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]

So what type of C&P did they do since you also were requesting a EED?  Did they only looked at VA medical records to deny or grant an EED? Did they do a complete a C&P exam to check your degree of disability?  I they are actually planning to reexamine my medical condition, that'll be a big problem!

[pacmanx1]

OK you have to understand that most of the time before VA will make a decision they will most likely schedule a C & P exam to try to get a more recent picture of the your disability.

Now what happened to my claim is that it was remanded from CAVC to BVA and they granted it and it went to the local VARO and they sent me to an updated C & P exam and low balled my rating decision. I filed an NOD and the local VARO increased my rating (granted my CUE )but screwed up my effective date. I filed another NOD and the local VARO denied my earlier effective date and reduced my rating so I had to let my claim go back to BVA where they not only granted my original un-adjudicated claim they remanded my reduced rating decision. What happened is when the local VARO denied my earlier effective date, I used 38 CFR 3.156, 3.157 and 3.400 that proved VA had in their possession at the time of my original claim VAMC Medical Records that showed I was being treated for my condition and that evidence was never connected and considered as evidence. I won this granted decision last year and the local VARO is now working on my remand to correct their error.

 

 

[GBArmy]

Amazing!

[Rambo123]

May I ask: Since I initiated the claim for the EED, do I have the right to just cancel the claim.  I am 65 yrs old now, and don't really have anymore fight left.  I know an EED can grant me more compensation.  However, The struggle and risk of a reduction will out weight the benefit.  

Edited September 13, 2020 by Rambo123

[broncovet]

Sure, you can cancel the claim.  Dont expect cancelling the claim for eed to "reduce the chances of a reduction".  There is criteria for a reduction, and it has nothing to do with whether or not you file for increase or not.  

The VA can reduce you if you have actually improved, but its irrelevenat if you file for an eed, or an increase.  

I dont suggest canceling your appeal for eed.  If you need help, get help, and dont fight the VA alone.  An attorney may be willing to help for a percentage.  

[Rambo123]

Can anyone recommend a good attorney.  That would be really appreciated.  I also want to add that when my 100% was granted, it  stated that I was "permanent & total in nature ,with no future exam necessary", .   What exactly does that mean?  Thanks for your help!

Edited September 13, 2020 by Rambo123