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.

 

[Carl the Engineer]

This is where some much needed information would be helpful.  As in,

How many claims for big bucks gets all three signature at the get go,

How many get the rater and 1 st supervisor, but not the second signature,

And how many get the rater , but no supervisor(s).

Without that info, we are all just speculating.

Maybe a FOIA request,

Hamslice

I would find it hard to believe a won claim for over a  million dollars does not have some severe adverse scrutiny. 

 

[Rambo123]

Thanks to everyone who took out time out your busy schedule to respond to my question!  That means so much to me.  The main concern that I have is having to go to a C&P exam and having someone deciding to reduce my disability rating.  Can anyone explain why they want to look at the very same issues that the previous C&P exam doctor examined me for in order for the raters to granted me the 100%.  According to LHI, they want the C&P examiner to examine me for: "range of motion of my arms, shoulders, and neck.  for and increase disability compensation".  I read some where, I could be wrong, that states that "In an effective date claim the raters are only suppose to only look at evidence related to decide on an earlier effective date.  However, in my situation, it looks as though they maybe trying to find evidence to reduced my disability. Please advised. Thanks,

[Buck52]

If you had this condition more than 10 years  you  can request they cancel this exam.

you might let them know your condition has not improved   , and they most likely will cancel this exam.

Now if you ask for a increase  thats a whole new ball game...they will send you to a C&P for that.

Sometims going to a C&P Exam is a benefit to the veteran as they may see your condition has got worse  if that's the case  an increase could come ,by a secondary condition that your original condition caused or is related to, now being that your already 100%  that increase needs to be at least 60%  if so then you would be eligible for the SMC.

But if you got called up for a C&P and you never filed for increase?  and you have had this same condition for ten years  you can request they cancel this exam  because your condition has not improved and you had this rating for ten consecutive years.

Edited September 12, 2020 by Buck52

[GBArmy]

Rambo123 This is my opinion, and there are others that will disagree, but I doubt seriously that you are getting another C&P by the VA just so they can decrease you rating. If you are looking for an increase to an existing rated disability, I agree with Buck. If your conditions haven't gotten worse, it is subjective. Another new examiner could say it is better. You then have to appeal that new decision. If your condition has gotten worse, then you should end up with at least the same, if not an increased rating. It is the chance we take when we go after an increase rating. You have to be honest with yourself about your current conditions when you consider going for an increase. If we are greedy, it could backfire on us. If you are honest about your condition symptoms, you shouldn't have anything to worry about (usually.)

[deedub75]

Did you use a higher-level review of a supplemental claim to asks for EED?

[Buck52]

If you requested an audit for your EED AND THIS TRIGGER a C&P Exam don't make any sense BUT ANY TIME A VETERAN CONTACT THE VA CAN TRIGGER AN EXAM, BUT TO REQUEST A EED ADUIT SHOULD NOT TRIGGER A C&P EXAM UNLESS YOU ASK FOR AN INCREASE.

 You May Want to ADDRESS YOUR QUESTION TO Hadit member and Mod  broncovet,

He   is pretty good about correcting EED  I believe he got his EED and now working on the correct payment from the EED Because they fail to include his dependent children .

He has a EED CALCULATOR or some tool that figures the EED though out the years  because each year its different mainly because of COVA. 

If you have the award letters dates of how they rated you or what we decided and you have the evidence your EED was before that date,  then request the EED Audit 

broncovet can advise you on how to do that.