questions

[jhilly]

I won my CUE but the VA gave me 0% from 2004 - 2009, then 10% 2009 to current.

Is there a CFR that the VA must provide complete medical exams during C & P's...I got the 0% because the VA said I did not have xrays. I think they should have provided xrays during the C & P...I had to pay for my own xrays in 2009...I won the CUE because the VA said in there 2004 decision, in their Statement of Case that I failed to go to that C & P....I provided a copy of that C & P where I was diagnosed with several disabilities;

High blood pressure

Chronic low back strain

Chronic left knee strain

flat feet

tinnities (VA granted this CUE back to 2004 at 10% which is fair in my mind)

 

Also, what is the law of the percentage for blood pressure? 1st C & P said 170/110 left arm, then 166/110 right arm: but only two readings and I think they should taken three...second C & P said 160/100 three times on the same arm...BVA service connected me with a diastolic of 100...VA service connected me at 10%.

 

[GBArmy]

The award of 10% for b/p sounds right (diagnostic code 7101, I think), where you were 100 for the second number. I know the VA has special rules on which readings they use; kinda hard to beat the guy who holds all the cards you know. The most significant factor is now you are covered for hypertension; and it covers a lot of health problems, including stroke. Remember, if you should pass from a s-c condition and it is on your death certificate, your spouse can get a DIC pension of $1300+ a month. Your new s-c disability just provides additional "insurance" for your wife. Congrats!

[jhilly]

thank you GBArmy...

[broncovet]

No.  There is no CFR that says you have to have a C and P exam, and, further, if you do have one its up to the discretion of the examiner as to what tests (including xrays) to order.  

This said, you can challenge the adequacy of a c and p exam.  Absent your challenge, however, the exam is presumed "good".  More here:

https://www.attigsteel.com/legal-updates/va-cp-exam/

[Buck52]

just my 2 cents

If you've filed a claim with the U.S. Department of Veterans Affairs (VA) for disability compensation or pension benefits, VA may ask you to go to an examination as part of the claim process. ... This is known as a VA claim exam or a compensation & pension (C&P) exam.

[jhilly]

thx all.....I can swear that I read a law that says the VA has a duty to provide complete medical exams for claims but maybe I am wrong. I am thankful for all of you who responded, I will keep you posted on my results.

[Buck52]

As for as I know we all have to have a C&P Exam.

the only time a veteran don't need a C&P Exam  is he has all the evidence of record and the evidence is concrete evidence  meaning its the best evidence to prove your claim without any doubt what so ever.

then usually they approve the claim and set a rating.