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C&P Exam

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ADAMS

Question

So I had recently received a C&P For Sleep apnea, Doctor favored me in other words, was at least likely as not 50% greater probability that the disability was incurred during service,. now 3 weeks later it was sent back out for a correction on something the doctor didn't fill out correctly, but magically it wasn't sent to the doctor that initially completed my exam it was sent to someone 5 states away whom never met me or knows nothing about me, anyways she changed the exam to a negative meaning she said was less likely than not, i find this as being a integrity issue with the VA, when it should have gone back to the same examiner. Any Comments???? Claim denied 3 days later.   SHADY

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2 hours ago, ADAMS said:

Doctor favored me in other words, was at least likely as not 50% greater probability that the disability was incurred during service,

If I am understanding correcting you were able to get a picture through your VSO of the above statement? Did you get pictures of the entire DBQ that was completed by your first doctor? Is it possible that the first doctor completed the DBQ in a negative way and simply just marked the incorrect box? Were you diagnosed previously with SA? If so what this a non-VA doctor? If so I would go back and ask for a DBQ/IMO indicating that it is at least likely as not service related. 

If the first doctor marked the DBQ in your favor then they need to grant you SA. 

Do you have a copy of the modified/new DBQ where they said you were not service connected? 

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  • HadIt.com Elder

Question?

If your VSO Brought this exam report up on his computer screen via VBMS Why not just make a copy? and not  take pics?

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I agree with Buck, they cannot develop to deny and if you can get copies of the two exams I would do so and then inform the VA you are protesting your denial.  If they do not correct it immediately file a supplemental claim and the two documents as evidence.

Please see:

https://www.veteransdisabilityinfo.com/blog.php?article=when-va-schedules-unnecessary-cp-exams_266 

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