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VA can not Make you Take C & P Exams with the purpose of obtaining evidence to justify a denial of the claim
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Rattler
I will open up this can of worms....
VA policy: "Decision makers may not arbitrarily or capriciously refuse to assign weight to a claimant's evidence or develop with the purpose of obtaining
evidence to justify a denial of the claim" (M21-1 V ji.3.B.1.a). This prohibition was emphasized in a law review article published by the BV A: "additional evidence should not be procured for the sole purpose of
denying the veteran's claim" (1 Veterans L. Rev. 94 (2009)). Even CAVe has strongly affirmed this policy: "Because it would not be permissible for VA to undertake such additional development if a purpose was to
obtain evidence against an appellant's case, VA must provide an adequate statement of reasons or bases for its decision to pursue further development where such development reasonably could be construed as
obtaining additional evidence for that purpose" (Mariano v Principi, 17Vet. App. 312 (2003)).
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Rattler
I will open up this can of worms.... VA policy: "Decision makers may not arbitrarily or capriciously refuse to assign weight to a claimant's evidence or develop with the purpose of obtaini
Whodat
It's all a good point and I have learned a lot from this thread. Dustoff stated that how can you prove it. My question is once you have a c&p exam that's favorable, who does the ordering for
Mr cue
In my case I had two defer and 5 comp exams and a specialized loss of use exam. They didn't address's any of the exams. Because they were all favorable. I appeal to Cavc they remand the appeal ba
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