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Does C&P exam mean the VA is leaning towards a favorable answer


Chris Barnes
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This is my third time applying for disability for major back disability.  I am disabled by SSN for back issues that started in the Gulf War.  I was rejected twice from VA (they said no proof it was service related).  I finally at the local VA found records that do show several sick calls and physical therapy done back then.  
 

This last time I put in for disability, they made me do a C&P exam.  I am now waiting on my letter.  Since they did a C&P this time, does that mean I will probably get a favorable decision?

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Welcome and I am sorry to hear you are having a difficult time dealing with the VA.  

I am also a gulf war vet and it took a bunch of years to get them to SC most of my disabilities.  Have you checked all presumptive conditions?  

That is great news your found your records and it is much more positive you have the link to an in service event so they can now say it is linked to time in service.  Now what the VA does with you claim is all up to the person rating it and what they find.  Most of the time they will lowball you the first time!  Or like me all but one they have lowballed me on, so prepare yourself for a fight as they will not give up!

Great news is you have found a place where you can find tons of help to get you across the finish line.  

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Sherktank1 has good advice

. but this time with your medical records and Dr's Notes   you still may need a Dr to nexus this to your military service as like ''is as likely as not related to or caused by your military service '' by reading your SMR's

What I would recommend= you look up the rating criteria for your condition just incase they do service connect them and give you a rating......if you know the rating criteria that best fit your condition apply that rating# 

They have CFR Regulations to these ratings  and if you know them and they match up best with your conditions  once they service connect them   be sure and apply these criteria ratings  that best fit your condition and cite the regulations back to them.

..you also can write on your claim  that you would expect to be rated to the highest level your service connected conditions warrant  to the highest degree of the Law..but even then sometimes that don't work  but the criteria for your rating condition works the best.

And be sure they use the correct effective date back to when your first applied for these claims.

UNFORTUANTELY A high percentage of veterans that don't know to do this gets a lowball rating and end up in appeals for years to come.

Edited by Buck52
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Short answer, due to the new evidence that you have located, VA is more likely to grant your claim, don't quote me but more likely. If VA grants your claim, pay close attention to your effective date.

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1 hour ago, Chris Barnes said:

Since they did a C&P this time, does that mean I will probably get a favorable decision?

Hopefully for you it will. For me I have had multiple C&P's and am still fighting. Don't give up.

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The fact that this time an exam was ordered could be a positive sign. If they saw no in service event that caused a back injury the no exams would be warranted. The fact that didn’t have or bother to look for back issues in your file is a travesty. 

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In my claims case C&P exams have created obstacles toward a favorable decision. Since 2006 when I filed my first claim C&P exams have been less than favorable; I have been examined numerous times and every exam has led to a claim denial. In the VA's SSOC letters stating reasons for denial their diagnosis to my service connected injuries have been quite the opposite to the orthopedic Nexus and support statements which clearly and accurately describe the severity of my condition. I have had three reconstructive foot surgeries (left and right feet) which have left me with severe and limited range of motion, severe chronic pain due to the joint fusion of various joints, the neuralgia/neuropraxia pain from the multiple incisions, and the hardware implanted (screws, plates and rods). I recently had an additional C&P exam, again, it was inadequate, it just involved a quick visual observation and manipulation of my feet, this has been the routine for the dozen or more exams I have had at the VA hospital.

There were three exams in which the examiner mentioned it would only be a question and answer exam, then months later I receive the SSOC letter indicating a pseudo diagnosis and denial of claim. I have submitted surgery reports, x-rays, ct-scans, MRI scans, nexus letter and additional support statements from my orthopedic surgeons; statements which illustrate the erroneous and less than accurate C&P diagnostic reports from the VA examiners. My VSO is clueless in my opinion, so in my case with C&P exams it's been deny, NOD's appeal, more C&P exams, deny, re-appeal and so on and on. I'm considering continuing the process with an attorney, I just think I need another pair of eyes to look at my claim. It's very hard to get a fair rating for service connected injuries, they give you 10% and then you have to battle for more. I am a combat Vet, 18 month tour in the NAM, 70% PTSD, 10% for bilateral physical injuries. I think I'll continue the process with an attorney. My combined 80% rating was obtained by going to Psychiatrist, orthopedic surgeons outside of the VA. 

 

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