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    • C&P Exam Completed [Bad Vibe]
      Yes, she used a Ganiometer.    Weird, I reviewed my last C&P exam which stated my ROM was less than 45 deg last time. But I was still provided the minimum rating of 10%.
    • VA Stupidity Has No Limits!
      I don't know whether it was BUD/S or SAR School, but I'm pretty sure the logs weren't easy on my back or shoulders and neither were the mile long swims with heavy fins. The dirty waters I swam in didn't help with the GERD, and the PTSD was the first thing the VA diagnosed me with and it took them almost 3 years to convince me I had it. Yet, no service connection can be found for any of these things, and these pics are just of the training!! Do they simply "DONT GIVE A xxxx?" or are they just plain "STUPID?" 
    • Ebenefits Claim Status????
      EBenefits is not that reliable.  You have a congressperson involved, no?  That would be a response to your request for help to a congress representative I would think.     Try to call Peggy (the 800 827-1000 number) and ask them what the status is.  Its more likely that they can give more complete info to you.
    • ratings
      In EBenefits, under Disabilities, it will show exactly what your current ratings are.  This should show if you have 2 10's or 1 10, same with the back rating.   I would think that they are just updated verifications of SC. One spine rating cover sacroiliac, the lumbar and thoracic sections all in just 1 rating, so you can not have 2 separate ratings on DDD for L5/S1.
    • ratings
      sorry I do have others,  attached is all that i have been awarded.   I will have to look for those decision letters also degenerative disc disease, L5-S1 20% Service Connected   11/13/2002 depressive disorder 50% Service Connected   10/24/2014 peripheral neuropathy, bilateral lower extremities   Not Service Connected     esophageal reflux (formerly DC 7205) 10% Service Connected   01/29/2009 abdominal surgical scar 10% Service Connected   07/23/2003 hiatal hernia secondary to esophageal reflux surgery 0% Service Connected   07/23/2003 right ankle condition   Not Service Connected     allergic rhinitis (claimed as sinus condition) 30% Service Connected   10/24/2014 sleep apnea   Not Service Connected     hyperparathyroidism 0% Service Connected   09/21/1993 hypertension 10% Service Connected   01/29/2009 residual scar, status post adenoma resection (formerly DC 7800) 20% Service Connected   03/06/2014 degenerative disc disease, L5-S1 20% Service Connected   09/26/2003
    • C&P Exam Completed [Bad Vibe]
      Did the examiner use any type of measuring tools for your ROM?   Shoulder and Arm Limitation of Motion Code 5201: If the arm cannot be raised to the side more than 25°, it is rated 40% for the dominant arm and 30% for the non-dominant arm. If it cannot be raised more than 45° from the side, it is rated 30% for the dominant arm and 20% for the non-dominant arm. If the arm can be raised to shoulder level (90°), then it is rated 20% for either arm.    
    • My husband died in motorcycle accident
      Found this today; Competent lay evidence means any evidence not requiring that the proponent have specialized education, training, or experience. Lay evidence is competent if it is provided by a person who has knowledge of facts or circumstances and conveys matters that can be observed and described by a lay person. 