HERE WE GO AGAIN

[blahsaysme2u]

here we go again. someone please help me. i know this has been talked about already but serious guys i am so fed up and i dont know what to do!

i have a favoable exam from 2020 showing SC from a C&P exam(by VES) that the VA sent me to.

 

last year they attempted to have me re-examined over and over again but kept scheduling for my right leg and foot...the claim was for the left leg and left foot...finally the cliam was denied beacuase the last exam i attended after comfirming that the exam was for my left leg with the VA, i found out from the doc upon arrival that it was in fact for the right leg again and was told to leave. the VA said i refused the exam and denied the claim.

i reopened the claim. now they are sending me back for re-exam, when there is already an exam on record, in my favor along with medical evidence showing nexus. 

HELP! this has got to stop! 

[Mr cue]

2 hours ago, blahsaysme2u said:

i think what im going to do is call and find out if i can request an exam by the local VA medical center instead of contractor....or

I did this also and they started trying to order a ace exam.

Qtc lhi nobody would do the ace exam .

They never send it to the VA.

I hate it to.

I am like you I don't want no more exams 8 comp exams is just crazy to me .

 

Good luck you have some thinking about how you want to handle it.

[pacmanx1]

12 hours ago, blahsaysme2u said:

look above at this entire post....the exam was adequate....there is no reason for the exam

Veterans that are in appeals should understand that if they get or have a favorable medical exam, it’s likely or prior to being granted service connected or an increase in rating, the VA may still request an updated medical opinion/exam. Why, during the appeal process, their symptoms/disability may become even worst which would cause the veteran's rating to change over time. The VA is not always doctor shopping or developing to deny, even if they were a veteran must have evidence to prove this. In a lot of cases medical exams/opinions that are eight to twelve months old could be considered too old to rate a current disability. Disabilities over time change and it is the VA’s responsibility to rate the veteran’s disability as closest as possible to the current level of rating for the entire time of the appeal. So, if you have appealed and have a favorable medical opinion, the VA may still request an updated medical opinion. Regardless of the veteran’s rating an updated C & P exam could increase the veteran’s rating including a SMC rating. You don't want the VA to cheat you out of retro benefits and the VA doesn’t want to overpay your retro benefits.

[Mr cue]

Ok we have posted the oig report

Which shows the VA are and is ordering unnecessary comp exam. There is a problem.

Now I don't understand why ppl are not try to help veterans fight the problem.

Or give advice on how to take care of the problem.

This isn't about anyone feeling.

The oig said there a problem. An there seem to be a lot of veterans posting about the problem.

Now in my case I apply for smc benefits.

I had 8 comp exams and they will not address not one of them.

Here is one of the rules on smc benefits

 I don't think 8 comp exams and still trying to order them would be using considerable care.

IV.ii.2.H.1.d.  Determining the Extent of Examinations in Claims Involving SMC Under 38 U.S.C. 1114(l) Through (n)

 

 

Exercise considerable care when requesting examinations in connection with claims involving SMC under 38 U.S.C. 1114(1) through (n).

I will post the law that cavc remand are not do over.

got find it. Which means they can keep ordering exams.

I had a cavc remand we're the bva judge got it an said I improve and order more exams.

I am sit here waiting for two bva judges to remand my cases again.

AN I will bet that they remand again for more exams.

the VA can't keep moving the goal post.

[blahsaysme2u]

as has been stated before as well:
 

Quote

 

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.ii.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 CAVC 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)).

 

 

i used this same language in my letter requesting adjudication of my claim based on the favorable exam. its very frustrating that they ignored this exam, and keep trying to take bites of the apple
the arguement that its an old exam and need to make sure to: 

6 hours ago, pacmanx1 said:

rate the veteran’s disability as closest as possible to the current level of rating for the entire time of the appeal.

is hogwash- they could have done that when they had the first exam that showed service connection...they could have done it when i appealed the denial(all within a year) its a delay and then fishing expedition...and its bs..
 

[Mr cue]

Yes it is these days

They don't even send exam reports back they order all new exams now.

Before they didn't make veterans do this many exams.

But like the oig report say there is no one tracking this.

So once a rater order exam the case go back in the que. 30 day  hold.

Happen to me for 5 month of shopping my case.

Yes it getting out of hand.

[Mr cue]

Last think I think these comp exams would fall under the VA duty to assist.

My thing is when can veteran say they no longer need there assistance.

An say they no would like a decision based on there record and exams.

Been looking for a case