Statement Of Case states I failed to show for C&P examination

[Bernard]

I got a statement of case from VA today and it states that I failed to show for my C&P examination for depression disorder.

My wife took me to the examination and the doctor ask her a few questions also. I don't understand how this mistake could happen and if this something that 

is common with the VA. What must I do to prove that I did show up to the C&P examination. Thank you for any help I can get on this subject 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[Patton]

I had this happen once before. I called VES (the Contractor) and asked them to resend my DBQ to the VA. Then I called the VA, stating that I had made the appointment and that VES stated that they would resend my DBQ. The VA stated that the Contractor did not address the questions that the Rater had. Three days later my claim was reopened, so now I am waiting for a new C&P Exam. 

[Bernard]

Thanks for all of the ideas that I can prove I kept the appointment. My wife is always on her phone so I think I can prove that I kept the appointment. I will give an update.

[GBArmy]

Bernard there is excellent advise here. some innovative out-of-the-box thinking. I got to tip my hat to Geeky though; James Bond stuff. Those of us that know him realize he's not just another pretty face!

[broncovet]

Or, you can do it it the "simple" way:

Get a copy of that C and P exam (show them the SOC showing you fialed to report for exam), and send VA the exam, asking them to reopen via 38 cfr 3.156 b, reopen due to new and relevant evidence.  Explain to the doc the VA apparently lost the exam.  

Its okay if you write a letter (in with your 3.156b) explaining you did attend the exam and show proof of the exam report.  

Its more important to win your benefits, not so important to "prove" to VA you are right.  A letter demonstrating you "proved" you were right wont buy groceries for your family, while cash from benefit payments will. 

Its not all that necessary to prove VA made a mistake, they make hundreds of those.  Fixing the problem is much better than trying to prove to Va you are right.  

Sometimes, I like to be wrong so that others can be right.  "Somebody" needs to step down so that VA execs hyper inflated egos can pop on their own.  

Edited August 24, 2019 by broncovet

[GeekySquid]

3 hours ago, GBArmy said:

he's not just another pretty face!

I make Quasimodo look like George Clooney. LOL... thanks for the belly laugh

[GeekySquid]

2 hours ago, broncovet said:

Or, you can do it it the "simple" way:

in general you are correct that doing it the "simple way" would be easiest and best for us. However, you and I and every vet knows, that simple is not the VA way.

He is obviously going to appeal this, which even under your "simple" way the VA could deny. We know that happens so it is not that far fetched.

They denied me SC on a condition for over 5 years because the C&P doctor only used my first enlistment and put it in writing that she did so. The VA refused to change the status despite having their noses rubbed in their own words.

Gathering the best evidence possible and introducing it at the appeal sets a stage for any later legal action. Remember Chris Attig's advice to include a challenge to the C&P examiners credentials in EVERY NOD? his reason as stated is because if you don't challenge at the first opportunity, the NOD, you can never raise that claim in later courts.

The same applies to other evidence and challenges you might make to a VA rating.

So while the "simple" way SHOULD be the best, fastest, and most sensible, we are dealing with the VA and none of those may apply.