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.

 

[Rambo123]

Thanks again everyone.  Yes I've had the same condition for a very long time.  I finally was granted the 100%.  The issue  that I have is that when they finally granted me the 100%, they thought they were actually giving me a very new diagnosis.  However, what they appeared to not know was that was on of the diagnosis the VA doctors gave me years earlier.  Therefore, granted the decision and the effective date starting at the recent C&P exam date.  Now they want to set me a new C&P exam to apparently grant me an increase, which I don't need now that I already was granted the 100% P&T.  What are they thinking?   

[Rambo123]

I don't remember using a higher- level review  of a supplemental  claim.

[deedub75]

44 minutes ago, Rambo123 said:

I don't remember using a higher- level review  of a supplemental  claim.

Did you enter this claim for an earlier effective date online or did you mail or fax in a form?  Supplemental and HLRs each have their own specific form and they can't be done online.  They have to be faxed or mailed in.  

[Rambo123]

I Did this claim and mailed it in.

[Rambo123]

I was wondering if for some reason if this request was all just automatically sent to LHI not realizing I didn't file a claim for increase?

[pacmanx1]

On 9/10/2020 at 6:07 PM, Rambo123 said:

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.

Not fully sure what to say to get you to realize that this is just a common tactic for VA and most likely no way around it. I recently won an EED back to 1998 after VA denied my claim for years and the local VARO screwed up my effective date. That did not stop the local VARO from sending me to a new C & P exam that had absolutely no bearing on the evidence that the BVA had already granted. My BVA grant proved that I had met the required standard but yet I had to do a new C & P exam. BVA agreed that my evidence was already established by the time my original claim was denied but VA still made me go to that new C & P exam.