supplemental claim exam

[SPO]

I submitted my supplemental claim a couple weeks ago, and I found out today that the VA requested a new C&P exam.  However, according to the VA it is one I am not required to attend.  This confuses and worries me because I disputed the in person exam I received in the original claim.  Its an arthritis claim so you would think they would want a new set of ROM measurements since the last one was more than a year ago and I brought up multiple issues with it.  Anyone have any idea what is going on here.

[GBArmy]

If you are not required to attend I assume you mean it is an ACE exam. That is where the RO has en examiner make a determination based on medical evidence you already have in the system. So, yes, that certainly would include your ROM Measurements a year ago. The VA doesn't have to have a new C&P exam if they feel that there is enough current info to make the decision already. This is because of the coronavirus and they have stepped up on the ACE exams process. No people, just paper. You might consider doing three things: call the RO and see if you can talk to the manager who schedules C&P's and explain why it isn't right. If you can say that your condition is worse, all the better. The second thing is if they deny your request and the result is an unfavorable exam, you can request a new exam. Use in your aguement that you tried to get a new one before and they wouldn't listen. Last thing would be get an IMO with your own doc after the decision and submit a supplemental with new evidence.

[SPO]

It seems there was a misunderstanding.  The exam was assigned to qtc so I called them. They said what it meant was I do t have to attend right now if I feel unsafe.  They did say they are now attempting to schedule in person and are now working to find a doc for me to go to.

[SPO]

Since it does appear I have to attend another exam (which is good because the other one was very bad, and I disputed it in my claim), I want to do anything I can to make sure this one goes right.  Does anyone have any advice how to ensure I'm rated correctly.  This is arthritis that isn't the same everyday, I don't want a good day to completely ruin this whole process.  I know I can explain how bad it can get to the examiner, but I don't trust them to take any of that in to account.

[Miken2c74]

@SPO I am going through a similar situation. I had an exam in Aug 2018 which was both inaccurate and inadequate to say the least but my problem was I waited almost a year to challenge the exam even though I had a IMO/IME performed to challenge the information that was on that exam. I did not write my letter until Oct 2019. VA will use that exam till the wheels fall off if nothing is said to discredit it.  If there is a problem with that exam do not wait, the day of the appointment if something is out of order report it to the organization that send you the information about the exam. If that organization is not VA your second call should to your local VA office and to ensure the inquiry gets in your file make a IRIS. Cross all T's and Dot all I's. What you want is the VA to take the wind out of the exam when you challenge

[SPO]

Yeah, this time around I won't be waiting a year until I can get another copy of my c-file to challenge a bad exam. If something smells funny after its done, I'll be calling DAV and VA on my drive home from the exam.  My concern is driving the point home of how severe my condition can be if  I go in on a good day, because I can't predict good days from bad and try to schedule based off that.

[deedub75]

Are they denying that you have arthritis?  What evidence did you send in with your supplemental claim?

I submitted a supplemental claim for knees, back and left ankle that kept getting denied and BVA remanded it. I sent in a nexus letter from my surgeon just the get the claim out of the same NP that kept denying me. I was sent for new exams and the claims were ultimately approved albeit they made the effect date the date of the supplemental claim. I can’t even tell if they used my nexus letter because it wasn’t listed separately. The supplemental claim was listed and maybe the letter is considered part of the supplemental paperwork.