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Failure Of C&P Examiner

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63Charlie

Question

In the middle of a C&P exam for scars, the examiner didn't take any measurements.

He sent a woman in after he left, to take photos of my scars.

 

I asked this person," Why didn't the examiner measure my scars?", as this was necessary to get a fair decision/rating.

She left and in a short time the examiner returned.

 

I asked him the same question.

He measured one scar on the back of my neck and none of the others.

I even specifically pointed out the ones I wanted him to measure.

He said that the rating officer will see the scars from my photos and that is mostly how they make their decision.

 

That isn't the rules on scar evaluation.

 

This guy was a P.A.

 

It was a bad omen when one of the first questions the examiner asked was," What is your current disability rating?"

That made me feel like he was going to do all he could to make sure I would never reach 70% disability.

 

At the end of the exam he stated he was a veteran too.

 

When his assistant returned once again to take the photos, she began to tell me how my examiner was a really good guy and was serving in the Reserves currently.

Took all I could do to bite my tongue and hold back and tell her how he did a hatchet job on my claims.

 

Finally.... forgot to mention..he checked my ankles range of motion without using a goniometer, or any form of test instrument.

Then he proceeded to inform me that I needed to get a medical diagnosis of my ankle condition.

I told him that I have an orthopedic appointment scheduled for my ankles the following week.

 

MY QUESTION IS: Will I have to wait and NOD/appeal the bad exam AFTER a decision has been made? Or is there an alternative such as writing a complaint and/or request a new exam before I get a rating?

Edited by 63Charlie
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  • HadIt.com Elder

you need to wait for a decision   well actually you have to before you can file NOD.

Was this was a C&P at the VA?

I'd go see the C&P Director...take the CFR Reg's with you

(found here on hadit) about what and how the exam is to be conducted how the scars are measured and ROM...Let the Director know what this examiner did by not measuring your scare's correctly  or using the correct tool  for  ROM and request another C&P with a different Dr....... & that if he/she can't help you with this? you will find someone who can.

Also ask the Director  why did the examiner ask you what your rating was? why did he need to know that?

JMO

.................Buck

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Check to see what he put in your C&P report, it should be in the EVet Bluebutton report.

If the guy was doing you any favors, you would find it there, if not, you will find it there. 

 

Point is, even if he did a halfassed job, wait to see what he put down in writing before you do anything.  He just might fool ya!

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I've had a few C&P exams go in my favor that I really thought the doc either didn't care or was incompetent. I say that because they just asked me questions and I answered them.  I was honest in my answers, but they did no exam to confirm my statements. Off the top of my head, my deviated septum and BPH were rated without the doc doing any type of exam.  All they did was ask questions.  

I agree with waiting until it shows up on the blue button.  

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Do some homework on your C&P examiner and find out all you can about him.

Why some C&P Exams are not as good as others...  I hope the link comes out ok.

My point is, find out all you can about who/what your Drs. are;  especially if the VA contracted your C&P to an outside firm.. The contractor  may or may not be looking out for the veteran.  Below is one of the firms contracted with the VA to do C&P's.   My first impression of this firm is that they may not have the "most experienced" DR's to preform the VA C&P.   Note I did not say they are not good DRs, only they might not have the knowledge of conducting a "VA PROPER"  C&P.

One of my friends had a C&P done at this contractors facility and the DR. was not interested in any of the material he brought with him.  Basically my friend sat there in front of the DR while he entered/looked at a bunch of stuff on his computer..  Asked my friend a few questions, looked at his scars(did not measure them) and that was about it.  30mins later the exam was done. Oh yeah, he asked my friend if he had any pain..  This C&P was a result of a NOD he filed on his original claim denied for SLE (Lupus) .

VA denied the claim without scheduling a C&P for him. 

