100% p&t exam

[SPO]

Starting a new thread to avoid confusion.  I was awarded 100% p&t on 12/1/2020, effective 7/7/2020 (date of last c&p).  However, in the decision letter it says they are scheduling exams to evaluate my current severity.   What is the point if I’m already 100% p&t. Are they just looking to take away what they just gave me?

[Mr cue]

Lol ok now you get granted 100%

And get the payment.

And ro can just order exam to see if they can increase your rating smh

Without you put in for a increase.

The bva decision is final that why it say you have 120 days to appeal to the court.

The ro granted the 100% for the bva decision.

That why he get pay 100%

You didn't disagree with this so it final.

 

So why is the ro reopening it and order exam again.

Come on ppl everyone can see the error.

Good luck again.

The only exam that should be ordered is for the remand issues.

 

[pwrslm]

You should still be able to submit new evidence into the record when you are remand. The VA is gathering new evidence in these exams as well. A lay statement can describe the symptoms that you experience. It must be taken into account, and if they think you are not telling the truth, they must provide evidence giving a reason and basis for them to think that.

You cannot provide a medical diagnosis (unless you are properly a medical professional). But you can give direct testimony in a lay statement of what you have experienced. Upload the statement on vets.gov, and then mail it in.

Edited December 21, 2021 by pwrslm

[SPO]

Add insult to injury.  I emailed DAV and explained my concerns and their response was a 1 sentence email saying just go to the exams.  If you live in Maryland, find a different VSO, they are awful.

[Vync]

@SPO That's just not right. I had DAV years ago and my agent was fantastic, but retired. The replacement was not nearly as knowledgeable and lacked tact. I switched VSOs after a few lackluster interactions. I did learn that it's not necessarily the organization, but the person who can make them look good or bad. 

[JKWilliamsSr]

14 hours ago, SPO said:

So my big question is can I be reduced and lose 100% p&t from these upcoming exams?

I would say no to this.  The VA should only be addressing items that were based on the appeal itself.  If they further adjudicate any disabilities not on appeal the BVA will more than likely reverse them if they are not in your favor.   A key point and I will have to look up the case law on this but the law requires the VA to pursue all avenues to give the veteran the highest rating possible.  Of course they always seem to do just the opposite.  Once I find the case law I will post it. 

[Mr cue]

Ok we all understand they are trying to reduce his rating.

Some say trust the va they will not do that to u. And if they do you can appeal. And fight it there are laws.

We understand that the va doesn't follow laws. So you will be fighting.

My thing is go to the fight with something in the record say u don't agree with what they are doing

Some are saying just waiting they might be try to give you smc lol. Why put in a statement

Me I seen it come with the ace exam thing.

Then it's we can't do the ace exam on your record we need you in person. They can reduce on a ace exam. Ppl.

It must be a in person exam. Va understand this be to get it started they order the Ace exam.

Because they had no reason to order the exam.

I am not just talking they try to do it to me to put a unfavorable medical opinion for loss of use for smc benfits

After my cavc remand

First it was the judge stated my 25 year disabled may have improved by a 2021 video appointment note.

 

order a ace exam. They shop it for 5 months could get a doctor to do it.

They it came back and now they want in person exam. I refuse I am 25 year protected. I am not saying do this you don't have that protection.

Let me get off me.

You understand yourself this is not right  if you don't upload a statement addressing this it on u.

Because the vso will not write a statement doesn't mean u can't.

I am not saying the statement will stop all this it might tho.

The va should not be ordering exam for something that isn't remand or on appeal.

They can just put in for increase rating. That you never apply for.

Yes you will win on appeal or at the court.

Who want to go through all that.

Put the statement in your record.

It will be there for the court or board if need be to address

Because you will not see the comp exam before they use them.

They will make a decision bases on them exams before you can address them.

I don't see any other Ave but to put in a statement and prolong the exam claiming family emergency.

Hope they address the statement before the exam. 

And if not the exam were done after the statement was put in the record.

Be proactive in the fight

Good luck