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Should I Request New C&p For Reconsideration?

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Nathan104

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Nathan104

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I recently sent in a request for reconsideration on my back rating and filed for TDIU at the same time. Since my first C&P, my back got much worse and Ive had back surgery. So, I sent in the new evidence requesting the reconsideration instead of filing a NOD and filed for TDIU at the same time.

My question, I did not request in the letter a new c&p exam for my back. I know back rating are almost purely based off of ROM. Since my first c&p, my ROM has changed dramatically. Should I send in a letter requesting a new c&p or do they automatically schedule you for new c&p's when you send in a reconsideration? I need to get my new ROM for my back in as evidence. What do you think?

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Objee Community Regular

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I recently sent in a request for reconsideration on my back rating and filed for TDIU at the same time. Since my first C&P, my back got much worse and Ive had back surgery. So, I sent in the new evidence requesting the reconsideration instead of filing a NOD and filed for TDIU at the same time.

My question, I did not request in the letter a new c&p exam for my back. I know back rating are almost purely based off of ROM. Since my first c&p, my ROM has changed dramatically. Should I send in a letter requesting a new c&p or do they automatically schedule you for new c&p's when you send in a reconsideration? I need to get my new ROM for my back in as evidence. What do you think?

Nathan, did they do a ROM before your last operation? If not, you can say that your ROM has decreased markedly. That should force a C&P to get a new ROM evaluation. Remember the clock's still running on your 1 year to file the BVA Form 9. A NOD tolls the BVA filing date but a reconsideration doesn't.

Ralph

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Nathan104

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Nathan, did they do a ROM before your last operation? If not, you can say that your ROM has decreased markedly. That should force a C&P to get a new ROM evaluation. Remember the clock's still running on your 1 year to file the BVA Form 9. A NOD tolls the BVA filing date but a reconsideration doesn't.

Ralph

Ralph, thanks for the reply. They did not do a ROM test before my surgery. The surgery was not performed by the VA. A ROM test was done at my original c&p for my back in January 2006. I had my surgery in April 2006. So, you think I SHOULD send in a letter requesting a new c&p exam? Thanks.

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