? 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

 

[Mr cue]

Ok if a veteran has had let say 4-5 exams.

And there favorable to the veteran and they va keep saying they are inadequate for rating purposes.

The doctor did say this the doctor didn't explain his opinion etc.

All the things the va use to keep ordering exams.

First it if a veteran refuse a exam they denied it.

Now they send it to a rater if a veteran refuse a exam.

See the confusion.

The court need to address this

 

[Mr cue]

Or now is it a judgement call on the person handle the case.

Does seem legal. To me

[brokensoldier244th]

The VA can't just say an exam is inadequate- favorability has nothing to do with it. An exam is inadequate if the doctor doesn't answer the questions, or doesn't answer them with rationale. That's it. Problem is that what veteran's sometimes think is adequate rationale isn't based on the ratings schedule, or in some cases is worded in such a way that its unclear if the doctor is saying its favorable or not. This goes for private C&Ps, too. OR the lay statements of the veteran, their doctor's nexus, don't align with what is in the existing VAMC treatment records or STRs, etc. Ive got records of my own where a doctor says something that sounds favorable in one paragraph, but in medical-ese it means the opposite. There are some online dictionaries around for medical terminology- skim through them when reading your records. It helps a lot. 

I can usually spot these, where a doc somewhere else does an exam IMO having never seen the veteran or a bunch of stuff in the existing records and then writes up an opinion that isn't congruent with other evidence. This is why all you guys/gals need to download your VAMC medical from MyHealthVet or get them for a date-range from Release of records. That way your doctor isn't lying on the form at the top where it says "ive reviewed the veterans X,Y,Z records. 

Ive sent claims to rating where the veteran refused exams that were still granted claims. So long as I can annotate enough existing evidence in the existing record I send it. I dont get too hung up on if it will get deferred back to me for needing an exam (lost accuracy points for me) because 1. I'm pretty good at arguing my case, I did this for myself and others for years before working at VA, and 2. because if its deferred for needing an exam the Rater has to cite why with a reference to M 21-1 which means that I learn something that I didnt know to apply to the next one. 

[Mr cue]

So like I said is up to the person who processing the claim. If a exam is inadequate

If they keep are going to keep ordering exams.

So it a judgement call for them.

Like I said one min it is if you refuse there exam after they order exams they will denied your claim.

And not address it.

Now it's we can send it to a rater.

And no one can see the problem here smh.

Like I said I will be adding this to my appeal to court.

I have been send to 9 comp exam claim has been differ two times.

And remand by the court and they still trying to order exams.

When does it end.

 

[brokensoldier244th]

No, nothing has changed. You can refuse an exam. They can schedule them, you refuse enough times then your claim goes to rating. If there is not enough credible evidence it gets denied. If there is, its granted. I'm not sure where you see that some shift in policy has occurred. Inadequate exams are defined in M21-1, also.

Raters, and the number of claims they have, rate, complete, or kick back, are all evaluated also. Its not just my decision or the rater's decision. Its not different than any other office where someone- bank lender, insurance determination, whatever operate. At some point someone makes a decision. Sometimes you aren't going to like that decision. If the examiners do not answer the ratings questions correctly or write something that is conflicting then yes, its going to get sent back. An insurance company would do the same thing. This is not unique to just the VA. 

 

[Mr cue]

Thanks for the info.

The va isn't a insurance company so I don't think that will help a veteran.

I understand some ppl feel the va follow the law. I am not one of them.

So to tell me that the va need 9 comp exams for the same condition.

Make no sense and I am been told that they can do that so I should relax. Lol..

Like I said it's a judgement call.

If the claim will be process or denied because the veteran refuse there exam.

I have seen to many decisions the veteran miss exam denied. Veteran denied exam denied.

There is no evidence use in these.

So they were not process because of the exam.

Last you stated you send them to the rater there is no rule or law.

So this doesn't mean everbody does this 

So that is a judgement call also.

 

 

 

 

 

 

 

Thanks for the info.

The va isn't a insurance company so I don't think that will help a veteran.

I understand some ppl feel the va follow the law. I am not one of them.

So to tell me that the va need 9 comp exams for the same condition.

Make no sense and I am been told that they can do that so I should relax. Lol..

Like I said it's a judgement call.

If the claim will be process or denied because the veteran refuse there exam.

I have seen to many decisions the veteran miss exam denied. Veteran denied exam denied.

There is no evidence use in these.

So they were not process because of the exam.

Last you stated you send them to the rater there is no rule or law.

So this doesn't mean everbody does this 

So that is a judgement call also.

 

 

 

 

 

 

 

Thanks for the info.

The va isn't a insurance company so I don't think that will help a veteran.

I understand some ppl feel the va follow the law. I am not one of them.

So to tell me that the va need 9 comp exams for the same condition.

Make no sense and I am been told that they can do that so I should relax. Lol..

Like I said it's a judgement call.

If the claim will be process or denied because the veteran refuse there exam.

I have seen to many decisions the veteran miss exam denied. Veteran denied exam denied.

There is no evidence use in these.

So they were not process because of the exam.

Last you stated you send them to the rater there is no rule or law.

So this doesn't mean everbody does this 

So that is a judgement call also.