Worst Tbi C&p Exam Ever

[manni]

Hello all,

So today I went to this C&P exam for my TBI increase (currrently rated 10%, decreased from 40% which I had earlier). I'm already diagnosed with TBI after IED and a suicide bomber.

Anyway, so I sat infront of the Doctor waiting for him to ask me anything. For 20 minutes he didn't say anything, he was just reading my medical notes on his screen. Then he asked me, what about your dizziness when did it start? I told him a week or two after the incident. He told me no, not true!!! I was like WHAT!!?? He said not true. I was really surprised as I didn't expect to say this.

He didn't ask me anything more about my dizziness he was about to continue reading when I told him that I went to ENT specialist outside the VA and he told me that my dzziness is related to my ears, I gave the papers that I got from the ENT clinic. He looked at them and then he gave them back to me. He told me, this is nothing, there is no diagnosis and no medication mentioned here. Ofcourse the diagnosis was there (menier's disease) but he chosed to ignore it. Then I told him here are the medication (Dyazide and Diazepam). He said no doctor will give this for dizziness. After that I decided to stop arguing with him.

His next question was about my headaches, he asked me if I have any headaches. The answer was yes. How often? The answer was more than once a week. He replied more than once a year? NO, more than once a week. More than once in two months. NO, more than once a week. I think he was paying stupid or something because then he asked if I said more than once a month, and I answered no sir, it's more than once a week like six a month.

He asked about medication, and I, again, showed him notes from a private neurologist, which mentioned Hydrocodene and Gabapentine 600mg 3 times a day for migraines. He did the same thing again, he said no neurologist will give Gabapentine for headaches and it's given for tingling. I told that's what the specialist gave me.

Then he said we are all done. No physical exam and no any other kind of exam. That's it, it took about 40 minutes .

So can anyone tell me what to do now and how to proceed from here. I think I lost my claim for dizziness and there is no way that I can appeal it, or reopen it. Any advice will be highly appreciated.

Thanks and sorry for this long post

[bojack]

I just took 6 c&p exams in order to increase my tbi rating. It's hit and miss when it comes to c&p exams... you just have to be wait and see until you get your c&p results.

Almost all of us have some type of bad experience with c&p examier.

[NavyWife]

Wow that is awful. I thought my husbands TBI exam was the worst but yours sounds even worse than his was!

Was this a VA doctor or a outside contractor?

Why do you say there is no way you can appeal or reopen your claim?

[manni]

I think the doctor was contracted by the VA. The reason that makes me think that I can't reopen this or appeal it, is because this guy was a doctor and as I know doctors wont contradict other doctors opinion (although this guy did). He said that since my discharge in 2008 I never mentioned anyhting about dizziness but now I'm having all these symptoms. That's not true because in 2009 while I was still in active duty I saw a doctor for my vertigo. Before that in 2006 I complained from vestibular tube dysfunction and it's mentioned in military record which I gave to him, and as he did with everything else gave it back to me.

I'm thinking about asking the ENT specialist and the neurologist to fill a DBQ for me for menier's and migraine, hopefully both will agree. Will this help??

[NavyWife]

To clarify, At this appointment were you there for three separate issues?

1. Increase already Service-connected TBI

2. New claim for Ménière's or dizziness

3. New claim for migraines

You can appeal ANYTHING with the VA! As a wise member on here- john999- posted once, he would appeal it if VA made him King for the day! ha ha

Just remember when you're appealing or asking for a reconsideration with New and Material evidence, the goal is to specifically dispute the reasons they denied you. For example if they deny you because the doctor did not give you a diagnosis, then go to a doctor get a diagnosis and submit that. Or If they deny you because there's no Nexus statement a.k.a. a connection between your military service and your current diagnosis--Then go to your own doctor and get that Nexus statement where the doctor says your current diagnosis was most likely caused by the military.

Getting those DBQ's is a great idea! But if these issues are not service connected yet --you absolutely have to tell the doctor to write the Nexus statement on the DBQ in the Remarks section.

[Mikemmlj]

Is it possible the C and P examiner was intentionally baiting you to see how you'd react? Just trying to spin this in a positive way.

[Notorious Kelly]

C&Ps are a game and you may have a positive outcome in spite of what you feel is a bad C&P.

That being said, my last C&P sucked and I got bad results now under appeal.

Good advice above; assume the worst and prepare countering evidence and present it all in a simple format on Form 21-4138 http://www.vba.va.gov/pubs/forms/VBA-21-4138-ARE.pdf