C & P Exam Declined

Question:

I submitted all my evidence under VA policy 38 CFR subtitle 4. Also had a Nexus letter, DBQ, and scientific evidence.  When I called them I was informed by the CP examiner that my presence was not needed.  I was informed that no question would be asked of me over the phone,  no contact with me would be done at all;  it would be done by using my evidence.  But my case was denied 'not service-connected.'  Why did I not have a in-person exam under VA policy CFR.?

Jim's Reply:

VA isn't required to offer a C & P exam if you haven't submitted the appropriate evidence to require that they offer that to you. While you say that you submitted a great deal of evidence, that doesn't necessarily mean that the evidence points to service connection. If the evidence makes it clear from the outset that there is no service connection, the VA can and will complete the claim without a C & P.

Since I don't know what sort of claim you filed or what the evidence you submitted alleged, I can't really help you. While it doesn't happen often on new claims like yours, VA may have made an error in adjudication and if you believe that's the case, you'll need to speak with a veterans law attorney. Click https://www.vawatchdog.org/how-to-hire-a-veterans-law-attorney.html  

 


Source URL: https://dev.statesidelegal.org/c-p-exam-declined