diagnose to deny

[pointer123]

I filed a claim back on 9 Jan 2018 which included a request for an increase in my audio rating.  The VA sent me for a C&P at a VA Hospital which was a joke and continued my 0% rating.  Errors were identified in the claim and an EP 930 claim was created to redo the entire claim.  I went to a VES audio exam on 13 August 2018 as part of the EP 930 redo.  The exam came back with a rating of 50% for hearing loss.  The EP 930 claim sat for almost a year and now the VA wants to schedule me for the same exam again.  It appears they did not like the results of the VES exam.  Is this "diagnosing to deny"?  Do I have any options?

[kanewnut]

3 hours ago, pointer123 said:

an EP 930 claim was created to redo the entire claim.

Is EP 930 printed on your letter? I haven't heard of this. 

[broncovet]

Ok, so did you receive a VARO decision for hearing loss at 50 percent?  Or, are you guessing that is what your rating (would) or could be?  

Now, if you received a decision, a new c and p exam could be to increase, or possibly reduce. 

If you have not yet gotten a decision, then you need to wait for the envelope.  

[broncovet]

"Diagnosing to deny" would not seem to apply here, because you indicated you ARE service connected..the issue is at what percent.  

I think you mean "developing to deny" not diagnosing to deny.  

 

[ShrekTheTank]

Sounds like they are just low balling you!

[pointer123]

I agree it is "developing to deny".  This is a "redo" of the same C&P audio test that the VA conducted earlier for the same claim on 13 August, 2019.  The August 2019  audio test results ( I got a copy of the VES exam) reflect 50% based on word recognition calculation.  Now they want to conduct the exact same audio test again.  I was rated 0% for hearing and 10% for tinnitus when I retired in 1997.  Hearing got worse so I filed for the increase on 9 Jan 2018.

[GBArmy]

Doesn't sound good I admit. But I believe your best course of action is to go to the next C&P; you must not miss it. I would specifically ask the examiner why you have to re-take the exam again and make a note of his response. Bring a copy of the last exam and ask him if he has seen it. Make a note on that response as well. Make sure that you ask him if it isn't for a re-exam of your tinnitus as well. You don't want to get blind sided later on them trying to take that away too. (I don't think the VA would do that, but why not ask?) Then you wait for the BBE. If it is negative, then you have a basis for appeal. Just got to wit for now.