Another good reason not to refuse a C and P examination

[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 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

[MilvetHD]

7 hours ago, Vync said:

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

LOL this is a joke right? Of course, the regulations say that they should be given consideration but I wouldn't suggest relying on lay statements as a primary strategy. 

[Dustoff1970]

In several of my successful claims my lay statements as to symptoms has been very helpful in obtaining high ratings only because I had many years of VA and private treatment records to support my contentions such as my severe GERD symptoms.

There were no doctor notes as to my symptoms but only brief entries in the records that I suffered from GERD and continuous prescriptions for GERD medications since 2000. 

[Vync]

11 hours ago, MilvetHD said:

LOL this is a joke right? Of course, the regulations say that they should be given consideration but I wouldn't suggest relying on lay statements as a primary strategy. 

Yep, pure sarcasm because historically the VA has tended to give more weight to service treatment records being silent than first-hand lay statements by the vet.

[broncovet]

Lay statments, made to a doctor, and documented by the doctor, become "medical evidence".   Of course, those lay statements you make to a doctor, become more credible when confirmed with things like xrays, or other medical tests.  

Remember, mostly there is not a machine which the doctor uses to "measure pain".  Instead, the doctor relies upon our statements, but weighs them with the medical tests.  

In a similar way, if the Veteran makes lay statements which conflict with medical or other evidence, the BVA often says stuff like the Veterans evidence was not credible.  

However, in my first BVA decision the board determined that, my lay statements were consistent with the known facts, so they deemed my testimony credible.  

And, Board determinations are "determinations of fact", to include the credibility or lack therof.  When the board makes a determination of facts, this wont be overturned by a new board decision, or by the CAVC.  It becomes an established fact, for VA benefit purposes.  

So, since the board determined my statements were credible, and consistent with other known facts, this helped me.  

On the other hand, the Board, can/sometimes does, state the Veterans statements were inconsistent with the facts, and they can and do discount the Veterans entire testimony.  

Some people are very good at determining whether or not you are lying.  This is sort of a judges job.  If he thinks you are honest, then they award benefits, however, if he thinks you are lying, you will likely be denied.  

This is why you need to be careful your statements are consistent with each other and the facts.  

I work hard at my honesty reputation, and its worth all the hard work.  Once or twice I made promises that I later did not want to keep.  But I kept them anyway....even when it hurt to do so.  

Im convinced this helped me to get my benefits.  The judge was not there with me while I was in the service, but they do rely on my testimony.  

Edited October 15, 2022 by broncovet

[63Charlie]

I went to a C&P exam just this morning for my feet and ankle disabilities.

The C&P exam got heated when the examiner began asking me questions that are too complex for me to accurately answer.

She was making me more confused and anxious by the minute.

I advised that I had sent the VA all of the medical records for my conditions.

 

I asked the examiner if she had looked at my claims file records.

I stated. " Had you reviewed my records, you would already know the answers to all of those questions.

 

She replied, " You don't tell me how to do my job".

I said, " Right, I totally agree".

 

I said, 'I'm really not telling you how to do your job. I'm only pointing out what needed improvement".

She threatened that she would make me leave the exam if I didn't stop yelling.

 

I NEVER yelled at her a single time.