C&P Exam and decision same day

Marine4421

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I had my C&P exam yesterday morning for three conditions that I filed for. I logged in last night to see if anything had changed and it listed my case as closed and that a letter had been sent to me. So, I logged on e-benefits and I notice that they gave me a 10% rating. Has anyone ever had that quick of a turnaround? Also, I'm not satisfied with the 10% as one of my conditions I think should have received more than that. What is the appeal process like?

Thanks!
 

oddpedestrian

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You can file a supplemental or HLR claim hard to give advice without reading what the examiner wrote. With scarring you didnt mention if it was painful did you tell the examiner if it was? Have you seen your PCM about the scar? If you had no record of hearing loss in service those appeals can get exhaustive depends on what your job was too. How is your breathing at night have you done a sleep study? Medical evidence is important to win claims the new appeals system gives you up to a year to collect new evidence to keep your original filing date.

Now that you are SC for your nose and you state its giving you breathing problems a secondary claim is a possiblity but talk to your doctor first.
 

chaplaincharlie

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Who did your C&P claim? VA or contractor? This appears to be faster than a speeding bullet, so yes it is suspicious.
 

FmrArmyAvatr

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Same thing happen to me for my RFE. QTC contractor, refused to look at my other medical docs I had, didn’t put things I said on the DBQ and lectured me for about the last 10 minutes. Recorded all of it. Decision was made the same day, lowering me. Filed a complaint the next day with the VA about the contractor. VSO showed me that my additional docs were in my file and not used in the decision. Currently in the process of filing a supplemental claim, including the fact I have a recording of all my C&P exams if they want to listen for proof. I’m in a one party consent state, so perfectly legal to record without telling the examiner.
 

oddpedestrian

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Recorded C&P exams is inadmissible thats a VA rule not a state one you can record it all you want it just will not be used as evidence in any scenario. Your best option would be to request an additional exam or if that evidence was in your claims file you should have done an HLR review instead of supplemental.
 

FmrArmyAvatr

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Recorded C&P exams is inadmissible thats a VA rule not a state one you can record it all you want it just will not be used as evidence in any scenario. Your best option would be to request an additional exam or if that evidence was in your claims file you should have done an HLR review instead of supplemental.
Contractors are not VA employees and are not covered by their regulations and rules. If anything, the recordings will show that the contractor did not properly perform the C&P exam/not qualified/trained to conduct the exam. For all I know, I was this providers first exam ever. I have plenty of other medical evidence they ignored and got additional opinions after the decision, so that’s the focus of my supplemental claim. The recordings are just a mentioned in my personal statement I am submitting, never threatening, only saying I have them.
 

oddpedestrian

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@FmrArmyAvatr

Thats not true

If its a recording of an exam the Rater would have no way to bbn play a recording.. also the examiner would have to agree to the recording but the Office of General Counsel has ruled there is no legal requirement to allow for recording or a witness/representative be present at an exam.

 
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