I Think Not

[63Charlie]

 

Instead of developing evidence for the feet and ankles claims I recently filed (neuropathy, secondary to my service connected pes planus and arthritis), the VA now wants me to have a General Examination by QTC.

Makes no sense at all to me.

I'm not interested in having the VA open all my P&T disabilities to scrutiny because I filed these new secondary claims.

Anyone have some solid advice to offer?

 

 

 

[blahsaysme2u]

12 minutes ago, broncovet said:

Do as you please..its your benefits.  

 

Others have refused exams, and Im unaware of a single Veteran who has gotten additional benefits by refusing exams.  If any have, please post your results.  

 

 

 

    

i didnt refuse but i pointed out that they were examining wrong leg and foot for the claim i had submited....the VA took that as a refusal for exam; when i win this i will post my results so you have your first example

[broncovet]

Good luck with that.  Tbird and myself gave you advice consistent with lawyers and professional Veterans advocates, as I will explain, below: 

CCK law agrees with Tbird and myself that you should go to exams:

https://cck-law.com/veterans-law/can-i-lose-my-va-benefits-if-i-don-t-attend-my-cp-exam/ 

Further, VA employees and examiners (including contractors) are given a presumptive of regularity.  Example:

 

https://attigcurransteel.com/veterans-law-updates/va-medical-examiners-competence-presumption-rizzo/

This means that VA employees, and VA docs (including contractor exams) are assumed to be correct and doing their job correctly.  

Yes, we can challenge the competency of an examiner.  Example: https://cck-law.com/blog/how-to-challenge-va-cp-exam/

Its my opinion that CCK law, Attig Steele would not give advice to VEterans which they did not think was in their best interest.  Remember, when you hire CCK law or one of the others, their payment is also based on results, so they have a personal interest in the Veteran getting the largest retro possible, and doing things which will likely get that. 

If "refusing exams" led to a better outcome, we would be seeing Vets all over refusing c and p exams to increase their chances

Edited September 21, 2022 by broncovet

[Mr cue]

Ok everybody has there own way of handling things.

I choose not to play the exam game it has nothing to do with reduction because I am 25 year protected

It has to do with let the VA try to find a doctor to give a unfavorable medical opinion.

Here is the example I refuse any more exam after the court remand my case the first time to bva.

The judge want to get this opinion in my record so bad that he write of I refuse a exam get a medical opinion

Well they private contractor wouldn't give a opinion without a exam.

The board denied the appeal did address any of my evidence in there denial.

The court Just remand it back to the bva to address my favorable evidence.

I even example the VA game with open all your disability when you apply for smc benfits.

I withdraw ever exam order for my condition.

An I received a exam for smc benfits and was granted smc l.

Without accepting the exam for all my disability.

To each it owe but I am not fight these bugos exam. That will be a whole new fight.

Like I said if this is your original claim from service you have to attend the exam.

But if you have a 10 15 25 year record and they refuse to address it and order new medical opinion to put in your record I will fight and denied the exam.

 

 

[63Charlie]

36 minutes ago, blahsaysme2u said:

i didnt refuse but i pointed out that they were examining wrong leg and foot for the claim i had submited....the VA took that as a refusal for exam; when i win this i will post my results so you have your first example

I'm similarly situated.

Called the VA Whitehouse and dictated my message to them over the phone that I had submitted online on a VA form(file)  stating my objection to opening all of my static claims for review under a general examination.

If the VA needs a C&P exam, I argue it should focus only on the new claims as it was never for an increase in my static disabilities.

I think the VA hungers for another bite at that apple by sending me to a bogus C&P exam on my static disabilities.

 

This is wrongful, and irregular, and that is the very reason vets are afraid to file new claims.

They fear reduction of their benefits.

[Mr cue]

18 minutes ago, 63Charlie said:

I think the VA hungers for another bite at that apple by sending me to a bogus C&P exam on my static disabilities.

 

This is wrongful, and irregular, and that is the very reason vets are afraid to file new claims.

Well many will tell the veteran the VA has rules for reduction.

An if they do a reduction you can fight it.

Well I am from the school I am not get set myself up for a fight that I might lose my benfits or fight for year.

That why I wait until I was 20 year protected to fight for the smc benfits that should have been inferred in my case since 2001.

I understand the game and just like I thought when I did the claim for my back smc benfits.

There 3 notes in my record asking for a reduction.

All told I am 20 year protected.

Crazy part they were try to open all my disability to do it.

The law is ever time a veteran put in a increase rating claim. Smc is to be inferred or  look at the VA has the duty to maximize your claim. Even if you don't ask for it.

If you have to apply because they didn't do it.

it's not part of a increase rating. An they can't open all the disability because you apply.

They have to address the record an any increase rating decisions that were made in your case. Cavc just ordered this in my case.

Just point this out to watch for.

I just refuse to have another fight Over a comp exam that shouldn't have been ordered.

Many feel different.

An I will say it again if it is a original claim from service. You need to attend the exam never refuse to get a proper decision.

My advice is not for that purpose maybe I need to clear that up

 

[blahsaysme2u]

33 minutes ago, 63Charlie said:

I think the VA hungers for another bite at that apple by sending me to a bogus C&P exam on my static disabilities.

agreed....my right leg and foot have been SC since 2008....but they denied my left leg...i only want them to examine my left to determine if that denail was wrong- which in my eyes was since i broke both legs and feet in the same incident...if my right leg was SC and i have pain and limited use in both legs from the same event both should be SC-maybe not the same % but at least SC....they have been delaying this claim since 2012 when i reopened this claim with the records i found that were not addressed in the 2008 denial...
delaying is the name of the game...more exams and more wasted time and useless appeals only to be sent for exams again(when i have already had a favorable one keep in mind that said my left leg and foot was injured in service and "least as likely" pain and limited use is from this....but they keep xraying and requesting exams for no reason other than to fish for a different answer IMHO