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?

 

 

 

[Mr cue]

21 hours ago, 63Charlie said:

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.

See this might be the reason for the general exam.

Because it is been claim as secondary to the other condition.

I could be wrong but if that the case they might have the right to those exams of the other condition.

I have never done a secondary condition claim. So I don't no all the rules.  May others do

[pacmanx1]

1 hour ago, Mr cue said:

The judge wants to get this opinion in my record so bad that he writes of I refuse an exam get a medical opinion

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

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

And there it is all in your decision, “Additionally, the Board notes that more recent VA treatment notes suggest a change in the Veteran’s condition. For example, in March 21, the Veteran denied weakness in his hands, reported that he was not dropping things, and reported only intermittent numbness in his left hand and fingers.

Given the foregoing, the Board finds that remand is necessary for an examination and an opinion as to whether the Veteran has the functional equivalent of loss of use of his left hand and/or arm.”

You say that you refuse to attend any new exams but according to the Board as of March 21, you have recent medical records that supports a denial and even if this is not true these records are the ones they are focused on and you need something else to balance out your evidence that shows that you also have records that supports your claim for a higher rating and without that you are going to be going in circles.

Keep in mind that with this already in your records no rater will grant/award or even want to give an opinion on if you qualify for an increase without additional medical evidence or a new medical opinion. As stated before, even though it may not be true, it appears that you do not qualify for the higher rating, and it is possible that you may be lying or trying to force the VA to make a decision in your favor that you do not deserve.

This has nothing to do with a reduction but everything to do with denying any type of an increase without additional or more recent medical evidence. You may very well qualify for an increase, and you may very well have the additional evidence in your records but as for this instance that evidence or medical records has not been reviewed.

Edited September 21, 2022 by pacmanx1

[broncovet]

We will see how it works out for those advocating "refuse a c and p exam".  

Probably, places like CCK law already knows what happens when you refuse a c and p exam.  https://cck-law.com/veterans-law/can-i-lose-my-va-benefits-if-i-don-t-attend-my-cp-exam/

Instead, I like my benefits, and dont want to risk any of them by refusing a c and p exam.  

It looks like CCK law agrees with Tbird and I because they said:

Quote

There is a chance you could lose your VA benefits if you don’t attend your C&P exam. You should make every possible effort to complete this exam. If you are unable to attend your C&P exam, you must inform the U.S. Department of Veterans Affairs (VA) as soon as possible. You can do this by calling 1-800-827-1000.

If you are scheduled for a Compensation & Pension (C&P) exam, it is extremely important that you attend. If you do not attend, there could be consequences depending on the type of claim you have pending. For example, both initial claims and increased rating claims will likely be denied.  Additionally, if you fail to attend a C&P exam that VA scheduled after proposing to reduce your disability rating, VA will likely move forward with the reduction. The important thing to remember is that you will never improve your chances of receiving or keeping your benefits by missing your C&P exam.

quoted from cck law, above.

[blahsaysme2u]

i just want to reiterate- i am not proposing refusal of exams- but multiple exams for the same condition where favorable exam has already been supplied is a fishing expedition by the VARO- this is unmistakable and CCK links you provided make no mention of this specific situation- only that exams are necessary to get facts for case and refusing can cause a denial- which i agree...
allowing the VBA and VARO's to continuously request exams for a claim, is just a delay tactic and part of the "hamster wheel" we have all so affectionately termed it.....but as my lawyer put it "allowing the VA to keep delaying or looking for a different answer than one that was already given, is giving them power they dont have per the regulations"

i always appreciate your input and i see where you are coming from...but my claim in particular has been delayed so much only bc of unnecessary C&P and a stand needed to be made- yes they denied my claim when i showed up for the last exam and the doctor confirmed he was examining the right leg and foot- after understanding the claim was not for the right but left told me to leave and he would send back to the VA...yes they denied for this- but how much a different outcome if i had allowed the right leg to be examined for a left leg claim? it would have been even more delayed when the VARO realized that that the right leg exam had nothing to do with my claim and would have to setup another C&P...is there a difference(in the delay) in having them deny the claim and reopen with NOD explaining such? 

 

[pacmanx1]

23 minutes ago, blahsaysme2u said:

I just want to reiterate- I am not proposing refusal of exams

In your particular case I believe there is a big difference. I believe I got lucky, I posted that I submitted two different claims for EEDS, and the VARO scheduled me for two different claims for increase to check the status of my current severity of my disabilities. I explained to both my C & P examiners that they were the wrong exams because I was already maxed out in my rating percentages and my claims were for earlier effective dates. Instead of cancelling my examinations/appointments or rescheduling my appointments both examiners completed the exams, but they noted in the exams that I had/have medical records that supports my claims for the earlier effective dates.

To make a long story short they both wrote very favorable medical opinions that the VARO completely ignored and continued my ratings as is, but the BVA has already partially granted one of my EEDs.

In your particular case, you are trying to get the VA to realize that they ordered the wrong exam and requested an exam on the wrong leg which makes no sense, and someone should have caught this and most likely your appeal will be remanded for a proper examination not that you refused the proper examination. The examination for the wrong leg should never have been ordered.

[Lemuel]

58 minutes ago, broncovet said:

We will see how it works out for those advocating "refuse a c and p exam".  

Probably, places like CCK law already knows what happens when you refuse a c and p exam.  https://cck-law.com/veterans-law/can-i-lose-my-va-benefits-if-i-don-t-attend-my-cp-exam/

Instead, I like my benefits, and dont want to risk any of them by refusing a c and p exam.  

It looks like CCK law agrees with Tbird and I because they said:

quoted from cck law, above.

I am with Bronco and Tbird although I did refuse to go to a C&P during the pandemic. At 79+ with other healt problems, it was not worth the risk of keeping the appointment for an examination that would just have to be remanded again.  

I notified the VA by calling and there is a contact report stating my reasons.  That the examination was a remanded examination but the orders for the examination were the same (according to the physician's office) as the orders were for the examinations prior to the BVA remands. 

The specific orders for the examination in the remand was not followed by the DRO in his orders to the examiner until I filed a mandamus complaint to the CAVC.  Then in a CYA, the DRO printed the proper orders in an undated order days after the evidence in the file were printed by me and filed in my CAVC complaint. 

Still the CAVC ruled against me because the CAVC does not have fact finding jurisdiction. The dispute must be fact found by the BVA.  The CAVC recommended that I file a legacy appeal to the BVA which is where I am now without any opinion or remand but rather only the denial based upon jurisdiction.

At least the next examination order will likely be a copy of the proper undated order.

I think I copied and attached this in one of my own question posts.

Edited September 21, 2022 by Lemuel
left out definitive phrases