? 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]

4 minutes ago, Mr cue said:

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.

 

You said yourself- they didnt answer whether or not it was loss of use. The Ratings schedule says 'loss of use'. Raters are not legally allowed to pass medical judgements. If the exam asked for X and the examiner didn't put it on there, then the exam is not sufficient because it didnt answer the fundamental question. So, yes, we order more exams, or a different examiner, because the laws say we have to. 

[john999]

Mr. Cue

 

               Go for your exam!  If you don't you will be screwed.

[Carl the Engineer]

I can add this.  Before third party C&P exams.

Go to the exam.  1 claim gets service connected and one is referred.  Go on MyHealthyVet and take a look at the exam, and then you could see that a rater asked the examiner to opine on this or that, but you could see what was missing on the original C&P exam, and then you could see the examiner address the raters question.  

Or, the rater referred one of the claims and he/she sends it out to a different facility that specialized in that area, and again, you could go on MyHealthyVet and see what the new place had to say, etc., etc.

I  had on go to three different raters, before a decision was made.  Each time coming back to the original examiner to opine on something that was not commented or marked in the exam and I could see what was going on.

Remember, this is when everyone worked for the VA and was in the same system.  Now, with third pary exams, you cannot see or track your progress on MyHealthyVet.

They (VA) should not get rid of any system unless the Veteran says so.  Just yesterday myVA said I had to go back to the Ebenefits site to see something.  And on Ebenefits, it says to go to myVA to see other things.  Appearently, the new system is not designed to replace the old system completely.  And when it does become the only one, the Veteran looses out again.

Less information is better for the VA, and not the Veteran,

Hamslice

 

[Carl the Engineer]

Oh, I forgot, I agree with John, go to your exam.

Cue, I beleive your problem is you can't see what is going on with why they are asking for all these exams, which of course, makes a lot of sense.

Wouldn't it be nice if they would send you a letter saying, we need you to go to another C&P exam, because at the last one, your x-ray did not turn out, or we need a different view from a different angle.  But, no, they give no reason or what/why.

I feel your pain,

Hamslice

But, go.  They're just looking for something to dump you.

 

[Mr cue]

Ok since we are back on why I refuse a exam.

I wrote that I did want anymore exam and I would like the decision based off my record. When my case was remand by the court.

The judge still order more exams even stated if I refuse the exam. 

To make a medical opinion on the record.  If i have loss of use

The rater is to make the determination by law.

So why order more exams?

 

Responsibility for Determining LOU The responsibility for determining whether there is loss of use (LOU) of an extremity

 

• rests with the rating activity, and

 

• cannot be delegated to the examining physician.

 

c. Information to Request From an Examiner to Determine LOU When requesting an examination to determine LOU of an extremity, ask the examiner to furnish a

 

• detailed objective description of remaining function

 

• quantitative assessment of strength for each extremity involved, and

 

• description of any pain that affects use.

 

Do not request that the examiner

 

• determine LOU, or

 

• express an opinion as to whether there is, or is not, LOU of an extremity or extremities.

 

Note: If LOU cannot be determined upon review of an examination report, request an appropriate specialized examination.

 

References: For more information on

 

• considering functional loss due to pain in claims for SMC, see Tucker v. West, 11 Vet.App 369, 374 (1998), and

 

• requesting a specialist examination, see M21-1, Part III, Subpart iv, 3.A.6.

 

d. Determining the Extent of Examinations in Claims Involving SMC Under 38 U.S.C. 1114(l) Through (n) Exercise considerable care when requesting examinations in connection with claims involving SMC under 38 U.S.C. 1114(1) through (n).

 

Example: A prior examination clearly established LOU of both lower extremities at a level preventing natural knee action. Do not request a complete medical examination if the only issue in question is the extent of involvement of one or both of the upper extremities. Instead, request an examination with a notation that the examination be restricted to the degree of functional impairment of the upper extremities.

My case is a cavc remand by law it not a do over for the va.

 

Mariano 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)

Might also look at:
Adams 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 1322.”

So is the remand and exam to make up for the va shortfall yes.

I will try to post the judge remand order for loss of use.

I can't seem to be able to copy it from my loss of use post. And put it here