C&P examination DOs & DON’Ts


Here’s something everyone should know about their C&P exams. I had no idea. Fuzzy turned me on to this so READ and HEED.

http://www.vva.org/benefit_update.html

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About asknod

VA claims blogger
This entry was posted in All about Veterans, C&P exams, General Messages, Tips and Tricks and tagged , , , , , . Bookmark the permalink.

2 Responses to C&P examination DOs & DON’Ts

  1. SquidlyOne says:

    that is a good article….wish I had read it before I had my C+P exam last Friday. But at least now I have a good idea what that medical opinion will be. My best guess is that it will resort to “have to resort to mere speculation” scheme for the HCV:

    “In Gabrielson v. Brown, the Court determined that a medical opinion that the VA intends to use to deny a claim must discuss the positive evidence, or major positive factors, in favor of the claim. See 7 Vet. App. 36, 40 (1994). Conversely, the Court stated that the Board may not adopt a doctor’s opinion as the basis for its denial of benefits when the doctor’s opinion failed to discuss all the positive evidence in support of the veteran’s claim. See id.”

    How do we ferret this out before it get’s to the BVA to avoid a remand? Could I argue to get another C+P in the SSOC? I may be wrong, but I think I can see where this exam is going to drop me off!

    • asknod says:

      Harvey-that’s simple. When you ask for a BVA hearing at your RO (face to face,) sign a waiver relinquishing your right to have the Bozo Patrol redecide any new evidence you submit at the hearing. Let the VLJ decide it. The RO krewe isn’t going to let you win.

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