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.

 

[broncovet]

Pick from this list:

https://www.vetadvocates.org/cpages/sustaining-members-directory

You can get an attorney near you, or a "national" attorney can represent you.  

Some names Im familiar with:  (You may have to contact multiple ones, its not unusual for them to decline to represent you.  They are mostly very busy, and expect one or more to decline your case.  It does not mean you can not win, it could mean they are not experienced with effective date law, or, that they are so busy they are not taking new clients right now.):

Chris Attig, Attig Steele: https://attigcurransteel.com/   I have used him and won a remand at the CAVC (board denial).  I took his advice, got an IMO, and my attorney fees were 0 as they were paid by EAJA.

CCK Law:  Huge, national firm.  They have won millions or even billions for Vets.  

Bergman and Moore  Well known among most Vets advocates.

Hill and Ponton   Mathew Hill posts sometimes here.  He offers great advice.

Carpenter Chartered:  Best of the best.  Ken Carpenter is very well known.  I think a drawback to Carpenter Chartered is that he apparently does not accept "email" forwarding of documents.  I had to mail them to him.  This may have changed.  Mr. Carpenter called and offered to represent me, after review of my file, but I had already signed with Chris Attig.  

    Again, dont be discouraged if one or more of these attorneys decline to represent you.  Sometimes, I had to contact 5 attorneys to get one to represent me.  I had a difficult case, but won.  

 

 

[blahsaysme2u]

i wish this info about attorneys/lawyers was "stickied" somewhere. this is good info!

[pacmanx1]

Quote

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!

 

What this simply means it that your current disabilities are not likely to improve and they will last for the rest of your life. Outside of you filing a new claim VA will not evaluate your conditions and if they do, you will most likely keep your ratings.  Now that you have a request for an EED, that may change your effective date and you may be awarded a new effective date with a retro payment but don't hold me to that. VA has been fighting me for the last ten (10) years and finally caved in and granted/awarded my 1998  claim but I am still waiting on VA to implement my rating.

[Rambo123]

Thanks for so very much explaining this for me.  Also thanks to everyone else who had input in clarifying some thing for me.  May I will move forward with my the scheduled C&P exam.  So they can only examine things related to an EED.  Thanks again. 

[Oceanbound]

My Lawyer is GloverLuck