C&P Exam

[ADAMS]

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

[paulstrgn]

What Buck and vetquest says make sense, why didn't the VSO print it out for you? I do not have a VSO and was not aware that they could print from it, but it does makes sense that they can.

 

[paulstrgn]

I know it is a hard battle to win a SA claim, it took me four years to get my SA approved, but I finally got it approved by the BVA.

[GBArmy]

My VSO has done the same for me on copying things showing up on VBMS. So, to continue to beat a dead horse, you have a copy of both C&P exams from your VSO. Especially important is the first one that said you were in fact disabled ( "at least as likely as not.")? Correct? I'm not a "CUE" guy, but if they  actually deny and you have that proof, someone who knows what they are talking about here on Hadit can confirm that it would undoubtedly a CUE claim.

[GeekySquid]

1 hour ago, paulstrgn said:

why didn't the VSO print it out for you?

VSO's generally don't have the network permission to "print" stuff in the VBMS. Even the ones in the VARO office have to get VA employees to "print" docs for them.

[GeekySquid]

8 minutes ago, GBArmy said:

if they  actually deny and you have that proof, someone who knows what they are talking about here on Hadit can confirm that it would undoubtedly a CUE claim.

A cue could work but this includes a complication that filing a NOD may be of better future benefit.

They may want to do both in fact.

Assuming the facts are as presented, the VA has done a couple things that are major Bozo No-No's

They are actively trying to develop a denial of his claim and they are harming federal records. There is a Hipaa angle too. these have to be filed at higher courts but they have to be raised at the earliest possible time for the upper courts to accept them. It is a legal process thing. preserving the right to make a claim.

It is the same type thing as challenging a Dr.s credentials. You have to include that specific challenge in the NOD so that later, if you have to go up the food chain to the CAVC, Court of Appeals, SCOTUS, they can accept that contention.

[Buck52]

1 hour ago, GeekySquid said:

VSO's generally don't have the network permission to "print" stuff in the VBMS. Even the ones in the VARO office have to get VA employees to "print" docs for them.

 If the medical report is in the VBMS I'm not 100% sure but if a VSO is certified/Accredited VSO or Claims Agent and has passed the  Exam   and is accepted into the courts  that gives them net-work permission.

However I don't have the regs on this?

  but in the prerequisites for training manual to be a VSO  it says they can help a veteran with medical documents ..>see below.

What does an accredited representative or a VSO do?

Accredited representatives and VSOs can help you understand and apply for VA benefits, like:

Financial support (monthly payments) claims

Education

Vocational Rehabilitation & Employment (VR&E)

Home loans

Life insurance

Pension

Health care

Burial benefits

These trained professionals can also:

Help you gather supporting documents (like a doctor’s report or medical test results)

File a claim or appeal on your behalf

Provide added support, like helping with transportation to medical appointments or emergency funds

Note: Veterans Service Officers work for Veterans Service Organizations (both are called VSOs), as well as for local government offices.

What does it cost to use an accredited representative or a VSO?

In general, no individual or organization may charge you a fee to help you file your initial application for benefits. But they may charge you for unusual expenses. It’s only after we’ve made a decision about your original claim that VA-accredited claims agents and attorneys may charge for their services. Make sure you ask up front what, if any, fees you’ll be charged. If you believe a claims agent or attorney charged a fee that’s too high, you can challenge it. 
 

Edited September 10, 2019 by Buck52