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]

Have ppl ever heard of developing to deny.

That how you fight it before hand.

This is how I would handle it.

First I would write a statement tell the VA that they are developing to denied or reduce my rating because I didn't request a increase.

I requested effective date

. I would explain that I was just granted the disability and rating a year ago an there is no way it improve. 

What does a effective date appeal have to do with reevaluating my just granted disability. I believe this is relation for appealing for my proper effective date 

Upload and certified mail.  I do this because you will never get a copy of the exam before they make the bogus decision base on it.

To fight the exam. So you will be appealing before you see the exam if ever. That they use.

Now I would go to the exam in the poster case because they may try to reduce as it is less than a year the rating was granted. There is no protection 

Now if they try to reduce or anything funny after the exam .

You have a statement In The record before the decision. Which will get it remand by the court.

If they didn't address the statement.

The retaliation thing I just found out how to use. Lol

I would upload the oig report with it.

That is call fighting 

 

Edited November 11, 2022 by Mr cue

[Foxhound6]

21 minutes ago, Mr cue said:

Have ppl ever heard of developing to deny.

That how you fight it before hand.

This is how I would handle it.

First I would write a statement tell the VA that they are developing to denied or reduce my rating because I didn't request a increase.

I requested effective date

. I would explain that I was just granted the disability and rating a year ago an there is no way it improve. 

What does a effective date appeal have to do with reevaluating my just granted disability. I believe this is relation for appealing for my proper effective date 

Upload and certified mail.  I do this because you will never get a copy of the exam before they make the bogus decision base on it.

To fight the exam. So you will be appealing before you see the exam if ever. That they use.

Now I would go to the exam in the poster case because they may try to reduce as it is less than a year the rating was granted. There is no protection 

Now if they try to reduce or anything funny after the exam .

You have a statement In The record before the decision. Which will get it remand by the court.

If they didn't address the statement.

The retaliation thing I just found out how to use. Lol

I would upload the oig report with it.

That is call fighting 

 

And that sounds reasonable in some cases. But with this OP having taken the HLR route, it opened the claim up to errors, etc that could make a new exam required. And as you stated, you would attend that. So we are all at least now on the same page. I dont believe anyone is saying to NOT fight a unnecessary exam, we are just trying to be sure no one interprets our discussions on this as “skipping” or “refusing” an exam.

[Tbird]

There are other ways to fight a C&P exam other than skipping it. Failing to show up for an exam, can cause your claim to be denied.