Va Denied My Claim Without Cp Exam

Resuming in-person CP exams.

Va denied my claim without cp exam. Although exams also serve other purposes to include providing a diagnosis and the disabilitys severity level you may read more about exams in this prior pos t. Step-by-step VA claim process. The VA messed up and did not offer one when they should have or. If your claim for disability compensation was denied and you did not receive a CP examination from the VA it is more likely than not that the VA made an error.

At the beginning of April 2020 as concerns about COVID-19 infections increased and the President declared a national emergency VA suspended its in-person medical disability examinations for its compensation and pension CP programs. VAs failure to provide exams is troubling because exams are critical in establishing the required nexus between your service and current disability. VA decision makers often place significant weight on CP exams when deciding claims. An opinion that the disability is related to military service also called a nexus opinion.

I only had 1x CP by VES and my claim moved from Gathering of Evidence to Prep for decision. Then VA would deny the benefits and say that the veteran did not show up to the CP exam and that is why it was denied. I was expecting at least 2x CPs so I called the eBennie and they have indicated that VA does not always require a CP exam. VA claim exam fact sheet A quick guide on the claim exam process and what you can expect during and after your exam.

On May 28 2020 VA resumed in-person CP exams in locations where it was safe to do so. If the first two items are clearly shown in your claim application thats when the CP exam process comes in. If the VA did not offer you a CP exam there really are only two reasons. You have the right to request and obtain a copy of your CP exams by contacting the VA medical center where the exam was conducted or your VA Regional Office.

And most of VAs denials are based on these VA exam reports. If you have enough medical evidence in your file to support your claim the VA might not need to schedule a CP exam. The Veteran didnt provide enough information to trigger the Duty to Assist. Again if you do not attend the CP exam VA will likely deny your claim without even considering any of the other evidence you may have submitted.

AS all your records are with the VA apparently none of the doctors have made a link between your back and legs a nexus. Several vets here have had in their favor issues decided without a CP. Or have attributed your back to other issues. Therefore having several techniques for discrediting a VA doctor is a necessary part of a veterans strategic arsenal.

If the medical evidence is sufficient to make a rating then there is no requirement for a CP. VA claim exam tips Tips to help make the claim exam process easier and less stressful. Without the exam report it is difficult to know. While the congresswoman said she understood VAs reasons for halting in-person CP exams due to the spread of COVID-19 she argued that there also needs to be better procedures in place for.

Unfortunately there is a specific VA form for pretty much everything within the claims and appeals processes. If you fail to show up to any claim or CP exams it is likely that your claim decision will be delayed while VA tries to reschedule your exam. It has recently come to light that VA was setting CP exams the exams VA uses to determine of a veterans service connected compensation benefits and not telling the veteran. Today I check at eBenefits and my status moved back to GOE.

Your claim could also be rated as-is using only the current information in your file. If you did not submit enough information with your claim application to show that you have a current diagnosis of a disability or that an event occurred in military service that may have caused the disability there is no need for VA to schedule a claim exam to get a nexus opinion to. My case I have submitted for 2x increase and 3x secondary claims. VA claim exam FAQs Answers to frequently asked questions about the claim exam process.

First if VA conducts a CP examination the veteran should obtain a copy of the exam report as soon as possible.