Mistakes Are Made

Question:

Hello, I’m currently rated at 100% P&T. All but one of my disabilities are static. The one disability is for my lumbosacral rated at 40 and secondary for both legs at 20% a piece. The rating decision for the back states future exam will be scheduled. This rating decision was before I got the P&T status. My VSO noticed that there is a date of 10/2021 next to that rated disability. I spoke to the VA and they said there are no future exams scheduled and that I’m 100 permanent and total. With that said, can the VA still have me come in for a C & P exam for the back even though they say I’m not scheduled for any future exams in the VA letter?

 

Jim's Reply:

First up...VA makes mistakes. A lot of mistakes. That you have notice of a future exam doesn't necessarily mean that an exam is scheduled, it just means that someone didn't delete that entry. This is a frequent occurrence.
 

However...can VA have you come back in the future for an unannounced exam? Yes they can. However, that too is usually an error and the end result is zip. That happened to me 25 years after a rating I was called in for an exam of that body part. Nobody knew why, the doctor who examined me didn't have any clue. Months after the exam I received a letter telling me my rated condition was static and that there would be no increase.
 

I never did find out why that happened and never will. In the end...if you are ever notified for a C & P exam that you don't understand, don't sweat it. And don't miss it or argue about it...just go get it done and eventually VA will reconcile everything and your ratings won't change. 

 


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