"REFUSED EXAM" bahahahahaha NOT!

[blahsaysme2u]

im looking to those with experience with C&P exams and the raters....someone has royally messed up my claim and now i am starting from scratch for pain/loss of use in my left leg and foot. heres the story:

way back when- i put in a claim for bilateral knee/leg and feet. the VA couldnt find all my medical records...frustrating as it was they did eventually award my right leg based on some records they found. 

i found medical records to support the left leg and foot injuries(fractures that have since healed and now ache with arthritis like symptoms- tho i haven't been diagnosed with any arthritis yet) i reopened the claim going on 3 years ago with this new evidence(LOD and medical records showing removed from duty and put on profile for the fractures). the VA in all their wisdom saw this as a reopened claim for "bilateral knee/leg and fee" claim, even tho my right leg and feet/ankles are already SC. 

i have been to multiple C&P exams for this claim(and at least 5 have been scheduled in total) the first 2-3x the doctor evaluated my left leg and did the angles limited movement tests etc. the VA scheduled mayb 2-3x after those appointments to "evaluate the right leg and foot". i called PEGGY every time and confirmed what the c&P was for and explained i was not asking for increase in my right leg, my right leg is SC and i dont need any evaluation of that leg for this claim! they would cancel the appointment and reschedule and again it would be for my right leg. 

the last time i called they confirmed the appointment was only for left leg evaluation(saying that the previous C&P evals on the left leg are now out of date or invalid and i need a new one) so i go to the appointment. i get there and the doc starts evaluating my RIGHT LEG!!!! i flip. finally the doc says this is huge mistake bc he can see that the claim is for left leg but they ordered wrong thing and needs to be rescheduled. 

well the VA now denied my claim saying i refused the exam. 

WHAT DO I DO?!?!?!?!!? HELP PLEASE bc i am so done with this shite. this claim is not very much but it was one of the first claims i submitted in 2008 and i should get back pay for. also these 2 SC would give me 100% rating sooner than i was previous awarded and that would be extra back pay as well. i feel like i get 1 step forward in a win and 10 back in loses. 

@brokensoldier244th i know you have a lot of expertise in this. thoughts?

[Carl the Engineer]

The problem is, and I think, I just mentioned this in a different topic,

Is, that when the VA schedules the Veteran for another exam, and they (VA) does not say why.

It would be so much better for the Veteran's sanity if the VA said, "we need another exam because this or that was missing from the first exam".

But, no, the Veteran is in the dark,

Hamslice

 

[blahsaysme2u]

100000000000000000000000000000000000000000000%

 

[Mr cue]

I believe the problem is just what va inspector general said it is the va is wasting money and time with unnecessary comp exams.

O they will say why they need another exam on remand

Exam to old now the exam did say the left not the right.

The examiner did state you have loss of use. Etc.

And they will keep coming up with these reasons until they find the one that unfavorable.

 

 

 

[brokensoldier244th]

We've already reduced RFE exams to about half of what they were in the last few years due to analysis showing that many were unnecessary. I also agree that that they should inform the veteran if there is a need for a reexamination. 

As for the rest, the assumption that exams are ordered casually just to make the process take longer that's bullshit- any need for an exam has to be justified somewhere, and its all discoverable in court. I'm not trying to 'change minds' or apologize for the VA- Im not the one that needs to apologize for anything, I can only do what I do in my little part. I will, however, correct incorrect assumptions borne by being on only 1 side of things, whereas I have seen and been involved in both sides. It doesn't make me an expert, but it does give me a little more perspective. 

Im out of this conversation for awhile- work, and a furnace to replace tomorrow. See ya, gents. 

[deedub75]

2 hours ago, brokensoldier244th said:

No, YOU just say that. Many people see a problem with it. Just because it hasn't changed fast enough for you doesn't = it not being a problem. That being said, if you want claims decided based on DBQs that don't address all the issues adequately just because reexams make it take longer, well....

 

That's why there are reexams. We can't just schedule them arbitrarily. You make these sweeping assumptions about how you think it works that are not always correct and then get upset about it. 

I worked as a VSR for 2 years and I never experienced any of this. There was not anti-veteran sentiment and we did everything we could to help veterans. I never saw anyone purposely trying to screw over veterans. People don't realize how tough of a job it is and there are a LOT of errors made due to being constantly under the gun to get claims processed quickly and inadequate training. 

I wish there was a better way to correct errors made other than having to appeal them. 

 

[brokensoldier244th]

6 minutes ago, deedub75 said:

I worked as a VSR for 2 years and I never experienced any of this. There was not anti-veteran sentiment and we did everything we could to help veterans. I never saw anyone purposely trying to screw over veterans. People don't realize how tough of a job it is and there are a LOT of errors made due to being constantly under the gun to get claims processed quickly and inadequate training. 

I wish there was a better way to correct errors made other than having to appeal them. 

 

So do I. I know that some stations are going back to the 24 or 48 hr rule for VSOs to review a decision before finalization but its not rolled out to all RO's yet.