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Another good reason not to refuse a C and P examination

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broncovet

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broncovet Grand Master

broncovet

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I just noticed another great reason not to refuse a C and P examination.  

In summary, it was suggested this Veteran refuse an exam, because he already had a nexus.  

However, this Veteran had no symptoms documented!!!  Remember, we must have the Caluza elements, but we get compensated for symptoms which are documented!!!

Refusing an exam wont fix this..instead, it will likely result in denials or hamster wheel remands.  

Instead of refusing an exam, read the last exam, and try to figure out what is wrong.  

Some VA employees actually help us by NOT denying us with an inadequate exam, but instead send us to another exam so we dont take months or years more for long appeals.  

Arguing with VA about an exam or refusing the exam wont help.  Just go to the exam, and go prepared to give the doc necessary information to favorably complete your claim..

  White house calls wont help.  The white house can not fix an inadequate exam.  The CAVC cant fix one either.  Your doctor can fix this, however, only if you attend the exam!

Example:

Of coursse, also a good reason not to refuse an exam is 38 CFR 3.655:

https://www.law.cornell.edu/cfr/text/38/3.655

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john999
john999

I went for a C&P exam for my DMII and PN.  I was expecting an increase in my DMII,  but got a very significant increase for the PN.  If I had blown off the C&P exam I would still not have sche

broncovet
broncovet

There ARE "work arounds" to the high costs of IMO/IME's.   1.  Just tell the doc you cant afford it and ask if he can do it for less.   2.  See if your own VA doc will provide the needed nex

broncovet
broncovet

I just noticed another great reason not to refuse a C and P examination.   In summary, it was suggested this Veteran refuse an exam, because he already had a nexus.   However, this Veteran h

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Vync Grand Master

Vync

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Would the veterans' own lay statements not be sufficient to account for no symptoms being documented?

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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john999 Grand Master

john999

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I went for a C&P exam for my DMII and PN.  I was expecting an increase in my DMII,  but got a very significant increase for the PN.  If I had blown off the C&P exam I would still not have schedular 100%.  Under no circumstance would I refuse a C&P exam if the VA insists on it. C&P exams are like rolling the dice, but if you don't like them you can appeal.  I have appealed many exam results in the past. I have had some terrible exams mostly from VA doctors not the contract doctors.  Just go to the exam and tell the truth.  Don't get mad or dispute the doctor.  You can get your own IMO.  I have done that more than once.

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Whodat Experienced

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That is great info@john999, but getting and imo could be challenging to get. Most Vets, like myself can not afford to pay big money for an imo especially with today's inflation. 

If I had a way, I would open up a go fund me or something in that nature, let the vet borrow the money for a good imo, once the vet has gotten their increase put the money back in the pot for someone else but I am not in any shape to do that. 

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broncovet Grand Master

broncovet

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There ARE "work arounds" to the high costs of IMO/IME's.  

1.  Just tell the doc you cant afford it and ask if he can do it for less.  

2.  See if your own VA doc will provide the needed nexus, symptom documentation, etc.  They might!

3.  Shop for an IMO/IME near you.  Pro Bono IMO's are not an impossibiliity.  

4.  Your lawyer may be willing to upfront IMO costs "provided that" they think your case is strong, but needs an IMO to win it.  

    While its tough, its not the only tough thing.  Hang in there.  

    My IMO took 3 credit card payments over 3 months.  

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john999 Grand Master

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If not for my IMO's I would never have gotten TDIU.  I ended up getting three IMO's to defeat VA.  It did not cost me much at all but that was 20 years ago.  If you have to spend some bucks to get TDIU or 100% it is usually well worth it.  Consider, your spouse and children get special benefits if you get TDIU or 100%.  You get state benefits usually.  Consider the IMO an investment.

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