38 C.F.R. § 3.159. Lay evidence may be competent and sufficient to establish a diagnosis of a condition when: (1) a layperson is competent to identify the medical condition (i.e., when the layperson will be competent to identify the condition where the condition is simple, for example a broken leg, and sometimes not, for example, a form of cancer); (2) the layperson is reporting a contemporaneous medical diagnosis, or; (3) lay testimony describing symptoms at the time supports a later diagnosis by a medical professional. Jandreau v. Nicholson, 492 F. 3d 1372 (Fed. Cir. 2007); see also Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009) (where widow seeking service connection for cause of death of her husband, the Veteran, the Court holding that medical opinion not required to prove nexus between service connected mental disorder and drowning which caused Veteran's death). In essence, lay testimony is competent when it regards the readily observable features or symptoms of injury or illness and "may provide sufficient support for a claim of service connection." Layno v. Brown, 6 Vet. App. 465 (1994). In ascertaining the competency of lay evidence, the Courts have generally held that a layperson is not capable of opining on matters requiring medical knowledge. Ruten v. Brown, 10 Vet. App. 183 (1997). In certain instances, however, lay evidence has been found to be competent with regard to a disease with "unique and readily identifiable features" that is "capable of lay observation." See, e.g., Barr v. Nicholson, 21 Vet. App. 303 (2007) (concerning varicose veins); see also Jandreau v. Nicholson, 492 F. 3d 1372 (Fed. Cir. 2007) (a dislocated shoulder); Charles v. Principi, 16 Vet. App. 370 (2002) (tinnitus); Falzone v. Brown, 8 Vet. App. 398 (1995) (flatfeet). Laypersons have been found to not be competent to provide evidence in more complex medical situations. See Woehlaert v. Nicholson, 21 Vet. App. 456 (2007) (concerning rheumatic fever).         The whole effect of PTSD can be observed by a wife, who is a lay person.  Her statement is a powerful tool, as shown in the BVA rulings, when it is not a complex medical issue.  Behavior can be readily observed in this case, carelessness, thrill seeking, dangerous behavior is something that you can assert as a lay person.  Writing the statement, I would describe his behavior before and after, deliberately drawing out the changes in behavior and how you note them, and why/how you believe it contributed to the accident.  As long as you dont try to inject medical expertise, they can not ignore your statement.  If you son is capable of doing this same thing, and of sufficient age to understand what it means, his statement would be admissible as well.  Friends, family, employers, also can provide lay statements to the effect of behavior that was risky and dangerous.  That sense of excitement, or thrills, can be directly attributed to PTSD by a medical professional.
    • Ebenefits Claim Status????
      I have a claim I that was put in 3/20/16 its red flashed for homeless and FDC however it has been closed I looked  on E Benefits and saw that is status was no longer open saw no letters being mailed out just close. When  I looked further on my page on the left in the my profile   section under disability portion of my claim on E benefits where they have my disabilities listed at the very Bottom as Pending Disabilities then it Table of pending disabilities it say  a Congressional Inquiry 5/18/2016 New and Folliculitus  dated back to 3/20/2014 what does that mean the 2014 case is an appeal is this about to be rated is that why its in Pending Disabliites??? Help Pending Disabilities Table of Pending Disabilities Disability Submitted Type Actions Congressional Inquiry 05/18/2016 NEW   Folliculitis Face/beard 03/20/2014 NEW
    • VSO
      I believe that I have and yes this is a remand that back to the regional to appeal board then to my VSO. Everytime I check my file location it shows it as being with  my VSO at the board. All the document I sent to the AMC shows as being unsoliciated. But  since I haven't  received  anything from VA or DAV since then I'm lost about my claim.

