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Please Help - C&p Conflict

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vetwife

Question

I need to know if there is anything we can do?

My husband has numerous claims in. He is currenly only s/c for 1 of those conditions which took 3 yrs & finally being sent for C&P with a specialist to get.

He had several C&P's with a certain NP. They are always very bad (basically all said there is nothing wrong with him & it is all just his subjective complaints) all C&P with this NP have resulted in denials of his claims.

His last time it was ridiculous. It was grossly inaccurate - she did not have the c-file & the report looked like she mixed up records with another persons file - as it was so inaccurate & contradictory.

We sent a letter to the RO asking to have a new C&P by a DR & to have the NP's C&P removed. We stated all the easily verifiable inaccuracies.

Our request was completely iggnored, not ever addressed. He got his usual denial for that C&P as well & they used her C&P for the determination.

This letter is sure to be in his C-file & names the NP by name & how incompetent the exam & report were.

WELL.... RO is sending him back to the SAME NP for his 1 s/c condition for a "re-evaluation". This is his 1 s/c condition that was very hard to get to a speciallist & finally get the rating. It is only 30% - but now we are very worried she will have it taken away out of revenge. She is sure to see the letter about her in his file. I am wondering if they are sending him back to her on purpose.

My husband has called the 800#, sent 2 IRIS's and called the VAMC's c&p coordinator to try to get a new Dr. They have all told him the same thing - he can go or not go - but he is not getting a different C&P examiner. He will go anywhere - just doesn't want this NP.

Please any ideas on what we can do?

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Ok here is my problem. Last year I had a PHA and they thought I had Parkinson's. It was later discovered that was not the case however they still haven't found a cause for the tremors that I have. They supposedly started an MEB based on that. Then found out it had never left the base local PEBLO. This was after I was told it had already left the base. Then I was told it was fixing to go up. Then about 3 weeks ago my Psychiatrist said that she had requested they hold on to it until after my sleep study.

Well anyways that is not the reason I am writing this. For about nine months I had a severe sleep disorder where I couldn't get to sleep for 3 to 4 hours a night. I was sent up for a sleep study where they determined I had mild to moderate OSA. The last thing I was told by my PCM was that if it comes back that I require the CPAP that shell start an MEB based solely on that. When I took the second sleep study and the technician there said with mild to moderate it is not a matter of if you need a CPAP, you need that. I had told her what I was told on base and she said that the base should know that you are here to determine your number for the CPAP. She said you are not here to determine if you need it, you are here solely to get fitted and determine your number. It was started on number 7 and ended the night at 10 and had reached 11 at the end. She reiterated I was there only to find the number that I needed for the CPAP and said you have already been diagnosed with OSA. Ok, why did the PCM say if it is determined that I need the CPAP at the next sleep study then I will have a MEB if she shouldve known that i needed the CPAP and that was the reason i was there. Shouldn't she have already known that? The fact that I have been prescribed antipsychotics (Seroquel to get to sleep) for over 5 months I should have had an MEB based solely on that. That is what the AFI states. Seems to me there is a lot of breaking rules and not following the AFI's at all. I am to the point where I have 14 years is and personally would take my medical retirement happily. I have chronic lower back pain. They try to say its all in my head and that I am depressed and that's why it hurts.

Ok based on the fact that I have OSA and I will have the CPAP.

Diagnosed depression

Chronic lower pain

Chronic sleep disorder

Antipsychotics to get to sleep

What percentage could I be looking at and if I would be medically retired or medically discharged. If discharged medically could I recover a percentage for the above with Veterans Affairs? I have 14 years in this July. Some people post that some get medical discharged and others retired. Then there are some that have been saying that they keep you in and deploy you anyways. I would like to know where I stand according to AFI's or DOD regulations not hear say.

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  • Founder

mike make this post in va claims research as a new topic i think you will get more eyes on it this way

Ok here is my problem. Last year I had a PHA and they thought I had Parkinson's. It was later discovered that was not the case however they still haven't found a cause for the tremors that I have. They supposedly started an MEB based on that. Then found out it had never left the base local PEBLO. This was after I was told it had already left the base. Then I was told it was fixing to go up. Then about 3 weeks ago my Psychiatrist said that she had requested they hold on to it until after my sleep study.

