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Individual employability and the c&p exam


Kim Rice

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On September 2018, I filed a claim for PTSD and was awarded 70 percent. I have been unable to work since September 2105 and thus filed an IU cla shortly after receiving 70 percent for PTSD. I had a C&P psych exam in October and have been scheduled for another C&P psych exam this month. My question is, why wasn't the psych exam used from October as it was less than six months ago.

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The short answer:  We dont know.

An exam for PTSD is not the same as an exam for TDIU.  Importantly, the TDIU exam needs a statement that you are unable to work due to sc conditions.  If the previous exam stated that, then maybe you have a legitimate gripe.  

However, many things can be missing from a c and p exam.  The examiner needs to give a medical rationale as to why he made said opinion.  

If you have ordered your cfile and there is evidence that your PTSD renders you unable to maintain SGE, then a c and p exam should be unnecessary and VA is "developing to deny", which they are not supposed to do.  

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On 3/15/2019 at 12:57 PM, broncovet said:

The short answer:  We dont know.

An exam for PTSD is not the same as an exam for TDIU.  Importantly, the TDIU exam needs a statement that you are unable to work due to sc conditions.  If the previous exam stated that, then maybe you have a legitimate gripe.  

However, many things can be missing from a c and p exam.  The examiner needs to give a medical rationale as to why he made said opinion.  

If you have ordered your cfile and there is evidence that your PTSD renders you unable to maintain SGE, then a c and p exam should be unnecessary and VA is "developing to deny", which they are not supposed to do.  

OK.  Thats it.  I should obtain a copy of my cfile.  I don't have that.  I was actually looking for paperwork from my Oct psych C&P and it is not located in my medical records. I contacted the contracted Dr. and was told they do not keep them on file.  I will  see about getting this cfile.  Thanks for your help

 

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