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dwragon

Refusal Of Examination By Nurse Practitioner

27 posts in this topic

? Is there anything out there (ie Reg) that says a person who shows up for a cnp cannot refuse the examination when they find out it is to be done by a nurse practitioner instead of a real doctor. (I dont want to waste any more time going to real doctors outside of the va to refute someones incomplete knowledge.)

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? Is there anything out there (ie Reg) that says a person who shows up for a cnp cannot refuse the examination when they find out it is to be done by a nurse practitioner instead of a real doctor. (I dont want to waste any more time going to real doctors outside of the va to refute someones incomplete knowledge.)

Oh, you can refuse the examination, after all it's your body that is being examined.

And the VA can refuse to examine you again and can show you as a "no show" for your C&P.

You're a grown-up person.................take yer pick.

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Oh, you can refuse the examination, after all it's your body that is being examined.

And the VA can refuse to examine you again and can show you as a "no show" for your C&P.

You're a grown-up person.................take yer pick.

I am asking this from a legal perspective. The va has to give legal arguement as to why they would refuse to examine me after I showed up and refused examination by a "Less than the most qualified" practitioner available, which is my arguement.

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I am asking this from a legal perspective. The va has to give legal arguement as to why they would refuse to examine me after I showed up and refused examination by a "Less than the most qualified" practitioner available, which is my arguement.

If the question is never fought out in the courts, the va can always continue to give us substandard cnp exams. Thats why I want to know the reg or vaopgc prec opinion.

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Personally, unless it has been decided in courts or is a precedent, I do not think that is a really good decision to make. As slow as the VA is, as much as they do not like to approve claims, and as much as they lose paperwork, I would jump through hoops to do what they wanted, when they wanted, and with whom they wanted. There is plenty of time later to air complaints.

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JMO, I want to make it clear that this is Just My Opinion but I think the best way to do that is for a veteran to see a specialist inside the VA medical system. In other words, have your VA PCP refer you to a specialist that can treat your conditions. We have been around and around on this topic but here's the bottom line. If veterans are being treated for a condition that means that information will get into his records. No doctor will treat a patient for something they don't have. They will do test, blood test, MRIs, EGDs, X rays, whatever they have to do to try to figure out what is going on with the patient. Keep in mind that tests are calibrated to a certain standard and once reviewed, you either have a condition or you do not. Some conditions may not have tests but they have to be monitored by a specialist to determine if the patient has that condition or not. Some veterans do not like the VA and its doctors but that is the way to fight off C & P examiners lack of knowledge, inexperience, or just plain off the wall rationales. In most cases, I say in most cases, when a veteran is being treated by a VA doctor and the Veteran has a C & P exam, the C & P examiner will most likely base his opinion and rationale on the diagnosis that has already been set by the VA doctor caring for the veteran. If a veteran would set up a VA PCP and get referrals to the specialists that they need, it could eliminate the need for the veteran to get an outside IMO/IME. I have been getting medical opinions and medical evaluations from the VA and I did not even know it. I just asked my VA PCP to refer me to the: Sleep evaluation clinic, Mental health, GI clinic, rheumatology clinic, neurology clinic or any other specialist that I need and I have been treated for my conditions and the information is in my records. Treatment does not always work but it will put you in the right direction and hopefully get some help. I know some may disagree but this has worked for me and has helped me out a lot. Refusing to be seen by a VA doctor for any reason especially a C & P exam can be very dangerous to your claim request. In order for a veteran to be awarded service connection, s/he must play the VA game of following their instructions. You can disagree but that is the way the system is set up, you can say the system has to change but in all likelihood, you will just be creating a hardship on yourself.

Hope this makes sense

Sorry for the typos I know they are in there HA HA on me, I hate typos

Edited by pete992

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Refusal or even a missed C&P is all the VA needs to deny a claim.

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My two C&P exams were done by PA's and they were the best. Exams were for knees and heart.

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I don't think anyone can point to regulation that says a NP cannot do a C&P exam. I had a heart exam done by a NP. I was not happy, but if I had refused my claim would have died. I like what Pete992 is saying. That is what I did when I got a crummy exam from a NP. I got my PCP to send me for about 10,000 bucks worth of tests. I won on appeal with reams of evidence from the VA.

If you want to kill your claim just refuse the exam even if it is by the janitor.

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I promise you even if the NP does the exam it WILL be signed by a supervising MD that you will never see and you might not even know the name I had a cardiac exam done by a NP and it was signed by the regular C&P doc for the local hospital. The VARO took the party line that there is NO literature than shows cardiac problems caused by PTSD despite all of the studies even on the NCPTSD site which is owned by the VA and they denied my claim I had to get the IMO's and they were worth it the VA paid me almost 40,000 in back pay and they pay SMC S every month so it was worth the 1000 for the IMO for the appeal to the BVA refusing an exam is an automatic denial we can't pick our doctors/examiners nor our raters all we can do is appeal

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In 1994 I asked for a pain clinic consult. I showed up. A shrink

showed up and tried to put me into the lock-down ward for detox.

