Bad C&P

[SPO]

So I finally got a copy of my C-file, and my last C&P is a mess.  To begin with, no genoiometer was used on most of my joint, and she noted that it was.  The exam and remarks blocks are not consistent.  She would check that I had pain in the exam, and then say I didn't in the remarks.  She ignored things I said, specifically I did report flare ups and she check that I did not.  I know for a fact the range of motion listed for at least my shoulders was incorrect.  I'm not sure what to do to get this garbage exam thrown out. Can any body help.  I'm putting together a supplemental claim, but I can't get a doc to fill out full Range of motion reports and all that stuff.  Just for everyone's knowledge, I have all the caluza elements covered.  Its just a matter of getting the correct percentage assigned.  Also for what its worth, the exam is from March 2019.

Edited May 13, 2020 by SPO

[Buck52]

SORRY I THOUGHT YOU JUST HAD THIS C& P a couple months ago.

YOU NEED TO GET APPROVED FIRST  THEN WORRY ABOUT YOUR EED.

IF YOU FILED FOR HLR then hopefully with your new evidence and a new C&P you will be approved. 

if you don't get your Nov 18 -2018 EED then you can Appeal that.  but you need to wait until the adjuicate this claim.

because they may get it right and use your ITF Date.when approved.

[SPO]

Thats what I'm hoping.  I just talked to DAV and they said the VA should request a new C&P, but I should submit a statement why I think the first one is bad.  They also said the VA hasn't  been going back to original EED on supplemental claims.  Just from when the supplemental was submitted.

[Buck52]

This maybe true

but you can still Appeal the EED TO WHEN YOU FIRST FILED...I'LL RECHECK THE REGS ON THAT  BUT AS FOR AS I KNOW AFTER A VETERAN HAS BEEN ADJUDICATED NO MATTER WHAT LANE HE USES  HIS EED WILL BE WHEN THE CLAIM WAS FIRST FILED  OR THE FACTS FIRST FOUND.  YOU MAY HAVE TO FIGHT THEM FOR IT   BUT YOU SHOULD GET IT.

[Buck52]

Since you filed in 2018   that was before these newer SLH/HLR were in effect   so you change to thos in 2019  which they went into effect Feb 19 2019...so they should go back to your Nov 18 2019 date  the date you first filed  but  if they don't then appeal the HLR EED

[SPO]

Would it be helpful to through a statement in with my claim to referencing the regulation to remind them what my eed should be?

[SPO]

II.iv.5.C.6.b.  Continuously Pursued Claims

If an issue is continuously pursued under 38 CFR 3.2500(c) as a higher-level review (HLR), supplemental claim, or appeal to the Board of Veterans’ Appeals (BVA) (or a timely combination of any of those review options, in succession), decision makers must apply the effective date provisions of 38 CFR 3.2500(h)(1), which allows for an effective date based on the date of receipt of the initial claim, or the date entitlement arose, whichever is later.   Note:  A supplemental claim filed within one year following a decision on the same issue for that same claimant from CAVC, the U.S. Court of Appeals for the Federal Circuit, or the Supreme Court of the U.S. is considered a continuously pursued claim and can be afforded the effective date provisions of 38 CFR 3.2500(h)(1).

Edited May 13, 2020 by SPO