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Negative C&p Exam - What Next?

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JC1948

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My C&P examiner stated on her report that she did not find objective evidence to support a diagnosis of claimed illness. Will this report cause my claim to be denied even though my neurologist reports I have the disease?

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Hello John999,

I thought about what you said about getting an IMO or IME so I looked up IME's in my area. It so happens my neurologist is a certified IME so I hope his diagnosis will be confirmation enough for the VA!

Get an IMO or IME that will rebutt the findings of the C&P exam point by point. Even if you get another C&P exam it might be worse. Who pays for C&P exams? The VA pays for these exams. They work for the VA. You need a doctor who is working for you, and getting paycheck from you. Nobody at the VA is your friend.

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I thought about what you said about getting an IMO or IME so I looked up IME's in my area. It so happens my neurologist is a certified IME so I hope his diagnosis will be confirmation enough for the VA!

VA may try to go with the C & P examiners' opinion, but if the rater does his/her job they should still award you the service connection. If they deny your claim, you can ask for a reconsideration based on you neurologist opinion and if that fails, you should win your claim on appeal.

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Generally, yes. A question arises as to the competency and qualifications of the C&P examiner in the specialty, since a board certified specialist's opinion, preferably two, can and should be given greater weight than a lesser qualified

opinion. Unfortunately, the VA often gives unsuitable weight to a C&P exam, even when the examiner is not really qualified to give the opinion, at least in everyone's eyes but the VA's.

Expect to appeal. Medical evidence of the condition, and an IMO from one or more qualified and board certified specialists will, if looked at properly, outweigh the C&P. The appeal process may send the case back to the VARO requesting another C&P.

You can also request another C&P, stating that the original C&P was inadequate. How this can be successfully done is not something that I've had to get into.

Medical conditions are one thing, Physiological another. Just because a condition is not patently evident on a given day and time does not mean that the condition does not exist. If treatment is in progress, and effective, the condition may not be in evidence at a particular time.

My C&P examiner stated on her report that she did not find objective evidence to support a diagnosis of claimed illness. Will this report cause my claim to be denied even though my neurologist reports I have the disease?

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Without knowing what the condition is, it is hard to say. There can be no objective evidence of a headace. That does not mean that it does not exist. A person can stop seeing and the is no objective evidence that they are blind. Pain can be rated at 10 percent.

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