The shrink also stated that my obstructive apnea did not exist.

That was 5 years before I had any sleep studies done.

Where the hell did my pain clinic consult go?

No travel pay.

I requested a Regional Office, PTSD related hearing back in 1996.

They did not schedule a hearing but, used the fact that I did not

show up for a hearing to put me on hold for several more years.

The Tiger Team caught that one in 2002.

They scheduled an appointment for a diagnosis of fibromyalgia but,

they forgot to check on the day of the week that the clinic saw

patients.

I showed up. The doctor, of course, did not.

No travel pay.

They used that MISSED appointment to deny my claim without any

consideration.

It took 12 years to clear that up.

They made me an appointment to see an orthopedic specialist.

I showed up.

The doctor showed up. The doc ordered an x-ray.

I hand carried the order for the x-ray to nuclear medicine.

The clerk looked at it, tore it up, and then dropped it straight

into the trash.

No x-rays without a doctors order. The doctor got tired of waiting

on the x-ray and went home.

They claimed that I did not show up for the exam.

No travel pay.

I pitched a bitch and they made another appointment.

I was x-rayed.

No travel pay after 4:30.

The x-ray went to yet another orthopedic doctor or radiologist.

6 weeks later they said that the results showed that my left knee

was completely shot to hell.

The PA asked me why I had waited so long to have it examined?

My records show that I started asking for an examination in 1979.

No travel pay after 4:30.

It was after 5 before they saw me.

23 years, after asking for it at least 96 times, I finally got that

ortho consult examination accomplished.

But, my knee is not really shot, it's loose. They had the wrong x-rays.

No travel pay after 4:30.

They told some other veteran that his knee is fine, don't pass GO

or collect 200 dollars.

Now I'm still waiting on another consult.

They scheduled my PTSD C&P. As always, I showed up at 3:45, 15

minutes early.

The address they gave me for the private sector examiner IS a vacant

parking lot.

No travel pay after 4:30.

The RO used that missed appointment to deny without consideration.

The PTSD claim lasted another 4 years before being resolved BY the

Tiger Team.

In 2006 I had x-rays done of my neck.

She sent me straight to an MRI a few days later.

No travel pay outside the VA.

The MRI results showed that I should be dead.

The ortho specialist sent me to the BIG hospital for surgery.

5 hour drive.

The BIG hospital said that all I needed was some therapy.

In the meantime don't drive that 220 miles to get home again!!

Come back in 2 months and therapy will get set-up.

Travel pay claimed that I lived to close to be eligible for travel pay.

Within the next week I had 3 more 'outside' consults.

The ortho-spinal doctor was worried that I might not survive the 8-hour,

60,000 dollar surgery.

I never went back to the BIG VA hospital for the therapy.

200,000 bucks and 7 surgeries later, Heeeere's Johnny.

Would somebody please tell me where I have not correctly played the VA game.

sledge

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sledge they just had your name on the hamster wheel from the get go and continued to stick it in you every chance they had and I bet they never even bought the vaseline did they? Has your lawyer got all of this straight yet? You have had one of the worst claims I have ever heard of and there have been a lot Berta's mess, Josephine's etc all for the really disgruntled veterans show up here along the way some show up early and get rated within 2 years and some of us take 5-9 years and then there are people like you and and some of the others that playe for 10, 20 and 30 years the worst I ever saw was in 2005 a guy had an eye claim going back to 1945 that was finally settled 20% or 30% he had been blind in one eye since WW2 now that was one determined man.......

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In 1994 I asked for a pain clinic consult. I showed up. A shrink

showed up and tried to put me into the lock-down ward for detox.

The shrink also stated that my obstructive apnea did not exist.

That was 5 years before I had any sleep studies done.

Where the hell did my pain clinic consult go?

No travel pay.

I requested a Regional Office, PTSD related hearing back in 1996.

