Why is VA Scheduling a CP Exam for a 20 year old NOD

[GulfWarVet1990]

Good evening. 

2003 submitted a claim, majority Environmental Hazard conditions - Southwest Asia 

2 out of 10 were granted. The rest denied. Submitted an NOD

A few weeks ago I received a letter from VA. They acknowledged receiving my NOD 20 years ago and also acknowledged that no further action was taken on their part on my legacy appeal. 

Basically they let the ball drop on my other claims.

Today I received a call from Veterans Evaluation Services to schedule an appointment for the remaining unadjudicated claims. 

I am grateful they have finally acknowledge my claim, just wondering what should I expect after 20 years?

Best way to manage C&P exam?

Has experienced this before and can share sage advice.  Thank you. 

 

 

 

[broncovet]

The VA is supposed to do a c and p exam in at least these circumstances:

1.  To determine the etiology of the issue, that is, if its SC or not, and, that evidence is not in the file.  

2.  If/when an etiology(aka nexus)  is already in the file, but the symptomology for rating is not documented.  

     If a Fenderson (staged rating is indicated, those symptoms will need documented.  

Since you were scheduled for an exam, that indicates:

A.   You have at least 2 of 3 Caluza elements.  In other words if you dont have an "in service event"(or aggravation) for the item claimed, there can be no nexus.  

B.  OR, the VA has all the Caluza's and is documenting symptoms for a rating.  

      The above, in my opinion, means there is a good chance your benefits will be awarded, "Unless" you get an unfavorable C and P exam.  

     My advice is to get a copy of the c and p exams asap.  And, make sure you know the "Doctor" examining you''s name.  

     Why?  Because sometimes the VA sends you to an exam when the examiner is not qualified to render a professional opinion.  As an example, a MD is not an "expert witness" if he has no training or expertise in your malady.  If this is the case, then you should challenge the competency of the examiner.  Your examiner should have serious training and experience diagnosis and treating your kind of illness.   The VA sent me for an exam to an MD, with absolutely "zero" knowledge or experience in sleep medicine, for example.  She is not competent to opine on the etiology of my OSA claim, as she has no experience.  

[GulfWarVet1990]

Thanks pacmanX1 - please excuse I missed your second response "if awarded". 

Edited March 11, 2022 by GulfWarVet1990

[Vync]

On 3/10/2022 at 11:13 PM, pacmanx1 said:

The rating could be a Fenderson Rating (Staged Rating)

I had the VA use the Fenderson approach one time. When assigning the rating, they used the evidence over time to determine my rating.

[pacmanx1]

1 hour ago, Vync said:

I had the VA use the Fenderson approach one time. When assigning the rating, they used the evidence over time to determine my rating.

I totally agree but what a lot of veterans’ misses is the regulation where it states a veteran can/could be rated for a particular/certain rating for the entire time involved. I currently have a pending appeal in for a corrected rating percentage. Since my appeal was directly service connected to my military service and the BVA stated that my lay statement has been consistent, credible and that are the same as when I first complained while on active duty, so I am going for the maximum rating possible.

According to 38 CFR 3.156 (4)

(4) A retroactive evaluation of disability resulting from disease or injury subsequently service connected on the basis of the new evidence from the service department must be supported adequately by medical evidence. Where such records clearly support the assignment of a specific rating over a part or the entire period of time involved, a retroactive evaluation will be assigned accordingly, except as it may be affected by the filing date of the original claim.

 

[Mr cue]

There is also the pending claim doctrine.

A pending appeal become final if there is a appeal decision for the same condition that was granted on appeal. During the pending appeal.

A appeal decision is a dro decision or bva decision.

But the VA will still try to stage rate.

I when through it with the 8 years retro extra scheduler tdiu.

I just choose to let it go.