Good morning,
The VA just called me and stated that for my VARR to go through that I needed a 2nd C&P exam for the two conditions that were added as unfitting. They stated they would not recognize the old C&P exams. Any ideas why they would do this? I was rated 40% for back and 50% migraines(added as unfitting in Dec 2015)
Thanks!
From my experiences with the DoVA, it would probably seem that your original DoVA C&P examinations for your Back and Migraines medical conditions are more than one year old in duration. As such, the DoVA D-RAS wants a current medical examination in order to properly evaluate your medical conditions IAW the 38 CFR VASRD.
At this particular point in time for your Back and Migraines medical conditions, are the symptomologies at least the same or even worst than the original DoVA C&P examinations?
If yes, then no worries. Albeit, if no then you should
strongly consider all of the potential effects onto your DoD IDES case file
prior to any acceptance of a second DoVA C&P examination covering the aforementioned PEB-referred "unfit for duty" medical conditions in my opinion.
Hence, I would
highly suggest that you immediately contact your SPEBC/OAC/IDES Legal Office for another review of your IDES case file as to the
effects on the two newly added PEB-referred "unfit for duty" medical conditions (e.g., Back and Migraines) if you either "accept" or "reject" the DoVA D-RAS' request for a second C&P examination due to the VARR submission.
With that all said, I am envisioning that you shall have
pros and
cons with either an "accept" decision or a "reject" decision in reference to the DoVA D-RAS' request for a second C&P examination in order to re-evaluate your two newly added PEB-referred "unfit for duty" medical conditions (e.g., Back and Migraines). Take care!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"
Best Wishes!