Jump to content
HadIt.com Anniversary 24 years on Jan 20, 2021 ×


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    0%
    $0.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

HadIt.com Anniversary 24 years on Jan 20, 2021
  • 0

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


Question

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.

 

Link to post
Share on other sites
  • Answers 35
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Popular Posts

Rambo 123 Sorry that you have been getting the run a round but as you realize, it is confusing trying to deal with the VA. The short answer is that they feel that there is clarification to be had by h

Actually this new C & P exam may not be a bad thing. It could have a result in you getting an earlier effective date for your 100% rating. It could also get you a P & T rating which could gene

I agree with the answers above.  Think of it this way.  You go to a c and p exam, say March 1, 2019.  The doc says you are totally disabled but does not give a date.  (often).  So, the va uses the exa

Recommended Posts

  • 0
  • Patron

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. 

 

  • Like 1
Link to post
Share on other sites
  • 0

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,

Link to post
Share on other sites
  • 0
  • Moderator

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 by Buck52
  • Like 1
Link to post
Share on other sites
  • 0
  • Moderator

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.)

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Ads

  • Our picks

    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
      • 13 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
      • 12 replies
    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
        • Like
      • 8 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines