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Earlier Effective date, waiting to be assigned to judge

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Stayfocus

Question

659 days in direct review lane for EED.

Waiting to be assigned to a judge.

Anyone else in same situation?

Edited by brokensoldier244th
moved from another topic/question
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2 hours ago, Stayfocus said:

So it’s not an actual in person exam, it’s a “documentation” C&P?

Correct. As stated, the VA could do their own review but typically they ask for a medical opinion because they can then state that the new decision is based on the new medical examiner's medical opinion or the recent C & P exam. 

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1 hour ago, pacmanx1 said:

Correct. As stated, the VA could do their own review but typically they ask for a medical opinion because they can then state that the new decision is based on the new medical examiner's medical opinion or the recent C & P exam. 

What about favorable findings, that information is not to be taken away.

 

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Although my C&P was retrospective, I did have to appear and answer a few questions for clarification. I was not required to attend the retrospective exam preformed by my doctor. 

I would think that the favorable findings would remain in play, unless a revue of the record contradicted.

 

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6 minutes ago, jamescripps2 said:

Although my C&P was retrospective, I did have to appear and answer a few questions for clarification. I was not required to attend the retrospective exam preformed by my doctor. 

I would think that the favorable findings would remain in play, unless a revue of the record contradicted.

 

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52 minutes ago, Stayfocus said:

What about favorable findings, that information is not to be taken away.

If you already have a rating, by law the VA cannot disturbed those favorable findings. See Medrano V. Nicholson, 21 Vet. App. 165, 170 (2007). 

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35 minutes ago, pacmanx1 said:

If you already have a rating, by law the VA cannot disturbed those favorable findings. See Medrano V. Nicholson, 21 Vet. App. 165, 170 (2007). 

Thank you 

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