Well anyways that is not the reason I am writing this. For about nine months I had a severe sleep disorder where I couldn't get to sleep for 3 to 4 hours a night. I was sent up for a sleep study where they determined I had mild to moderate OSA. The last thing I was told by my PCM was that if it comes back that I require the CPAP that shell start an MEB based solely on that. When I took the second sleep study and the technician there said with mild to moderate it is not a matter of if you need a CPAP, you need that. I had told her what I was told on base and she said that the base should know that you are here to determine your number for the CPAP. She said you are not here to determine if you need it, you are here solely to get fitted and determine your number. It was started on number 7 and ended the night at 10 and had reached 11 at the end. She reiterated I was there only to find the number that I needed for the CPAP and said you have already been diagnosed with OSA. Ok, why did the PCM say if it is determined that I need the CPAP at the next sleep study then I will have a MEB if she shouldve known that i needed the CPAP and that was the reason i was there. Shouldn't she have already known that? The fact that I have been prescribed antipsychotics (Seroquel to get to sleep) for over 5 months I should have had an MEB based solely on that. That is what the AFI states. Seems to me there is a lot of breaking rules and not following the AFI's at all. I am to the point where I have 14 years is and personally would take my medical retirement happily. I have chronic lower back pain. They try to say its all in my head and that I am depressed and that's why it hurts.

Ok based on the fact that I have OSA and I will have the CPAP.

Diagnosed depression

Chronic lower pain

Chronic sleep disorder

Antipsychotics to get to sleep

What percentage could I be looking at and if I would be medically retired or medically discharged. If discharged medically could I recover a percentage for the above with Veterans Affairs? I have 14 years in this July. Some people post that some get medical discharged and others retired. Then there are some that have been saying that they keep you in and deploy you anyways. I would like to know where I stand according to AFI's or DOD regulations not hear say.

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  • HadIt.com Elder

Just explain to the Patient Advocate what you have told us.

As far as what the Patient Advocate will do, well, I guess that's up to the Patient Advocate.

Edited by LarryJ
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not sure in this already posted or not so here goes again.

Ok here is my problem. Last year I had a PHA and they thought I had Parkinson’s. It was later discovered that was not the case however they still haven’t found a cause for the tremors that I have. They supposedly started an MEB based on that. Then found out it had never left the base local PEBLO. This was after I was told it had already left the base. Then I was told it was fixing to go up. Then about 3 weeks ago my Psychiatrist said that she had requested they hold on to it until after my sleep study.

Well anyways that is not the reason I am writing this. For about nine months I had a severe sleep disorder where I couldn’t get to sleep for 3 to 4 hours a night. I was sent up for a sleep study where they determined I had mild to moderate OSA. The last thing I was told by my PCM was that if it comes back that I require the CPAP that shell start an MEB based solely on that. When I took the second sleep study and the technician there said with mild to moderate it is not a matter of if you need a CPAP, you need that. I had told her what I was told on base and she said that the base should know that you are here to determine your number for the CPAP. She said you are not here to determine if you need it, you are here solely to get fitted and determine your number. It was started on number 7 and ended the night at 10 and had reached 11 at the end. She reiterated I was there only to find the number that I needed for the CPAP and said you have already been diagnosed with OSA. Ok, why did the PCM say if it is determined that I need the CPAP at the next sleep study then I will have a MEB if she shouldve known that i needed the CPAP and that was the reason i was there. Shouldn’t she have already known that? The fact that I have been prescribed antipsychotics (Seroquel to get to sleep) for over 5 months I should have had an MEB based solely on that. That is what the AFI states. Seems to me there is a lot of breaking rules and not following the AFI’s at all. I am to the point where I have 14 years is and personally would take my medical retirement happily. I have chronic lower back pain. They try to say its all in my head and that I am depressed and that’s why it hurts.

Ok based on the fact that I have OSA and I will have the CPAP.

Diagnosed depression

Chronic lower pain

Chronic sleep disorder

Antipsychotics to get to sleep

What percentage could I be looking at and if I would be medically retired or medically discharged. If discharged medically could I recover a percentage for the above with Veterans Affairs? I have 14 years in this July. Some people post that some get medical discharged and others retired. Then there are some that have been saying that they keep you in and deploy you anyways. I would like to know where I stand according to AFI’s or DOD regulations not hear say.

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