C&P Exam Question

[GLW]

Can a C&P examiner opinion on a IME/IMO opinions? It seems, I recall seeing this was a no-no.

Also, I have a formal hearing coming up on a NOD to the appeals board, I think I can request this hearing to be informal at the hearing opening. Any help.

My DRO hearing was informal and still recorded. I think the informal hearing allows for a little more leeway in presenting the evidence.

 

Thanks to all.

 

[Gastone]

It would be an error in judgement to consider doing the BVA Hearing "Informal" no recording or transcript. DRO's aren't Lawyers, BVA Hearing Judges are. Think long and hard about this one.

What's 20% of your possible Retro Award look like? Might be time to talk to a VA Appeals attorney, if only for a face to face, free consult. Run your "Informal" idea, past him/her. Get a better idea of your Legal situation.

You need the Recording and Transcript if the Decision goes South. You would be taking the CAVC Appeal off the table, not good.

Semper Fi

[broncovet]

GLW:

Yes.  The C and P examiner is supposed to read the entire medical record, and render his professional opinion, on your medical condition, its etiology, and severity for compensation purposes.  VA often calls for a C and P, when Doc A, says x, and Doc B says Y.  A C and P examiner's report is considered to be "professional" medical evidence for VA purposes.  THe C and P examiner is presumed to be competent, in the absence of a challenge from the Veteran, so his opinion will be highly probabative.    The C and P examiner can opine that another doctors opinion was in error, but he should give reasons as to why he disputes another doctors opinion.  

The DRO is supposed to make a judgement call on the various medical opinions of the condition and its etiology, and decide if you meet the criteria for an applicable disabilty percentage and effective date.  He can select one opinion of one medical person over another, as long as he gives a reasons and bases as to why he gave precedence to one medical opinon over another.  A good reason could be that Dr. A had read your entire medical record, and Dr. B had only seen you one time, so his opinion was more thorough.  

This is usually why VA wants the C and P examiner to state that he reviewed your records.    That way, VA has evidence to deny...gee this doctor did a more thorough job, as he read all your records, and the other doc who said your condition was at least as likely as not related to service did not.    However, if you already had Dr. A who offered a favorable opinion, your lawyer may argue that VA was "Dr. Shopping" to get a reason to deny.  They are not supposed to do that.  

[GLW]

Thanks Gastone and broncovet. I get the info/answer I needed. 

However; my questions weren't clear. This is a hearing at the RO before sending the file to the board. My past DRO hearing was informal with recording and transcript provided. I agree with the 20%. I took an attorney with me to the DRO hearing and I will have one with me this time also. I am just like a few of you, it is my claim and I want to be in total control. The attorney earned his 20% at the DRO. It was a nice sum and this one will be also. I taught him a few things I learned from this forum. 

Thanks again.

[Inarticulate&Distorted]

pretty much a C&P exam is not a "medical" exam, it's a Forensic exam. so look at the difference of the two, what's Forensic? Law, which means the doc's #1 job is to protect the VA by being paid by said VA to weed out Fraud, with a capital F. FRAUD. so, it's REQUIRED he look at your records, and his OPINION on your Doctors opinion is a for determining Fraud. you know, to give his medical opinion within the constraints of the Law, Service Connected, Nexus, and %.....that's the Game