They did not schedule a hearing but, used the fact that I did not

show up for a hearing to put me on hold for several more years.

The Tiger Team caught that one in 2002.

They scheduled an appointment for a diagnosis of fibromyalgia but,

they forgot to check on the day of the week that the clinic saw

patients.

I showed up. The doctor, of course, did not.

No travel pay.

They used that MISSED appointment to deny my claim without any

consideration.

It took 12 years to clear that up.

They made me an appointment to see an orthopedic specialist.

I showed up.

The doctor showed up. The doc ordered an x-ray.

I hand carried the order for the x-ray to nuclear medicine.

The clerk looked at it, tore it up, and then dropped it straight

into the trash.

No x-rays without a doctors order. The doctor got tired of waiting

on the x-ray and went home.

They claimed that I did not show up for the exam.

No travel pay.

I pitched a bitch and they made another appointment.

I was x-rayed.

No travel pay after 4:30.

The x-ray went to yet another orthopedic doctor or radiologist.

6 weeks later they said that the results showed that my left knee

was completely shot to hell.

The PA asked me why I had waited so long to have it examined?

My records show that I started asking for an examination in 1979.

No travel pay after 4:30.

It was after 5 before they saw me.

23 years, after asking for it at least 96 times, I finally got that

ortho consult examination accomplished.

But, my knee is not really shot, it's loose. They had the wrong x-rays.

No travel pay after 4:30.

They told some other veteran that his knee is fine, don't pass GO

or collect 200 dollars.

Now I'm still waiting on another consult.

They scheduled my PTSD C&P. As always, I showed up at 3:45, 15

minutes early.

The address they gave me for the private sector examiner IS a vacant

parking lot.

No travel pay after 4:30.

The RO used that missed appointment to deny without consideration.

The PTSD claim lasted another 4 years before being resolved BY the

Tiger Team.

In 2006 I had x-rays done of my neck.

She sent me straight to an MRI a few days later.

No travel pay outside the VA.

The MRI results showed that I should be dead.

The ortho specialist sent me to the BIG hospital for surgery.

5 hour drive.

The BIG hospital said that all I needed was some therapy.

In the meantime don't drive that 220 miles to get home again!!

Come back in 2 months and therapy will get set-up.

Travel pay claimed that I lived to close to be eligible for travel pay.

Within the next week I had 3 more 'outside' consults.

The ortho-spinal doctor was worried that I might not survive the 8-hour,

60,000 dollar surgery.

I never went back to the BIG VA hospital for the therapy.

200,000 bucks and 7 surgeries later, Heeeere's Johnny.

Would somebody please tell me where I have not correctly played the VA game.

sledge

sledge,

That is an amazing recounting of events.

absolutetootely amazing!

You really should send this to your Senators and Representative, requesting that it be "read into the records", you know, leave a little "legacy" behind when you do get around to "checking out"!

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Go to the exam, and appeal for years like me...waiting almost 7yrs r/t the liar biatch NP freak!!

Sledge...get denied, appeal,they denied again and say not timely, then declare me DECEASED, prove"I'm ALIVE", then propose to sever, deny, personal hearing takes place, deny, BVA, waiting waiting condensed version of happenings...BTW NP discharged from C&P's because of frauds/lies, but VARO and VAMC never want to re-order exam, deny, wait. WTF guess they hope I will die 1st!

So Go to the C&P dude and hope you don't have the same long journey the majority of us do...remember liars get bonuses as they save the VA $$.:angry:

Never give them ammunition to blatently deny as a no call/no show!

