Jump to content
  • 0

DENYED WITH NO C/P exams


70%&sfsystem

Question

I was helping a buddy of mine veteran file claims cat outside Dr. DBQ done and filed but VA DENYED ALL CLAIMS without sending him for C/P exams he 10%  tinnitus and he was a Heavy vehicle mechanic in the army did a tour in Bosnia as well I just don’t understand how they could deny without even doing C/P exams He’s very upset and doesn’t understand I told him it’s par for the course any advice that we could do?

Link to comment
Share on other sites

5 answers to this question

Recommended Posts

  • 0
  • Moderator

Please post a redacted copy of the denial

we need to see why they denied?

what was he claiming?

be sure to black out any personal information such as name and claim # SS # ect,,ect,,

Link to comment
Share on other sites

  • 0

Hey Buck52

 Will do soon as it comes in mail he is one of the veterans that was in my eyes left at the way side he never ever went to VA YEARLY for exams or anything he filed in 2015 and  Immediately got denied again with no C/P exams told him to get back in system and do a checkup so he has done that and he has med. evidence of scare left from surgery army did and back strain etc. I’ll post soon as it comes thx

Link to comment
Share on other sites

  • 0

First, just because he was denied doesn't mean the RO is correct.

Next, Are the issue claimed in his medical records?

If they are, does he have medical documentation the issues are still present current?

Last, will the doctor write a nexus connecting the current disability with the issue listed in his medical file?

Get the information needed and file a NOD.

 

NEVER GIVE UP 

  • Like 1
Link to comment
Share on other sites

  • 0
  • Moderator
1 hour ago, 70%&sfsystem said:

I was helping a buddy of mine veteran file claims cat outside Dr. DBQ done and filed but VA DENYED ALL CLAIMS without sending him for C/P exams he 10%  tinnitus and he was a Heavy vehicle mechanic in the army did a tour in Bosnia as well I just don’t understand how they could deny without even doing C/P exams He’s very upset and doesn’t understand I told him it’s par for the course any advice that we could do?

Something isn't right. Is it possible he was set up for a C&P and he didn't go? What specifically did his decision letter say?If he was a heavy vehicle mechanic and worked mostly in the motor pool, his MOS should be one listed as likely or probable that he was exposed to outside noise and it would be a basis for tennitus. Did he also go for a hearing exam? If you are rated for hearing, even at 0%, it is more than likely you also would get the 10% for tinnitus. What was his MOS listed on his dd214?

Link to comment
Share on other sites

  • 0
  • Moderator

Ok.  Here is the deal.  The VA is NOT required to do a c and p exam.  They have discretion on whether to order one or not.  

They dont normally, for example order an exam with either of these 2 senarios:

1.  You already have all the evidence you need, so they can just award it.  

2.  You dont have the evidence, but a c and p exam wont fix it.  For example, a c and p exam wont provide an "in service event"...that would have had to come from your military records.  

      Remember, also, you have to have been diagnosed (by a doctor) with a "chronic" condtion.  You dont get paid for a sprained ankle that heals with no residuals. (an acute condtion).  

      Since you apparently have not been seeking ONGOING treatment for a condition, then you wont be getting benefits.  You can document treatment EITHER at the VA, or a private doc, but  without medical documentation, you simply get denied.  

    A single c and p exam wont establish a chronic condition, without evidence you have been treated for this on an ongoing basis.  

  You sound like you have no documentation of a chronic condition, because you have not been going to the doctor, according to your post.  

Edited by broncovet (see edit history)
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.



×
×
  • Create New...

Important Information

{terms] and Guidelines