Stayfocus Posted March 18, 2023 Share Posted March 18, 2023 (edited) 659 days in direct review lane for EED. Waiting to be assigned to a judge. Anyone else in same situation? Edited March 18, 2023 by brokensoldier244th moved from another topic/question Link to comment Share on other sites More sharing options...
0 Moderator pacmanx1 Posted March 20, 2023 Moderator Share Posted March 20, 2023 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. Link to comment Share on other sites More sharing options...
0 Stayfocus Posted March 20, 2023 Author Share Posted March 20, 2023 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. Link to comment Share on other sites More sharing options...
0 jamescripps2 Posted March 20, 2023 Share Posted March 20, 2023 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. Link to comment Share on other sites More sharing options...
0 Stayfocus Posted March 20, 2023 Author Share Posted March 20, 2023 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. Link to comment Share on other sites More sharing options...
0 Moderator pacmanx1 Posted March 20, 2023 Moderator Share Posted March 20, 2023 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). Link to comment Share on other sites More sharing options...
0 Stayfocus Posted March 20, 2023 Author Share Posted March 20, 2023 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 Link to comment Share on other sites More sharing options...
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Stayfocus
659 days in direct review lane for EED.
Waiting to be assigned to a judge.
Anyone else in same situation?
Edited by brokensoldier244thmoved from another topic/question
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Rattler
They just low balled me on a EED going back to 1982 on two issues. I am going to file a CUE claim on them for not letting me wave any C & P Exams and not giving me a ratting on my right wrist.
Rattler
You might find this interesting. - I submitted DBQs that are adequate for rating my claim. M21-1 V.ii.i.A.3.j allows that "A statement from any physician can be accepted for rating purposes witho
pacmanx1
I would ordinarily say yes, you are correct, but I would have to say that it really depends on the evidence of record. Both the legacy and the AMA appeals are supposed to follow 38 CFR 3.156, but the
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