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SLEDGE, you can believe this or not but over the years that I have been trying to get VA to correctly pay my service connection conditions. I had call center operators place the phone down and say loud enough for me to hear, "is he calling again" or my favorite " Doesn't he know that is a lot of money". I look at the fact that if my records show that they should award me my claim and correctly pay my claim it really doesn't matter how much money it is. I have a right to it, I am entitled to it, I earned it, and they should correctly pay me. I also talked to several VSOs and they said that VA will fight to the point where I have to prove beyond the shadow of doubt and then I will still have to battle them using their own regulations. I even used some of their rating decisions to prove that VA had the evidence in my file and VA was aware of it but they still denied my claim. VA finally awarded me 100% P & T and then VA called me and asked if I would drop all my appealed claims. I take drugs and they mess with my head and I have cognitive problems but there is no way that I will drop my claims and just give up. This has been going on for fifteen years and I even believe that the BVA agrees that I have a legitimate argument for my claims but we will see what the final outcome will be.

Hope This Makes Sense

Edited by pete992

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Remember Terry the guy who was in the VA nursing home for years. He used to pull the fire alarms when the personnel refused to help him. His story was so bizzare I did not believe it at first. He was paid $200,000 in damages from the VA nursing home. He did have some mental problems, but this guy fought the good fight against huge odds. He got his 100%. I met him once. He had terrible physical problems as well. I think his kidneys were failing. Carlie and Phil were there. Poor Rockhound got a medical discharge and then the VA said he just had a personality disorder so he got no compensation for years and years living in poverty.

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In short, No!

You can present evidence that might be such things as treating doctor's statements and medical records. The examiner may ignore them, or actually use them. You can refuse an exam only under very limited conditions. When you do so, you are giving up the "right" to a C&P exam. This can be significant, in that the appeals process concerning a denial can reverse or remand a denial if the VA did not provide a C&P. At the examiners discretion, a C&P exam can be more of a records review. That said, expect some medical tests or rudimentary medical "exam" , such as blood pressure, blood tests, urine tests, etc. An EKG will likely be taken if the claim has any relation to heart disease.

PTSD exams are perhaps the most variable of all. The exam may actually be more "subjective" and subject to the examiners "opinion", rather than based upon medical facts.

On the other hand, improper use of a C&P exam can open the VA to various charges. Among them is fraud, waste, and abuse. Imposing medical tests that are not appropriate, given a veteran's medical condition is another one. Getting into this area is the usual "fighting city hall" bit, and not recommended.

I'd suggest that you attend a C&P exam, unless there are very, very serious reasons not to do so.

You supposedly can get the VA to cancel or reschedule an exam, but they will do so reluctantly, and have the option to not do so.

? Is there anything out there (ie Reg) that says a person who shows up for a cnp cannot refuse the examination when they find out it is to be done by a nurse practitioner instead of a real doctor. (I dont want to waste any more time going to real doctors outside of the va to refute someones incomplete knowledge.)

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.....................and, as I said:

"You're a grown-up person.................take yer pick."

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? Is there anything out there (ie Reg) that says a person who shows up for a cnp cannot refuse the examination when they find out it is to be done by a nurse practitioner instead of a real doctor. (I dont want to waste any more time going to real doctors outside of the va to refute someones incomplete knowledge.)

dwragon,

1) No one wants to have to "waste time going to real doctors outside of the va to refute someones incomplete knowledge".

There are often times when a VA claimant really needs to seek medical opinions outside of the VA just to rebut something

of record.

2) VA has rules they are supposed to follow.

The vet files a claim and the VA see something in their records that shows the issue might possibly relate to active duty.

The VA is supposed to follow their duty to assist by

a) requesting any records the vet has pointed out, provided contact information for, signed and submitted a release of information for

B) providing an examination for compensation and pension (C&P) purposes.

There are but a few C&P examinations that are required to have an examination by a "specialist".

Right now, these are the ones that come to mind.

a) Mental Health

B) Audiology

c) Vision

d) Dental

Someone has already posted to you that in regards to whom ever performs your C&P examination (outside of the specialist noted above)

the exam will be signed off on by a doctor of some sort - (even though they never physically examine you).

They are the supervisor over the NP, ARNP or possible janitor (lol).

When the VA requests a C&P examination - whether it's done at a VAMC or by an outside QTC doctor - the VA is paying for this examination.

