? 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]

I understand your are fine with the way thing are working now I am not.

This doesn't address anything for a veteran.

It even gives the va a chance to say your claim does even have evidence to order a exam.

It really seem one sided.

If the va find it necessary what if the veteran find it to be unnecessary.

 

 

 

 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:

[Mr cue]

I understand your are fine with the way thing are working now I am not.

This doesn't address anything for a veteran.

It even gives the va a chance to say your claim does even have evidence to order a exam.

It really seem one sided.

If the va find it necessary what if the veteran find it to be unnecessary.

 

 

 

 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:

[Whodat]

5 hours ago, brokensoldier244th said:

The reason for the denial is clearly stated in the denial letter. If there isn't enough evidence and then the veteran doesn't go to the exam, it says that. (?) That's why its generally in the best interest of the veteran to go. 

 

If you have had 9 exams for the same condition- have you asked "why?"  The notes in VBMS would likely say something about that and the reasoning. Your VSO can look it up, and the phone people can see the notes portion, though they cannot see the entire claim. Without knowing why they have sent you 9 times I have no idea. Ive not seen that many before. 

Doesn't make any sense. The VA will spend tax dollars and order many exams. Paying tax dollars for exams. Down the road the vet won the appeal, the VA wasted tax payers money. 

[brokensoldier244th]

3 minutes ago, Mr cue said:

I understand your are fine with the way thing are working now I am not.

This doesn't address anything for a veteran.

It even gives the va a chance to say your claim does even have evidence to order a exam.

It really seem one sided.

If the va find it necessary what if the veteran find it to be unnecessary.

 

 

 

 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:

Then I guess you will have to change a whole host of federal laws, Cue. You want disability benefits, there are the rules and hoops. Do I agree with all of it? No. Do I think its bloated from over 100 yrs of veterans receiving compensation, and laws and regulations being added on top of laws and regulations? Yes. What do you want to hear? 

[Mr cue]

I can't seem to be able to post the remand for my loss of use but it is on hadit.

It was remand for a exam because a examiner gave all the evidence.

But they didn't say I have loss if use on the report.

So after 8 comp exam a specialized loss of use exam.

They order more exam.

What is the law on how many exam the va can order. Is it unlimited.

 

[brokensoldier244th]

3 minutes ago, Whodat said:

Doesn't make any sense. The VA will spend tax dollars and order many exams. Paying tax dollars for exams. Down the road the vet won the appeal, the VA wasted tax payers money. 

The frequency of requested exams, whether C&P or re-examinations is considerably fewer now than it was 5, 10, 20 years ago, as records have become electronic (tens of thousands less). Some veterans claims fail because you literally can't read their records and neither can the examiner- either because they deteriorated or because corpsman don't know how to write in English, much less readable English. Sometimes the examiners themselves that get the claim are not well trained, or outside of their specialty. There is a finite number of examiners and VA can't just make them work for VA.