Will be interesting to see his results of the C&P

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Become a Veterans Administration C&P Provider

 

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Medical Support Los Angeles (MSLA), A Medical Company contracts with the U.S. Department of Veterans Affairs (VA) to conduct compensation and pension (C&P) evaluations in California, Nevada & Hawaii.  
Current Opportunities 
We are constantly recruiting independent examiners in all areas of specialty to join our provider network. Various work schedules are available, including evenings, weekends and part-time.  Our Medical Director and Quality Assurance staff will provide you with necessary training to become a registered and qualified C&P examiner.  
What is a C&P examination?
C&P examinations do not involve treatment and each evaluation consists of reviewing the veteran’s subjective complaints (history), followed by the examination.  The examiner completes the appropriate Disability Benefits Questionnaires (DBQ) that is utilized in the disability evaluation process.  DBQs contain check boxes and standardized language to streamline the process enabling providers to capture important information needed by VA to accurately evaluate and promptly decide Veterans' claims for benefits.
Why Choose MSLA?
No administrative burden or collection hassles.
Industry standard payments of provider services that is promptly processed.
Providers have independence to focus solely on conducting the highest quality examinations/evaluations.
Our staff schedules all examination appointments; provides examination instructions/directions by letter to each Veteran; and each Veteran is assigned a caseworker to help them through the examination process.  
We Look Forward to Working with You
We would love for you to be part of the MSLA Team that aspires to take care of those who have so bravely served our country!
If you or any of your colleagues are interested in serving our Veterans, please complete the provider contact form or contact our recruiting department at: XXX-XXX-XXXX.

Help Our Veterans by Becoming an MSLA C&P Provider

 

Medical Support Los Angeles (MSLA), A Medical Company contracts with the U.S. Department of Veterans Affairs (VA) to conduct compensation and pension (C&P) evaluations in California, Nevada & Hawaii.

 
Current Opportunities 
We are constantly recruiting independent examiners in all areas of specialty to join our provider network. Various work schedules are available, including evenings, weekends and part-time.  Our Medical Director and Quality Assurance staff will provide you with necessary training to become a registered and qualified C&P examiner.  


What is a C&P examination?
C&P examinations do not involve treatment and each evaluation consists of reviewing the veteran’s subjective complaints (history), followed by the examination.  The examiner completes the appropriate Disability Benefits Questionnaires (DBQ) that is utilized in the disability evaluation process.  DBQs contain check boxes and standardized language to streamline the process enabling providers to capture important information needed by VA to accurately evaluate and promptly decide Veterans' claims for benefits.


Why Choose MSLA?

 
  • No administrative burden or collection hassles.
  • Industry standard payments of provider services that is promptly processed.
  • Providers have independence to focus solely on conducting the highest quality examinations/evaluations.
  • Our staff schedules all examination appointments; provides examination instructions/directions by letter to each Veteran; and each Veteran is assigned a caseworker to help them through the examination process.  

 


We Look Forward to Working with You
We would love for you to be part of the MSLA Team that aspires to take care of those who have so bravely served our country!
If you or any of your colleagues are interested in serving our Veterans, please complete the provider contact form or contact our recruiting department at: 866-4-MSLACA.

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I personally would never correct a C&P examiner no matter how bad or incomplete I thought it was going.  I too, had a C&P where the examiner should have measured a scar, but didn't.  So, when they tried to rate, they couldn't and I had to go to a second C&P for measurement.  

When I got my decision (a win), the second examiner added a claim for acne, which was service connected.  Which I never claimed, but he found in my med record.

FWIW, the second examiner was better than the first, but you don't get to choose, and its a lottery, but,

Telling someone how to do thier job, especially in the VA where your claim can go away for a long while, is probably not a good idea.

But you can diss-agree (NOD) and thats fair game, because thats the way they play,  Or reopen with new evidence, as I have done.

Hamslice

 

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The exam was contracted to QTC. 

What's there to lose by asking why he didn't measure my scars?

No measuring, no examining skin texture, no pushing in(palpation)of scars.

 All I wanted was an exam where I would be fairly evaluated.

Another NOD unless a VA rating officer is feeling some love for me, ha.

Edited by 63Charlie
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