Veterans don't have a choice when ordered to attend a C & P exam

 Hey Jim, I am caught between a rock and a hard place. I have been continuously evaluated at O1 and R1 for the past 31 years and last November, the VARO sent me a letter demanding a reexamination.

 I contacted my current POA and asked them about this. In short, they said it must be a mistake, because I am protected under 3.951(b) and to cancel the exam. So I did not attend. In any event, last August I received a proposal to reduce from O1 and R1 to P2. I have 100% for LOU of both feet, 100% for neurogenic bowel, and 60% for neurogenic bladder. I was rated in 1982 for O1 and R1, or 38 CFR 3.50 (e)(2).

 Now the VA is trying to set me at 38 CFR 3.50 (f)(4) with no aid and attendance. What would you do given these circumstances. Another thing to keep in mind that I discovered later was the original notice of reexamination was for determining my need for R2, when, in fact, I did not request R2. Help please...

 Reply:

 If you were advised that you shouldn't attend an exam that VA ordered, that was some of the worst advice I've ever heard. I can't imagine why anyone would tell you that.

 Veterans don't have a choice when ordered to attend a C & P exam.

 M21-1MR, Part III, Subpart iv, Chapter 3, Section B e. Failure of a Claimant to Report for Examination

 Even if it is obviously an error, you still must attend. If you do not attend, VA will default to lower or eliminate the benefit in question.

 When you elect to skip a C & P exam, you give VA the authority to do as they wish with your benefits.

 3.951(b) isn't perfect and is often overlooked by VA. It appears VA may have made an error and your representative compounded it by giving you bad advice.

 You'll have to formally appeal now that you're this far into it. There really isn't any other choice. You can read more about how to appeal here.