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C & P Exam for Unemployability Claim
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Shawnkatt1
Recently (a couple of months ago) my husband applied for Unemployability.
Last week he received a phone call from Compensation-Pension Unit at our local VA Hopsital asking him to schedule a C&P Exam for the disabilities he claimed on the Unemployability application (Fibro, and Raynauds).
He expressed hesitation in scheduling it just because he had such a horrible experience with getting his initial claim for disability approved for many reasons.
But the most glaring was that his C&P examiner stated in his initial exam for disability that my husband’s disabilities were more likely than not, a result of his service during the Gulf War. Yet this was missed on his C&P report several times by his DRO.
So, he’s really skeptical about another C&P for this claim. Like many of you, he went through so much to get his disability award.
He expressed a little hesitation to the person calling to schedule this appointment, and asked if he could call them back to schedule - just so he could find out some more info.
The scheduler said “if you don’t schedule now, it’s basically like youre refusing the appointment and that could result in the denial of your claim.” So, he’s scheduled for April 18th.
His worry is that the examiner might find in such a way that his original disability award (which he just started receiving about 9 months ago) could be lowered.
His Fibro and Raynauds is MUCH worse during fall and winter than it is in Spring and Summer. So, he’s not sure how they will word their questions etc.
Is it possible that this examiner could find in such a way that it would not only impact the current application for unemployability, but also potentially lower his disability benefits if she happens to find differently than the original examiner?
Even though he qualifies for the unemployability, and has a letter from his PCP stating the he cannot return to work due to his disabilities, AND the employer form, he doesn’t want to take the risk of another C&P if it’s possible he could end up with lowered benefits.
Has anyone heard of, or had benefits lowered as a result of a C&P for a different claim?
Any tips on what to expect at this C&P?
Thank you all very much!
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