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JaeT.21

A CP exam was just completed without my knowledge

Question

I just discovered that a C&P exam was held without me even knowing about it on August 16th. I just happened to see it in my Blue Button VA medical record download today.

I have submitted a few claims last year. One in May and another in October. The VA combined my claims and back dated them to May 2018. The estimated completion date has jumped around 4 times. In July it jumped to an estimated completion date of 9 May 2019. 

At the beginning of August it jumped to 22 May 2019.  It's still in the "Evidence gathering, review, and decision" phase.

Does anybody know why they did a C&P without notifying me?  Does anybody know what this means regarding my increase requests for the following?

- VA exam for sleep apnea (Increase) -I'm trying to service connect my sleep apnea- I submitted Statements in Support of claim dating back to 2007.

- VA exam for headaches (Increase)- I've been hospitalized twice in the past year diagnosed with hemiplegic migraines. They mimic strokes and can mess you up just like strokes. And exertional headaches.  The worst headaches ever.

I originally submitted a claim for TIA and stroke and got a 'not service connected'. Got the migraine diagnosis after they denied the claim, after the 2nd "stroke" episode. 


- 4138 and MTR for esophageal (Increase)- Not sure what this is for., but I di have a disc replacement in my neck....and my GERD is the weapon of demons.

 

 

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Not sure what you are asking. You DID attend the C&P exam didn't you? If you did, how did you get notice to attend? Or are you saying you didn't attend, and don't know what to do now? The VA can go back and ask the examiner to supplement their previous dbq to address your new claims if it is in a reasonable time period and there is reasonable expectation that your new issues were actually covered by the prior process. Foe example, if you are requesting an increase in rating for a knee and you have a current C&P exam that measured your flexability, they could use the same data for the new claim.

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No, I didn't attend because I didn't know about it. Actually my psychologist saw that a C&P was completed on the 16th when she was "pregaming" for my PTSD TODAY and she asked me about it.  I had no idea what she was talking about. So I downloaded my record and Boom, a C&P happened WITHOUT ME NOR NY NOTIFICATIONS ON August 16th.

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1 hour ago, GBArmy said:

Not sure what you are asking. You DID attend the C&P exam didn't you? If you did, how did you get notice to attend? Or are you saying you didn't attend, and don't know what to do now? The VA can go back and ask the examiner to supplement their previous dbq to address your new claims if it is in a reasonable time period and there is reasonable expectation that your new issues were actually covered by the prior process. Foe example, if you are requesting an increase in rating for a knee and you have a current C&P exam that measured your flexability, they could use the same data for the new claim.

No, I didn't attend because I didn't know about it. Actually my psychologist saw that a C&P was completed on the 16th when she was "pregaming" for my PTSD TODAY and she asked me about it.  I had no idea what she was talking about. So I downloaded my record and Boom, a C&P happened WITHOUT ME NOR NY NOTIFICATIONS ON August 16th.

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Do you have a copy of the dbq? Or just a notation in your file about it? I think it says on the top that it is a supplement or supplemental. I know it sounds wrong but the VA doesn't have to have a (new) C&P exam on a disability claim. As I said previously, they feel they have the info they need to make a decision. Note that it doesn't have to be negative to you. You can ask for a copy if she doesn't have one. Lastly, there would be no reason to notify you of a C&P if your record was already on file to compile it. If you have had many sessions it is possible they can gather enough evidence/facts to make a decision without an additional exam. I also believe that if it isn't favorable to you,  it may be more opportunities to appeal because the elements of your responses may be taken out of context. It may not be usual for most claims, but because of more opportunities to answer questions, it may be more common in PTSD?TBI disability claims.

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As GBArmy said I would not get too concerned at this point.  It may have been an exam without you present.  If it is against your claim, unfavorable, I would request a new C&P with the veteran attending.

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