If you feel you need a specific type of doctor to do an examination for you - then you go and pay for one and hopefully it will be

complete and accurate enough to help advance your claim for service connection/current percentage level of disability.

A real good way to help speed up the adjudication of your claim issues for either service connection or an increase

is to fail to show up for a VA C&P examination. That way you can help the VA provide a denial in a timely manner.

jmho,

carlie

Don't pay any attention to the smilies - I didn't put them there that I know of.

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The smilie or emoticon is a "B)" We used to be able to turn them off and on but not on this new format If you don't want it don't use the ) or put a . or some other symbol

b.) or just a b instead of B)

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The smilie or emoticon is a "B)" We used to be able to turn them off and on but not on this new format If you don't want it don't use the ) or put a . or some other symbol

b.) or just a b instead of B)

OH DARN IT! Now I have ANOTHER "new" language to learn! I just figured out that I have to learn "SPANMEX" so that I can communicate with:

1. The guy that mows my lawn.

2. The gal that works at WalMart.

3. The 16 people that just moved in next door.

4. The dude that came out from the city to turn my water off due to "non-payment" of my water bill (he had the address wrong, it was really supposed to be turned off at the peeps next door.......yeah, those peeps). :angry:

5. The guy that works at AutoZone (yeah, the one that AutoZone hired to sell auto parts to the "hispanic customers", you know, the one that stands there until a "hispanic customer" shows up).

6. The two peeps that showed up yesterday, at my front door, looking for the peeps that live next door. Something about them buying a car on credit and giving MY address and they were there to repo MY car. :angry:

And, NOW I gotta figure out how to keep the little "smiley face" from showing up on MY posts...........learning ANOTHER "language" again.

Look, folks, ENGLISH is NOT my "first language", BUT, as an American, I learned it, and take great pride in having learned it WELL...............now, go away and take your "SPANMEX" with you.

But, I'll do my best to keep the little "smiley face" from showing up in my posts, thereby eliminating the impression that I am ACTUALLY "smiling", 'cause I'm NOT!

:D B) :) :lol: :P

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dwragon,

1) No one wants to have to "waste time going to real doctors outside of the va to refute someones incomplete knowledge".

There are often times when a VA claimant really needs to seek medical opinions outside of the VA just to rebut something

of record.

2) VA has rules they are supposed to follow.

The vet files a claim and the VA see something in their records that shows the issue might possibly relate to active duty.

The VA is supposed to follow their duty to assist by

a) requesting any records the vet has pointed out, provided contact information for, signed and submitted a release of information for

B) providing an examination for compensation and pension (C&P) purposes.

There are but a few C&P examinations that are required to have an examination by a "specialist".

Right now, these are the ones that come to mind.

a) Mental Health

B) Audiology

c) Vision

d) Dental

Someone has already posted to you that in regards to whom ever performs your C&P examination (outside of the specialist noted above)

the exam will be signed off on by a doctor of some sort - (even though they never physically examine you).

They are the supervisor over the NP, ARNP or possible janitor (lol).

When the VA requests a C&P examination - whether it's done at a VAMC or by an outside QTC doctor - the VA is paying for this examination.

If you feel you need a specific type of doctor to do an examination for you - then you go and pay for one and hopefully it will be

complete and accurate enough to help advance your claim for service connection/current percentage level of disability.

A real good way to help speed up the adjudication of your claim issues for either service connection or an increase

is to fail to show up for a VA C&P examination. That way you can help the VA provide a denial in a timely manner.

jmho,

carlie

Don't pay any attention to the smilies - I didn't put them there that I know of.

