? Can a veteran refuse the duty to assist.

[Mr cue]

Ok I can't find anywhere  a law on comp exams.

When is it to many.

When can a veteran say I have enough evidence. I don't need anymore assistance.

To me the comp exam system is open door.

If they don't feel like address the case order more exams.

If you have enough evidence to granted they still can order more exams

They can keep say the exam is inadequate even when the exam is favorable to the veteran.

So when can a veteran stop all this is my ? There are not even laws addressing this smh

 

[brokensoldier244th]

Submit a 5103 that says you have nothing more too send. Legally VA is required to do certain things- that is statutory and cant be waived by a 5103- that's only for you're evidence- but usually 2 federal requests or a received negative response "we don't have it...." from a federal records holder is enough to satisfy duty to assist. 

 

If the doc didn't follow there instructions it's an inadequate exam. This is statutory, too, that's why there are standardized forms for it. 38CFR 3.326

Edited January 18, 2022 by brokensoldier244th

[Mr cue]

My? Is doesn't ordering comp exam fall under duty to assist.

And the ? Is does veteran have the right to refuse there exam if he feel he has the evidence to grant the claim.

Or does the va have the right to order unlimited exams.

Or do they have the right to refuse exams when there favorable.

And keep ordering them.

What is the law on comp exams.

I can't find anything that address this.

Seem to me the va should have a law on this.

 

[brokensoldier244th]

Exams and general duty to assist is under 38CFR 3.159

 

CAS

[Mr cue]

Ok I look over the CFR.

It talk about when the va can stop the duty to assist. But not a veteran.

As far as exam it does address the va send a veteran to 5 6 exams for the same condition.

It doesn't address when a veteran feel the exam was favorable can he stop more exams

This cfr seem to give the va all the power to order exams an when to end the

 duty to assist.

In my opinion.

 

(4) Providing medical examinations or obtaining medical opinions.

(i) In a claim for disability compensation, VA will provide a medical examination or obtain a medical opinion based upon a review of the evidence of record if VA determines it is necessary to decide the claim. A medical examination or medical opinion is necessary if the information and evidence of record does not contain sufficient competent medical evidence to decide the claim, but:

(A) Contains competent lay or medical evidence of a current diagnosed disability or persistent or recurrent symptoms of disability;

(B) Establishes that the veteran suffered an event, injury or disease in service, or has a disease or symptoms of a disease listed in §§ 3.309, 3.313, 3.316, 3.317, and 3.320 manifesting during an applicable presumptive period provided the claimant has the required service or triggering event to qualify for that presumption; and

(C) Indicates that the claimed disability or symptoms may be associated with the established event, injury, or disease in service or with another service-connected disability.

(ii) Paragraph (4)(i)(C) could be satisfied by competent evidence showing post-service treatment for a condition, or other possible association with military service.

[Mr cue]

But it doesn't give them the  power to order unlimited exams.

So there is a fight for the court to address.

When is it to many comp exam.

I will be put this into my appeal to the court and see if they address it.

 

[brokensoldier244th]

I have had veteran's flat out refuse further examinations in writing or via phone- if I have that and they have no outstanding requests for other information (or they have waived that with a 5103 saying they have nothing to send ) then I send it to rating. I'm not going to continuously pursue action when the veteran is unwilling or unable to participate.