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Remand for bad C&P exam.

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kent101

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kent101

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I just got a remand on my appeal for a bad C&P exam. They said the examiner didn't review my service records. Does this mean the VA is going to reschedule me for a C&P exam and how long do you think this may take them? Also, do you think the VA will be trying to do C&P exam for other disabilities that have nothing to do with my appeal?

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Gastone Grand Master

Gastone

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It would help if you could redact the Remand Decision discussing the BVA reasoning for the Remand and expressly what is being addressed by the New C & P.

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kent101 Collaborator

kent101

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12 hours ago, Gastone said:

It would help if you could redact the Remand Decision discussing the BVA reasoning for the Remand and expressly what is being addressed by the New C & P.

The BVA said my medical record where it states I had a disability wasn't taken into account during my initial C&P exam. Then it says the BVA needs another C&P exam that takes that medical record into account and needs to know if it was more likely than not my disability was made worse or happened in service. How long you think it'll take for the local VA to set up the exam and do you think they'll set me up for C&P exams for things not requested by the BVA?

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broncovet Grand Master

broncovet

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Its unlikely they will request a c and p exam on other issues, unless you have applied for benefits on those, too.  

We have no idea how long VA will take to do anything.   However,  we have posted "remand factor" before if you want an average.  YOu have to look up the BVA chairmans report.  Its probably 500 days, if I recall.  Read it for yourself, if you like:

https://www.bva.va.gov/Chairman_Annual_Rpts.asp

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Buck52 Grand Master

Buck52

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It could be they sent the remand because the examiner never read your records  so this C&P would be Inadequate! 

The C&P Examiner is Required to read your records during a C&P Exam

So BVA remands its back to your R.O. ...Your R.O. should send you to another C&P  on this claim.

How long will it take? depends on how logged up your R.O. is and how they handle this remand or responds to this BVA  Remand .

You  Just have to wait and see like most Veterans...We can;t say how long?   B/C no one knows that.

Just remember to read your decision very carefully and check your EED. when you do get a final decision.

Actually its in your favor the BVA Caught this.

just my opinion.

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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Gastone Grand Master

Gastone

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It would be very helpful if you could post the Redacted  BVA Remand/Award/Denial Decision, not inferring that you have missed mentioning anything.

What BVA Appeals Issues have been Awarded or Denied?

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MrPain7 Enthusiast

MrPain7

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Kent101:  I had basically the same situation  the original C&P was April, 2015  the next one wasn;t done until March 2018.....and i'm still waiting for my claim to be completed.....GooD Luck yours might be quicker...

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