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C & P Exam for Unemployability Claim


Shawnkatt1

Question

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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Unfortunately, when you file a claim you run the chance of your other claims/disabilities being evaluated. This is because sometimes you have a rated disability that is affected by another one not yet rated, and they can then be combined, or re-rated. My MH claim was like this- I was diagnosed initially after several months of therapy, but then a different claim later resulted in it being combined with the new rating and it was raised overall. Yes, ratings can go down, too, can't not say that. But, its the nature of the beast. Ultimately, if you don't file you wont get rated for it (your husband, Im using the 'royal you' in this context). 

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Normally the VA Scheduled the C&P Exams....I never heard of them asking the Veteran to schedule it?  News to me...

Anyway he really needs to go to the exam they have schedule for him , it should not enterfer with what he is s.c. for and rated at at the present  unless this is for Increase?

I take it it is for a completely different claim? if it is then  he needs to go to the C&P Exam  this is where the examinner looks at his records of evidence on the new claim and read his medical records to see how bad his disability is and examine him also...when the Dr ask about what it is he is claiming  he needs to let the Doc (examiner) know   Never tell a examiner its not so bad in the spring and summer months....if it bothers him he needs to let the examiner know it  BOTHERS HIM ON HIS WORSE DAY  and that it always bothers him  & always in pain     the pain is constant   

if he tells the examiner it only bothers him in the winter   this is a fire sure way to be denied....Our disability's are look on as how much pain we have and how it hinders us from being employed, the letter from the Dr  and his work is good evidence to submit with this new claim...you guys may want to look up the rating criteria for what he is claiming and know what your hubby should be rating at..you can request the CFR Rating criteria for his disability the severity of it and see just what he should be rated at according to what is in his medical records and how bad his disability is   ect,,,ect,,,,

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