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diagnose to deny

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pointer123

Question

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?

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  • HadIt.com Elder

Just keep your eye on this date   POINTER 123 quoted

''I filed a claim back on 9 Jan 2018 which included a request for an increase in my audio rating''

After you go to this next C&P  get a copy of it and read what the examiner mentions in his/her report ? ASAP

also check this examiner credentials....if you are approved for the 50%  they should back date it to when you first applied for the increase on your hearing..assuming your hearing loss is S.C.?

Also if they never considered your evidence   then that can be filed as CUE.

like GB ARMY  mention don't miss this exam what ever you do   .

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