C&P Exam 2nd

[indianstryker]

I just received a call today from VES in Houston scheduling some exams. I moved my appeal over to the RAMP program. I am just curious why they would not use the exam data that they have on file from my initial visit. Why would they need me to come back for a second visit. I was denied previously, not because the issues did not exist, but because they said that they were not service connected. I submitted a Nexus letter from a physician stating that the conditions were most definitely caused from my time in service to be put in the appeal record. I am just curious what y'alls thoughts are on them scheduling this second exam?

[vetquest]

I do not know why they have scheduled you for a second exam.  They should not be trying to find you not service connected after you provide a physicians letter showing a nexus.  In my understanding they cannot provide negative evidence to refute another physician's decision.  In a situation where there is positive and negative evidence the tie is supposed to go to the veteran's favor.  My advice is to go to the C&P exam and be of the attitude that the doctor is there to help you and be very cooperative.  Sometimes this is not the case but we never want to miss a C&P and we always hope for the best.  I would be sure to bring the nexus letter from your physician to the exam and any other pertinent evidence.  I have found that the doctors appreciate this generally.  I have had some real jerks for C&P examiners but I always try to be helpful and considerate.

[63Charlie]

The VA is well-known to cherry pick the unfavorable evidence, completely ignore the favorable evidence, and render a claims denial based upon the unfavorable evidence only.

You have to fight for your benefits.

I'd advise an attorney because things WILL get complicated with the VA.

[john999]

The main thing is to file your NOD on time.  You have time to think over your strategy after than and you must file the NOD before you can get a lawyer if that rule is still in force. If you can win your claim at the VARO you are better off and much quicker.

[63Charlie]

Once a claim is denied, a veteran is entitled to have legal representation to prosecute an appeal.

I have had attorneys file Notice of Disagreement for me once I have a contract with them for legal representation