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slangpdx

Filing A Form 4138 To Request Another Exam

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I got a copy of my exam and it is full of distortions, omissions and mistatements. I have an appointment with my rep tomorrow to file a request for another exam. Does anyone have experience with this or can suggest the best approach?

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You may need an IMO(Independent Medical Opinion) or a Medical Evaluation if you can get one from your primary care provider to refute what the C & P doctor said. You can use a civilian or VA primary care provider, just a doctor that knows you and have treated you.

Edited by pete992

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Slangpdx,Did they already give you a rating on the C & P Exam? If they did you need to file a Notice Of Disagreement within 30 days of the date of the Rating and send it Certified Returned receipt back to VBA. Also as Pete992 said you may need an IMO from an outside physician concerning the PTSD and that it is service connected. If you can get this from a Mental Health Professional it would be better! Try to get a letter from from your family, friends, co-workers and anyone that knows about your mental medical problem. Documentation is the key on PTSD. I hope this helps you out some.BigDan.

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Good advice on the responses. Recommend checking with a VA social behavorial health provider, they have tools to diagnose and care for those with PTSD. Also Service Medical Records aren't everything when it comes to PTSD and most often I hear vets were never diagnosed in service for PTSD, hence the 'post' for P-TSD. This condition doesn't usually appear overnight.

Encourage you to continue to read about other PTSD claims work by using Hadit search feature, something may strike a bell for you as well.

Best to ya,

Cowgirl

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Bigdan

Slangpdx,Did they already give you a rating on the C & P Exam? If they did you need to file a Notice Of Disagreement within 30 days of the date of the Rating and send it Certified Returned receipt back to VBA. Also as Pete992 said you may need an IMO from an outside physician concerning the PTSD and that it is service connected. If you can get this from a Mental Health Professional it would be better! Try to get a letter from from your family, friends, co-workers and anyone that knows about your mental medical problem. Documentation is the key on PTSD. I hope this helps you out some.BigDan.

I disagree, if a veteran is denied service connection for any claim and then gets new evidence within 30 days or so, as long as it is not close to the year dead line I would send VA a request for reconsideration based on new evidence and wait to file the NOD. It could be possible that the veteran could get his/her claim approved based on that evidence instead of just filing a NOD. When a veteran files a NOD, that is the beginning start of an appeal and VA likes appeals to go to BVA instead of reviewing the evidence. A veteran is normally given a rubber stamp denial without VA even looking at the new evidence. So I would try the request for reconsideration first then file the NOD. A request for reconsideration "should" take no more than 90 to 120 days and if the claim is denied the veteran can still file a NOD as long as he/she is within a year of the rating.

I do agree in this case that a Mental Health Professionals' (Medical opinion) would hold more weight since the problem is PTSD, Sorry I did not check before I posted

Hope this makes sense

As Always Hope the Best

Edited by pete992

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I also advise an IMO. You may get another c&p exam and it could be worse. I did as a result of an appeal of a biased exam. The next exam was even worse. The IMO's did the trick. The c&p was done by a resident. My IMO was done by a MD with 30 years experience.

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