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    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

Question

Not sure who might know this, possibly @brokensoldier244th, but would there be any reason for a C&P exam being performed (in my record), without me filing a claim during the time I had the exam? It appears favorable with exception to the examiner making a remark toward the end.

I recall sitting down with someone from mental health during that time at the VA because I indicated my issues with mental health during my (presumptive from exiting active duty) left knee claim that was SC'd.

I just find it odd that, even with diagnosis and favorable findings, it was never listed as a disability or NSC disability. I never even knew it existed until recently

I can redact and post exam if needed. Thanks!

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I think the form that you may be searching for in your C-File would be a VA form 119 REPORT OF CONTACT.  It is when a veteran and or his representative contacts VA.  If you had a representative he/she

Foxhound6 When the VA does a C&P, they are supposed to tell you the purpose of the exam. Sometimes they don't. Happened to me as well. I thought it was a routine check on my heart condition but it

Foxhound will this help, 38 CFR 3.157 – Report of examination or hospitalization as claim for increase or to reopen (a) General. Effective date of pension or compensation benefits, if otherw

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8 hours ago, pacmanx1 said:

IMHO, before you begin to think about an EED, make sure you review your C-file. Pay close attention to all the documents prior to the date of your original C & P exam and any contact that you had with VA and the VAMC.  It possible, now don't quote me, but it is possible that a claim could have been filed on your behalf by a VAMC doctor or by you contacting the VA Regional Office. Only time will tell.

I requested it back in January of this year, still "gathering evidence". My C-File must be huge for two claims! LOL. I just returned an authorization form from my state Senators office so they could maybe expedite its processing. I do need it.

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6 hours ago, brokensoldier244th said:

That should probably be canceled. Unless it’s an RFE but having one a year out is unusual-not unheard of, but unusual. It’s likely that you were scheduled because somebody didn’t document the claim properly before you and scheduled it despite you already having decision. Or you filled a paper claim and electronic claim for the same thing and it wasn’t caught so it was processed as its own claim. 
 

it also could be inferred by a rater after the fact. I see that sometimes, too, to correct an error where something in the contention wasn’t addressed because the vsr didn’t order the exam and attach the documentation correctly. 

@brokensoldier244th My guess would be that I was referred by the examiner from my Knee C&P, as in that knee C&P it does list that I had an existing diagnosis for a "Mental Health Disorder". Is this something that could be usable as evidence of an earlier EED for my recent MH award given that they subsequently granted me secondary SC for my mental health just recently, based on virtually the same evidence?

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Maybe, I don't know. Since I don't rate Im not really privy to the subtleties of interpreting the M21 when it comes to ratings activity. For good or ill, those guys/girls go to class 8 hours a day for like 6 months just for that job, and thats after having been a VSR for some years because gs7-9 dont do ratings. Thats gs10 and above and  usually a Masters degree in something or another. Im almost there (3 months) education wise, but I have awhile to go before I can even think about doing their job- and I don't know if I want to. I like being a relatively low cog. 

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5 minutes ago, brokensoldier244th said:

Maybe, I don't know. Since I don't rate Im not really privy to the subtleties of interpreting the M21 when it comes to ratings activity. For good or ill, those guys/girls go to class 8 hours a day for like 6 months just for that job, and thats after having been a VSR for some years because gs7-9 dont do ratings. Thats gs10 and above and  usually a Masters degree in something or another. Im almost there (3 months) education wise, but I have awhile to go before I can even think about doing their job- and I don't know if I want to. I like being a relatively low cog. 

Lol I get ya. I appreciate your insight none the less. I may have to just give it a try later on once my HLR on the topic is done and I have been able to fully review my C-File.

Good luck with your further edu! I can understand wanting to stay where you are. I can imagine that job of a rater can be stressful. But, does explain why there are so many errors on claims at times. Seems like pretty intense training

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