Considering skipping C & P exam

[Aquaria]

Put in original claim Oct 2021 was granted sc for peripheral neuropathy May 2022 with no mention of SMC. May 2022 put in for SMC using decision letter for the neuropathy. July 2022 was awarded SMC based on the neuropathy. Put in for HLR for the effective date of the SMC as they only back dated it to my request not the condition that awarded it. HLR found duty to assist error and instead of just fixing the date they want me to do another C & P exam. I contested nothing from the initial award for sc for the neuropathy and only contested the smc effective date. To me, it seems like a witch hunt to try and reduce my benefits. In order not to have conflicting evidence I am considering skipping the exam as if they had enough information to award the smc in the 1st place there should be no reason for this exam....

 

Fyi I'm 100% P & T with SMC O because of the neuropathy....

 

 

Update 1:

 

Options told to me by Va hotline are as follows

 

1. Go to C&P exam

       Roll of the dice could go either way

2. Skip C&P exam 

       VA proceeds without it    

3. Withdrawal HLR 

       For go the back pay run no risk of a reduction

 

Update 2:

Not sure if it helps here's my SC's with effective dates

 

0% right ilio-inguinal nerve idiopathic small fiber neuropathy (10/2021)

 

0% left ilio-inguinal nerve idiopathic small fiber neuropathy (10/2021)

 

40% left upper extremity (dominant) idiopathic small fiber neuropathy (involving all radicular groups of nerves) (10/2021)

 

0% left external cutaneous nerve of thigh idiopathic small fiber neuropathy (10/2021)

 

0% right external cutaneous nerve idiopathic small fiber neuropathy (10/2021)

 

20% right anterior crural (femoral) and internal saphenous nerves idiopathic small fiber neuropathy (10/2021)

 

20% left anterior crural nerve (femoral) and internal saphenous nerves idiopathic small fiber neuropathy (10/2021)

 

40% left lower extremity idiopathic small fiber neuropathy involving multiple nerves (10/2021)

 

40% right lower extremity idiopathic small fiber neuropathy involving multiple nerves (10/2021)

 

0% left obturator nerve idiopathic small fiber neuropathy (10/2021)

 

0% Right obturator nerve idiopathic small fiber neuropathy (10/2021)

 

40% right upper extremity idiopathic small fiber neuropathy (involving all radicular groups of nerves) (10/2021)

 

40% chronic fatigue syndrome (10/2021)

 

100% posttraumatic stress disorder (PTSD) with major depressive disorder and somatic symptom disorder (7/2020)

 

40% fibromyalgia (claimed as painful swollen stiff joints in entire body) (7/2020)

 

50% migraine headaches (12/2019)

 

10% costochondritis (also claimed as Tietze's Syndrome and rib pain) (6/2007)

 

Link to the dbq for the C&P exam https://www.benefits.va.gov/compensation/docs/Peripheral_Nerves.pdf

 

Thank you for your help

 

 

[Mr cue]

Not about to do this with you again.

Did I say refuse a exam. Pls stop with the bashing.

That is your opinion on how you would handle thing .

Others have away they handle things.

But you need to stop with all the threats.

I never say refuse a exam and I don't think the poster did either.

[ShrekTheTank]

Considering skipping C & P exam

[Mr cue]

Here is the oig report on the VA an exams.

I don't no way I just couldn't post the report but there it is

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If you are having problems with the VA ordering unnecessary

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Asked by Mr cue,
October 5

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Mr cue   214

Posted October 5

Title:	VBA Could Improve the Accuracy and Completeness of Medical Opinion Requests for Veterans’ Disability Benefits Claims
Report Number:	22-00404-207	Download Report
Issue Date:	9/7/2022
City/State:
VA Office:	Veterans Benefits Administration (VBA)
Report Author:	Office of Audits and Evaluations
Report Type:	Review
Release Type:	Unrestricted
Summary:	For veterans seeking disability compensation benefits, the Veterans Benefits Administration (VBA) requires a disability exam to determine the severity of a disability or a medical opinion on whether a current condition can be connected to military service. VBA has committed an estimated total of $6.8 billion in contracts to complete disability examinations and medical opinions over a five-year period starting in 2016. Because medical opinion requests can be vital to ensuring veterans receive the benefits to which they are entitled, the VA Office of Inspector General (OIG) examined whether VBA staff correctly followed procedures when requesting medical opinions. The review team found that VBA can reduce inadequate medical opinions, incorrect or delayed claims decisions, and wasted resources by improving internal controls, personnel training, and monitoring of medical opinion requests. The team estimated that 27,900 of 41,100 requests (68 percent) did not follow required procedures during the review period (October 1, 2020–September 30, 2021). Claims processors did not consistently identify relevant medical evidence for the examiner’s review, did not always use clear and accurate language, did not regularly request all warranted medical opinions, and sometimes requested unnecessary medical opinions. These failings can lead to inaccurate medical opinions, incorrect decisions on veterans’ claims, delayed decisions for veterans, and inefficient use of resources (such as when the medical opinion requires rework). VBA concurred with OIG-identified deficiencies and recommendations to (1) implement electronic system enhancements to require claims processors to identify relevant evidence before a medical opinion request can be submitted, (2) enhance mandated training for all claims processors and demonstrate progress in achieving its intended impact, and (3) strengthen monitoring by refining quality review processes to help identify areas for improvement and show advancements in complying with required procedures

[Mr cue]

Lol this is a very bad subject for the ppl of hadit about comp exams.

Pls stop saying I am telling veterans to refuse skip what ever you choose to call it.

I will tell a veteran they can fight against unnecessary comp exam.

The oig report show the problem 69% is a lot of comp exam that are order that aren't right.

Now to tell veterans there is nothing they can do about seem off to me.

Because you can

[ShrekTheTank]

You laugh about this, but this can cause veterans to lose their benefits by not showing up.

You can fight whatever you want too as that is your right and anyone who wants to fight it.

I do agree there are a ton of unnecessary exams.

There is always something you can do.

The advice given is to go to the exam as to not fall into the pitfall of losing the benefits.  Will this happen?  I have myself lost benefits because I did not show up.

It caused a lot of headaches I am now paying for.  

There are other ways to fight a C&P exam other than skipping it.

[Foxhound6]

Just now, shrekthetank1 said:

You laugh about this, but this can cause veterans to lose their benefits by not showing up.

You can fight whatever you want too as that is your right and anyone who wants to fight it.

I do agree there are a ton of unnecessary exams.

There is always something you can do.

The advice given is to go to the exam as to not fall into the pitfall of losing the benefits.  Will this happen?  I have myself lost benefits because I did not show up.

It caused a lot of headaches I am now paying for.  

There are other ways to fight a C&P exam other than skipping it.

This. Call it what you will, a fight, skipping, dipping out, not going, whatever label is slapped on NOT ATTENDING an exam will be seen by the VA as a refusal. I fight the legitimacy of an exam once I have attended it. Attend, then fight/question the legitimacy of it for the sake of the claim..