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]

1 hour ago, brokensoldier244th said:

You could have done that with less overhead by just calling the VA directly, or a 21-4138 indicating the oversight. *shrug*

 

nope....

remember my post from months ago where i claimed my left foot and VA kept sending me to c&p for my right foot that is already SC? i called peggy many times to explain and request the exam be done on my left foot...the last exam, peggy told me the exam was for the left foot and it had been corrected- i went to the doc and he said the request from the va was to examine my right leg and foot for SC increase...no such claim was ever submited...after explaining this to the doctor he told me he would notify the VA of the error

month later i received denial letter saying i refused the C&P exam...

whitehouse hotline is best bet and wish i had done that to begin with.

[Lemuel]

1 hour ago, Mr cue said:

This is the thing they don't want you to complaint to Whitehouse hotline because it is track.

If you would have done the little 1800 inquiry they will respond when they feel.

They have to respond to Whitehouse hotline.

Veterans need to use it because they will soon try an take this away 

My experience with the VA hotline is they contact the lowest line individual to call you back which does not help because that lowest line individual cannot do anything about higher up misdeeds or mistakes.

[Lemuel]

45 minutes ago, blahsaysme2u said:

nope....

remember my post from months ago where i claimed my left foot and VA kept sending me to c&p for my right foot that is already SC? i called peggy many times to explain and request the exam be done on my left foot...the last exam, peggy told me the exam was for the left foot and it had been corrected- i went to the doc and he said the request from the va was to examine my right leg and foot for SC increase...no such claim was ever submited...after explaining this to the doctor he told me he would notify the VA of the error

month later i received denial letter saying i refused the C&P exam...

whitehouse hotline is best bet and wish i had done that to begin with.

Too many ROs and DROs pass through their work by copying previous decisions.  They do not notice that your claim is for a different side or even for a different condition.  Still working on a lower back injury secondary to an absence seizure residual of my TBI SC.  No nexus in my military record because it is in the hospitalization for the MVA caused by the absence seizure which caused the back injury and the loss of my DL from 1990 to 2016 when I was finally treated for the temporal lobe epilepsy and had been more than a year without a temporal lobe epilepsy incident.

[Mr cue]

Listen everybody have different ways of handling there appeal or claim.

My take on all this exam stuff is this.

You can play the exam game an hope they get it right.

When they are ordering exam over and over I will take the denied an appeal it to the court before I sit there with all the games 

I did just that my claim was remand back to the bva by the cavc to address my favorable evidence. An let them try an order exams again I will denied them again 

I have had over 8 comp exam and they will not address not one because they were all favorable.

So they will address it sooner or later but I will not be fight one exam for my benefits.

Now if this is a veteran original claim from service I would never refuse an exam.

 

But we are talking about remand from bva and cavc.

Were they are still trying to order exam until they find one to use to deny your claim.

Last I care less were anyone work but to get upset because a veterans file a complaint an at least feel they got somewhere. Is the problem 

Last I am done with this I think everyone understand my opinion on the comp exam and if u have a problem with them.

 

Complaint to the Whitehouse hotline so your complaint can be recorded that is the way we change this.

Because we have no other type of contact with anyone at the bva or VA.

You can't tell me this wasn't done on purpose.

Soon as all this exam game came they cut direct line to bva. Smh

 

[Lemuel]

1 minute ago, Mr cue said:

Listen everybody have different ways of handling there appeal or claim.

My take on all this exam stuff is this.

You can play the exam game an hope they get it right.

When they are ordering exam over and over I will take the denied an appeal it to the court before I sit there with all the games 

I did just that my claim was remand back to the bva by the cavc to address my favorable evidence. An let them try an order exams again I will denied them again 

I have had over 8 comp exam and they will not address not one because they were all favorable.

So they will address it sooner or later but I will not be fight one exam for my benefits.

Now if this is a veteran original claim from service I would never refuse an exam.

 

But we are talking about remand from bva and cavc.

Were they are still trying to order exam until they find one to use to deny your claim.

Last I care less were anyone work but to get upset because a veterans file a complaint an at least feel they got somewhere. Is the problem 

Last I am done with this I think everyone understand my opinion on the comp exam and if u have a problem with them.

 

Complaint to the Whitehouse hotline so your complaint can be recorded that is the way we change this.

Because we have no other type of contact with anyone at the bva or VA.

You can't tell me this wasn't done on purpose.

Soon as all this exam game came they cut direct line to bva. Smh

 

Bronco, what do you think of my trial balloon?

I do not know how to advise on this one. 

I am trying a brief and motions to the BVA with statements of facts stated and referenced in the CD of my C&P file provided with the specific page numbers and quotes.  I will try not saying yes to the waver thing they always ask you for before a hearing and ask the Decision to be made on the record, my brief and motions.  That should end the BVA remand circle.

I clearly identified the repetition in the RO and DRO decisions indicating copping from the previous decisions as opposed to reading the remands and claims and including quotes from each of those in the decision.  Just broad statements referencing the claim, the appeal and the BVA decision.

As I said above, the DRO, in my case, reordered the examinations copying the limits of the previous examinations instead of reading fully the remand. 

My examinations were ordered with the same limits as the previous examinations and not as remanded.  I am back to the BVA with proof by emails and contact reports that the examinations were copies of previous examinations with the same limitations.  The one most indicative is ignoring the articulation of the thumb metacarpal with the carpal bones of the wrist as part of the wrist.  The thumb use is the primary disabling feature because of the ankylosis of the metacarpal, carpal joint of the thumb.  Fingers bend almost normally and are not defined as disabling.

The lumbar back disease is still being copied as denied because there is no nexus in my military medical file.  The nexus is in a 1990 hospitalization for an MVA that brought the confirmation of my temporal lobe epilepsy, ER entries about the back pain and description of the injury which was a left side T-bone MVA striking me just under the arm pit and hyperextending me through the seatbelt harness while holding my but into the blow by the lap belt.

[63Charlie]

Does anyone know if there is a precedential opinion by the CAVC or Fed. Circuit pertaining to unnecessary VA C&P exams?

I'd like to cite the relevant opinion to the VA when I submit my formal statement.

Edited September 20, 2022 by 63Charlie