I dont plan to miss the appointment, just refuse one, not even a major one (I have over 80 original service connected claims, filed over 12 years ago, that doesn't include secondary conditions that have been filed for since.) to see about geting this into the arguement system. (I'm planing on going to paralegal school this fall.) My claims file is currently 2000 pages thick. The va refuses to even acknowledge my gulf war claims, simply denies all of them when the symptomology is clear in my service medical records. All of this was filed for within one year of discharge. Been medically retired by the USPS and SSDI since Feb 04. TDIU denied. 90 % SC since dec 04 for Psoriatic arthritus, NP just stated that their was no evidence of psoriatic athritus. I carry my medical records in a laptop so doctors can search all of them in an instant, but still cant go to any hospital without being diagnosed with a new condition.. VA refused to process timely filed extension of GI Bill benefits based on inability to utilzed due to service connected conditions. Going back to school so I can learn to harrass th VA as much as they have harrassed me, and to help others along the way. I went through one veterans SMR and found 65 things he should have been service connected for, another veteran, 35.

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I dont plan to miss the appointment, just refuse one, not even a major one (I have over 80 original service connected claims, filed over 12 years ago, that doesn't include secondary conditions that have been filed for since.) to see about geting this into the arguement system. (I'm planing on going to paralegal school this fall.) My claims file is currently 2000 pages thick. The va refuses to even acknowledge my gulf war claims, simply denies all of them when the symptomology is clear in my service medical records. All of this was filed for within one year of discharge. Been medically retired by the USPS and SSDI since Feb 04. TDIU denied. 90 % SC since dec 04 for Psoriatic arthritus, NP just stated that their was no evidence of psoriatic athritus. I carry my medical records in a laptop so doctors can search all of them in an instant, but still cant go to any hospital without being diagnosed with a new condition.. VA refused to process timely filed extension of GI Bill benefits based on inability to utilzed due to service connected conditions. Going back to school so I can learn to harrass th VA as much as they have harrassed me, and to help others along the way. I went through one veterans SMR and found 65 things he should have been service connected for, another veteran, 35.

Are you acting as a veterans service officer for these veterans?

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Are you acting as a veterans service officer for these veterans?

no, I just showed them what they did not know about/ how it applied, and let them make thier own choice as to what to file for. After all, any veteran can legally make any claim. Its the opinion of the va as to wether it was service connectable or not.

Everything I showed them was directly taken from their SMR, or related to their service in the PGW. On of the guys actually helped blow up the Khamisiyay bunkers.

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I dont plan to miss the appointment, just refuse one, not even a major one

(I have over 80 original service connected claims, filed over 12 years ago, that doesn't include secondary conditions

that have been filed for since.)

I went through one veterans SMR and found 65 things he should have been service connected for,

another veteran, 35.

dwragon,

Refusing a C&P is the same as not attending the C&P.

Over 80 issues for service connection ?

65 issues for service connection ?

35 issues for service connection ?

Absolutely NO REASON left for any veteran to wonder why there's a backlog of

over a million claims - People like YOU filing claims like this.

This is an embarrassment as you are one of "those" people that make us all look bad,

this is why they call us compensation seeking - malingering veterans.

Shame on you and your ways !

jmho - as a veteran,

carlie

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Here is my solution.

1. Show up

2. Let your NP/w Doctor co-signer do your C&P.

3. Get a copy of C&P 10 after with FOIA, from the VAMC Records office.

4. If you don't like what is written, then rebut with an IME/IMO...

5. Wait for decision

6. Survive and don't burn out....

Edited by Stretch

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When bad advice is given on Hadit it is imperative that the person learn that they are mistaken. Unless someone gives advice accompanied by written regulations all it adds up to is an opinion. There used to be a Veteran who consistently advised Veterans to turn them selves into the Court and not take the steps necessary to work a claim. He would not stop and now he is no longer here. It is a shame cause he went through hell and was mistreated by the VA.

I am going to ask anyone who wants to advise any one not to attend a C&P because in their opinion they think a NP is not qualified to stop.No more Hadit insists that not missing a C&P is critical to your claim. Why poke a stick in the VA's eye it is already adversarial enough.

I am closing this thread. I should have done it sooner.

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