders were directly caused by my COPD and sleep apnea. I am service connected for both. So I reopened claim and submitted a copy of his letter which is currently pending review.  

 

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@andrewdc

I have filed claims in the past where the evidence in my records spoke for itself and no exam was performed. The A&A form completed by your docs may be adequate and not require an exam. It would be a good idea to be prepared just in case they schedule one.

The chart note from your neurologist linking your memory disorder to your COPD and SA may be enough to serve as a nexus. They may ask for a C&P exam for MH, depending on what your mental health records contain.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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The VA has "full authority to decide" whether or not a C and P is needed.  You may have one later, or you may have sufficient evidence already, or they may have sufficient evidence to deny.  

A and A isnt about whether or not you can manage finances.  Its more about if you have to have help with ADL's (Activities of daily living).  These are things like getting dressed, taking a bath, eating, etc, etc.  

Criteria is here, but you dont have to have all of these things, but any of these will qualify:  

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  • You require the aid of another person in order to perform personal functions required in everyday living, such as bathing, feeding, dressing, attending to the wants of nature, adjusting prosthetic devices, or protecting yourself from the hazards of your daily environment
  • You are bedridden, in that your disability or disabilities requires that you remain in bed apart from any prescribed course of convalescence or treatment
  • You are a patient in a nursing home due to mental or physical incapacity
  • Your eyesight is limited to a corrected 5/200 visual acuity or less in both eyes; or concentric contraction of the visual field to 5 degrees or less          


 

Now, if you read the regulations, it specifically states that you can have a relative give you this aid.  It does not have to be performed by someone outside of your household.  

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