Why Is the VA Requesting That I get a new C&P exam after I appealed their effective date of my disability decision?

[Rambo123]

Here is my Va dilemma. First of all, I have been fighting the VA since 1994!  I have since been granted small disability increases until I finally was granted an increase from 90% to 100%.  During this long arduous and challenging struggle,  I have filed disagreements and a Form 9 to Veteran Board of Appeals (VBA).  Next,  VBA  has remanded my claim back to my local VARO because there was so many disparities the VARO raters either deliberately missed, or missed because of being overwhelmed by so much work they are facing. Personally it appears to be both. Here is my question: After finally being granted the 100%, the VARO raters decided the make my disability effective date  the date of my most recent C&P exam, which was just a few month earlier.  While I was elated about the award, they were a few years off for the effective date!  They changed my diagnosis from that recent exam, and said that was the first time I got this diagnosis, and based their effective date on the apparent new diagnosis.  However, what they failed to recognized, was I already had that new diagnosis for several years prior. Therefore, I again disagreed and filed the proper form stating my disagreement with the effective date.  I made it specific that I ONLY want to appeal the effective date,  So after several months of not doing anything with my claim, they are trying to request that I get a new C&P exam for an "Increase disability"  They have all of the evidence, such as progress notes, medical treatment and even other C&P doctors  stating that I had that new diagnosis.  I don't feel that I need a new C&P exam!  What do you think about all this?  I am so sorry for all this writing.

 

[MrPain7]

Out of all due respect broncovet  i have never used a lawyer  I used the Amvets and the DAV 

But i had to let them go the fact being they told me would not win my claim and i did it my self

and won.....over 150,000 in retroactive pay... anything can be done ..............

[broncovet]

Great, MrPain7!  Im glad you won.  I hope others do also.  Even Alex Graham used an attorney for his own claim.  Congratulations.  Unfortunately, few of us had that level of skill.  

Some people dont know that, if/when you get a bva denial, you can appeal to the cavc and eaja normally pays the attorney fees.

Did you win at the BVA?  CAVC?  Just curious.

[deedub75]

13 hours ago, broncovet said:

Make no mistake.  

The va will fight you harder on the effective date than they did granting your disablities.  This is due to MONEY> 

    Most raters dont have the authority to cut you a 100,000 check.  So they just deny them.  You are gonna have to go before a judge, and he has the authority to cut you a six figure check.  But, that judge was a lawyer, and he wants you to hire a lawyer too.  

    In short, if you want your full retro (eed), get a lawyer.  I have been on this board over 10 plus years, and, never once did anyone ever win six figure retro represented by self or vso.  You need big guns, so get a lawyer.  Or, go home and settle with what you have.  

I can tell you from my time working there, raters don’t care at all about the dollar amount of retro going to a veteran. That isn’t taken into account at all. They rate the claim regardless of the dollar amount. If it goes over a certain limit then their supervisor just has to sign off on it. If it gets really high then the service center manager may have to sign off as well.

I’ve gotten plenty of nice retro payments without a lawyer. I’ve gotten $45K and $8K in 2015 and just a couple of months ago I got another $30K using an HLR to get an earlier effective date. 

[broncovet]

Deebub...

   Ok, great.  So, the rater WILL award six figure retro "as long as his boss and the big boss approve and sign off on it".  Im sure most of them LIKE the big boss looking over their shoulder, carefully!  Or, some not so much. 

    Or, instead of having the bosses take a magnifying glass to your work, it can just be denied.  Do the big bosses sign off on denials, also?  I didnt think so.  

     I can see it now.  

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OK, boss man, Im denying this vet retro, back to 1974.  You ARE ok with that right?  Good, I thought so, glad you didnt have to look it over.  

  ITs those "subtle methods"  that VA uses, above.  

   IT was like that when I was in the military.  YOu didnt have to have the Admirals approval to put in a new roll of toilet paper, but you sure did not award a 6 billion dollar F15 contract without some serious high level approval.  

    

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Ok, admiral.  My brother just started a business in the airplane building and development.  Im sure you dont mind signing off on this 6 billiion for a new fleet of aircraft, right?  You need not look at the contracts, after all, it is my brother!!!  And, dont sweat that my brother has never even been in an airplane before much less build one.  

 

[broncovet]

By insisting on "big boss approval" of large retro, this means that at least 3 "sets of eyes" go over the retro with a fine tooth comb, "looking for ways to deny it."  Of course, if you dont want the big bosses looking over your work (with a fine tooth comb), just deny it and nothing will ever be said.  

[deedub75]

44 minutes ago, broncovet said:

By insisting on "big boss approval" of large retro, this means that at least 3 "sets of eyes" go over the retro with a fine tooth comb, "looking for ways to deny it."  Of course, if you dont want the big bosses looking over your work (with a fine tooth comb), just deny it and nothing will ever be said.  

You have a jaded view of what goes on inside of the VA. There wasn’t anyone where I worked looking for reasons to deny a veterans claim. We worked very hard to make sure every veteran got the benefits he or she deserved. A majority of the people working there are veterans themselves. It’s not a perfect system and many, many mistakes are made. 
 

A high dollar retro payment may trigger a 2nd signature from a supervisor. No one was going over it with a fine-toothed comb. Many of the supervisors have never rated a single claim in their lives.