Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Age cut-off for C&P exams?

Rate this question


Gone Fishing

Question

I have an agent orange disability.  Is there an age cut-off for C&P exams?  I recently turned 76 and just had chemo induced peripheral neuropathy diagnosis confirmed.  Unsure if I should file further claims, or just let the current 100% disability ride for now.

Link to comment
Share on other sites

Recommended Posts

  • 0
1 hour ago, broncovet said:

There are "at least" two types of  c and p exams:

1.  One initiated by the Veteran, when he/she applies for benefits or a benefit increase.  The Veteran is seeking additional compensation.  

2.  This type is initiated by VA, generally for purposes of a proposed reduction.  If the VA thinks your condition may have improved, you could be called for a c and p exam for purposes of a proposed reduction.  This is sometimes called a "review" exam, or VA sometimes calls it a "future scheduled exam".  

If you are P and T, you should not be scheduled for a "review" exam.  

 

Exam 1, above, can occur at any age.  

Exam 2, however, has an age limit of 55, explained here:

source:  https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014321/M21-1-Part-IV-Subpart-ii-Chapter-1-Section-A-Determining-the-Need-for-Review-Examinations%3FarticleViewContext=article_view_related_article#1a

Thanks to all who provided answers and documentation.  Much appreciated.

By the way, not sure why I am noted as Seaman.  I am Army, 11Bravo.

Link to comment
Share on other sites

  • 0
  • Founder

@Gone Fishing The Navy ranks are based on the number of posts you made, not the branch you served in. Decades ago when I started the site, Navy ranks is what I knew, so it's what I used.

Tbird
 

Founder HadIt.com Veteran To Veteran LLC - Founded Jan 20, 1997

 

HadIt.com Veteran To Veteran | Community Forum | RallyPointFaceBook | LinkedInAbout Me

 

Time Dedicated to HadIt.com Veterans and my brothers and sisters: 65,700 - 109,500 Hours Over Thirty Years

 

diary-a-mad-sailor-signature-banner.png

I am writing my memoirs and would love it if you could help a shipmate out and look at it.

I've had a few challenges, perhaps the same as you. I relate them here to demonstrate that we can learn, overcome, and find purpose in life.

The stories can be harrowing to read; they were challenging to live. Remember that each story taught me something I would need once I found my purpose, and my purpose was and is HadIt.com Veterans.

Link to comment
Share on other sites

  • 0
  • Community Owner

Good to see you back brokensoldier244th. The below is a copy and past from Tbird's link

When does age matter in a VA disability case? Well, there are really two situations. For veterans who are 85 years or older, they will be eligible to have their claim expedited at a local Regional Office. For veterans who are 75 years or older, those veterans are eligible to have their claim, or appeal rather, advanced on the docket at the Board. And so, in those two situations, age can be used in the veteran’s benefit to advance their case and hopefully get a more expedited review of their appeal.

Link to comment
Share on other sites

  • 0
  • Moderator
12 minutes ago, Rattler said:

Good to see you back brokensoldier244th. The below is a copy and past from Tbird's link

When does age matter in a VA disability case? Well, there are really two situations. For veterans who are 85 years or older, they will be eligible to have their claim expedited at a local Regional Office. For veterans who are 75 years or older, those veterans are eligible to have their claim, or appeal rather, advanced on the docket at the Board. And so, in those two situations, age can be used in the veteran’s benefit to advance their case and hopefully get a more expedited review of their appeal.

I blew out my GMAIL down to almost empty, including spam, trash, archived, filters, forwards, etc. I'm finally getting alerts again and not having email automatically shunted to 'trash' or 'spam' before I ever see them. Im monitoring it, and will gradually add filters back in. Ive had Gmail since it was 'invite only' when it first started. I think mine at some point tried to become sentient and tried to 'help'. 

The Earth is degenerating these days. Bribery and corruption abound.Children no longer mind their parents, every man wants to write a book,and it is evident that the end of the world is fast approaching. --17 different possible sources, all lacking verifiable attribution.

B.S. Doane College, Mgt Info Systems/Systems Analysis 2008

M.S.Ed. Purdue University, Instructional Development and Technology, Feb. 2021

M.S. Purdue University Information Technology/InfoSec, Dec 2022

100% P/T

MDD

Spine

Radiculopathy

Sleep Apnea

Some other stuff

-------------------------------------------
B.S. Info Systems Mgt/Systems Analysis-Doane College 2008
M.S. Instructional Technology and Design- Purdue University 2021

 

(I AM NOT A RATER- I work the claims BEFORE they are rated, annotating medical evidence in your records, VA and Legal documents,  and DA/DD forms- basically a paralegal/vso/etc except that I also evaluate your records based on Caluza and try to justify and schedule the exams that you go to based on whether or not your records have enough in them to warrant those)

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • kidva earned a badge
      Collaborator
    • dennis simpson earned a badge
      Collaborator
    • Dave119 earned a badge
      One Month Later
    • ShrekTheTank went up a rank
      Contributor
    • kidva went up a rank
      Rookie
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use