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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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C And P exam

Question

What agencies of the VA order a C and P exam.   Does the BVA ever order one before rendering a decision?

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The BVA will order the RO to do this.  They typically will want an updated C&P exam to make the best determination.

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The RO normally orders C&P exams.  If the BVA thinks your C&P is too old they will request a new C&P in a remand.  The good news about a C&P following a remand is that once the RO has made their decision it can go back to the BVA where it will take it's place at the front of the line due to the date of filing.  You need to ask for your case to go back to the BVA though, it does not happen automatically, especially if they consider the decision favorable.

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So, in other words, the BVA does not directly order a c and p exam to help make a decision.  If the BVA wants a  c and p exam they do it by making a remand decision and send it to the RO to schedule the exam.    I would consider a remand a decision.

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The Remand is not a decision.  It is the gathering of information to make the decision.  It can really go any direction from there.  From experience it can be for the better, but for sure it give you the information you need to fight it better!

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In my initial claims, the VARO didn't request a C&P exam. I appealed to the BVA who remanded my claim back to the VARO to have a C&P exam performed.

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