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Refusal Of Examination By Nurse Practitioner

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dwragon

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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.)

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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 pacmanx1
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  • HadIt.com Elder

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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  • HadIt.com Elder

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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  • HadIt.com Elder

.....................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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