Completed CP Exams with LHI, then requested by VA to redo the same CP Exams with VES

[VetNY12]

My claims are going on 1 yr and 6 months since the time I filed. Been taking so long due to the months it took to schedule these exams.

I had completed all my CP Exams with LHI contractor, then VA requested I redo all those same exams with VES contractor.

1 exam due to DBQ questionnaire changes

1 exam due to it being conducted over a year ago

Another exam which was done 4 months ago, also had to be redone.

 

Anyone else deal with this lately?

First time I ever claimed it took less than a year, completed CP Exams once then received a decision.

[Carl the Engineer]

I had exactly the same thing happen.  However, mine didn't take quite as long as yours is going.  

I had to go to a different place for x-rays for the second C&P.

I will have to wait a little bit longer, still have something pending, and then get my c-file and then I will be in a better place to say why the VA shipped my claim to a second vendor.  I can only speculate at this time, but my first exam was by a NP, and then they must have wanted another (stronger) opinion to take their side and sent it off to a doctor for his opinion.

Just a guess,

Hamslice

 

[Vync]

Yep, the VA doesn't do a very good job of explaining why we have to go through the same exams not long after going through the exam.

[Mr cue]

I have been to 6 comp exam for smc I had 3 exams for mental health. I had a specialized comp exam for loss of use smc. Since 2019

I receive in home care pay for by va hospital. For loss of use. 

I even have the home/maker note from va hospital that stated without in home care the veteran will need nursing home services.

25 year record of loss of use

The us court remand smc back to Board.

An bva Judge remand for a medical opinion exam for loss of use again.

I been in a rollercoaster for four months with qtc about the exam.

still no medical report.

yea there should be a law in how many comp exam the va can order a veteran to do

 

 

 

 

 

 

[pacmanx1]

 

Quote

4.23 Attitude of rating officers.

It is to be remembered that the majority of applicants are disabled persons who are seeking benefits of law to which they believe themselves entitled. In the exercise of his or her functions, rating officers must not allow their personal feelings to intrude; an antagonistic, critical, or even abusive attitude on the part of a claimant should not in any instance influence the officers in the handling of the case. Fairness and courtesy must at all times be shown to applicants by all employees whose duties bring them in contact, directly or indirectly, with the Department's claimants.

OK, IMHO (IN MY HUMBLE OPINION) this regulation was put in the 38 CFR part 4 for a reason and veterans have to play the VA game. We not only have to play the VA games, but we have to do it in a way that they are right until they realized that they are wrong. All veterans are liars, all veterans are trying to get free money. The real truth is that I believe that most veterans would give up their benefits if they could go back to work and provide for their families. Who in their right mind was thinking about disability while they were in the military? Most if not all of us didn't even know about VA disability compensation pay. 

[Mr cue]

Someiano v. Principi, 17 Vet.App. 305, 312 (2003) (Court noted that it would not be permissible for VA to undertake further development if purpose was to obtain evidence against appellant’s case)

 

Adam v. Principi, 256 F.3d 1318 (Fed. Cir. 2001), (in which the court stated that it would be improper for the Veterans Court to remand a case to the Board to give the DVA another opportunity to develop evidence needed to satisfy an evidentiary burden it had failed to satisfy the first time, i.e., to “attempt to introduce new evidence sufficient to make up the shortfall” in the agency’s proof. Id. At.

By these court decision I believe the board is volating the law.

With give a veteran more exam after a us court remand.

 

 

 

 

[pwrslm]

" Most if not all of us didn't even know about VA disability compensation pay. "

 

Ditto. I went 36 years before someone pointed me in the right direction because of spine problems. Once I found out that the VA would give me medical care because I was living in poverty, I signed up and finally tied my injury together with VA benefits. 36 years can make back problems a lot worse than if they were dealt with much younger, so the cascade of breakdown in my spine put me at 100% scheduler P&T at 58 y/o. Nobody properly informed me when I was discharged that I should or could seek help from the VA in 84. They were in a hurry to get me out the door when I ETS'ed. The process spent less than a minute on VA info, and was quickly out of my mind as they shoved documents and information at me with incredible speed. I probably waited 2 days to do 2 hours worth of processing so I could leave with an honorable discharge.