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Be Proactive, help yourself win: ReExams, inadequate exams.

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broncovet

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Sometimes, its hard for the Veteran to know "what is missing" in his c and p exam.  

To find this out often requires a very experienced Veterans advocate and a review of your Cfile.  

Often, your decision wont tell you what is wrong with your exam, you just get denied, or perhaps you may get a reasons and bases like, "There is no record of a link to military service".  

To "fix" your claim, you may need to review your file, and understand what is necessary for the exam to be favorable and productive.  

Refusing another exam is a ticket to either a denial, or the hamster wheel.  To get off the hamster wheel, find out what is wrong and fix it.  

Think of it of your car broken down.  "Somebody" needs to figure out the problem and often get a new part to replace the broken part.  Continuing to drive a car with a broken or worn part, is unlikely to result in safe, reliable transportation.  

In the same way, your exam may have something missing or broken. 

Some VA employees "just deny" the claim, while others call for a re exam, which is often a favor to you, preventing you from long delays with appeals.  

Its highly unlikely that there is some conspiracy among multiple VA employees to send you to multiple exams for no reason, reminding you that your claim is often viewed by multiple multiple VA employees, often from different regional offices!  

Instead of refusing exams and ensuring long delays or hamster wheel remands, diagnose what is wrong and fix it.  

If you are not sure how to do this, you can post your exam on hadit, and some experinced people who understand what it takes to make an exam adequate may be able to help you.  Or, find a very good Veterans advocate, perhaps an attorney, or sometimes even a PRO VSO who gets it.  

Here is one example of how a claim got to the CAVC with an inadequate exam, and how it was discovered by a professional law firm:

https://cck-law.com/blog/board-relied-on-inadequate-va-examinations-to-deny-veterans-claims-court-finds/

Assuming the last exam was adequate rarely works, if you want to be proactive on your claim, dont guess, but instead study, review, and get help if necessary.  

 

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7 hours ago, broncovet said:

Think of it of your car broken down.  "Somebody" needs to figure out the problem and often get a new part to replace the broken part.  Continuing to drive a car with a broken or worn part, is unlikely to result in safe, reliable transportation.  

this is great example...but when my mechanic keeps replacing the same part or diagnosing the same issue, its time for something different...

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Yep.  If your mechanic keeps replacing the same part, it just may be time for a new mechanic!!!

My mechanic is great and I plan on keeping him.  He is a bit pricey but gets the job done right the first time.  

He wont cut corners such as replace "1" brake pad, its either in pairs or send the job to others.  

Ditto for wheel bearings and the rest of the stuff.  

Berta used to say if you dont have PTSD, you will when you get done dealing with VA.  

Of course, once you find "someone" in the VA who deals with you fairly, and does a great job, its a good idea to stay with them when possible.  

I found out there are some key doctors, for example, that want to help Vets.  I lucked onto one, but that was only after getting frustrated with  about 10 that were not so good.  Its often trial and error, with doctors.  

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19 minutes ago, broncovet said:

Berta used to say if you dont have PTSD, you will when you get done dealing with VA.  

Of course, once you find "someone" in the VA who deals with you fairly, and does a great job, its a good idea to stay with them when possible.  

both of these statements are so true! 

some va docs are just wonderful...and in general i love my VA care and very fortunate/thankful for having the it...its dealing with this side that infuriates me- when the VA starts having to deal with deciding financial costs of things, instead of what's right and true and best for the veteran, thats when they fail at healthcare- and no where is that more true than the benefits/comp side of the VA.

 

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When you get to the VBA the happy face of the VA changes into a snarl.  Many people dealing with vets on the financial side consider vets to be gold bricks, fakers, and frauds.  This true in many cases. They despise us.  Many are envious of us because we get benefits they wish they had.  Many just don't give a damn.  If you starve so what?

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