tdiu C&p Exam

[SSGmajik]

Hi everyone, need a little help on this one! I was recently medically retired from my federal job due to my service connected injury getting worse. So, I filed for TDIU and I had my C&P in Nov and in Dec I went and got a copy of my medical records to see what the doc wrote on my C&P, because I felt the C&P was not thorough. After reading my C&P I noticed the doctor had put several things in there that one he did not even examine me on and two he lied on the other things. I had 3 neurosurgeons and 1 spine specialist all say different things than this C&P doc. I have the evidence I need to prove this doc either lied or did not examine me properly. What can I do? Should I wait for my TDIU decision and appeal it or make an inquiry now for another C&P request? Any help would be greatly appreciated.

[Notorious Kelly]

SSGmajik,

I'm sorry you're having to deal with this aggravation in your claim, but glad you're on the ball and caught it.

I'd submit that evidence with your statement on VA Form 21-4138 CLICK HERE for form

Good luck!

[Berta]

Do you have the actual C & P results?

I called up a C & P doc=well not a doc , a PA, who did C & P on my claim last year-his secretary told me he would consider all the evidence I had in the file and he had already told her that I had plenty and his opinion was being prepared.

His opinion however was bizarre and speculative. I was furious as to what he had overlooked.I pointed his errors out to him in mail-( he had never responded to my phone calls)and I never got any response but more importantly (the C & P was for a remand from the BVA)I sent the BVA a rebuttal to the C & P which they had requested from a cardiologist but I got a PA instead and I rebutted with the medical errors (and evidence) he made in the opinion.

I also immediately contacted a real cardio doc for an IMO when I got the BVA remand. The IMO docs liason emailed me as to how well my request had been prepared as he thought I was a doctor myself or a lawyer- I had no doubt at all that the fee I sent would provide me with my 4th excellent IMO in support of my claim.

But then as I waited for the IMO -I got a brown envelope from the VA a few weeks later and figured it was sent to wrong place-I had gotten veterans decision before erroneously from the BVA and had to contact the reps on the decision.

When I finally opened it I found it was in fact an award from the BVA.

They had found the PAs opinion too speculative and disregarded it completely.

I am quick to pick up the phone and call C & P docs or email them if they are wrong and have done that for every C & P report I ever got.

But what changes lousy C & P exams ,I have found, is to have a rep who can make a stink with the RO-some might do that- or request a new C & P exam yourself (which also can be done sometimes)with a request to the RO based on facts.

And a strong rebuttal to the exam, line by line, with medical evidence sent with request for a new C & P .

The rebuttal can be used as a request for reconsideration if the claim is denied.(that doesn't stop the NOD clock however)

Raters justify their decisions based on C & P opinions. This has been for decades, in my opinion, a clear cut conflict of interest.

It is like, say my local store sells me tainted ground beef and I get sick and then the store owner tries to sell me his own bottled remedy for food poisoning.

It is a disgrace that many vets and widows like me have to spend thousands of bucks to get a real doctor to give a real medically accurate opinion to support our claims.

[Chuck75]

Personal opinion only - - -

If a VA document, such as a C&P report is in obvious error, and contradicts opinions by more medically qualified specialists, I'd certainly write a letter explaining the problem, and in your case, request a new C&P by a different examiner.

VA medical records can be just as bad, and for instance, contain mention of such things as referrals that were never made, or mentioned to the veteran, to name just one.

A C&P exam that was never done may have a completed C&P form in a veterans file that totally contradicts the actual medical and service records. An RO may see this, and immediately stop claim processing.

At least the your letter "should be on file" when and if you need to appeal.

[SSGmajik]

First, thank you all for your advice and sharing your personal experience. It's a shame that we have to fight for our benefits and watch the VA so closely for these kind of things!

I was reading my C&P results the doctor sent to the regional office. I have contacted my congressman's office (pro veteran) to file an inquiry on my behalf and I also spoke with the VA and requested a new C&P. I hoping since my case is still in the developmental stages I think they should have no problem giving me a new C&P, but I never put anything past the VA, especially when it comes to them trying to deny you benefits! I also was recently medically retired from a government job and will have no problem submitting evidence to discredit this C&P doc, but I also want to make sure this doc can't do C&P examinations anymore. I don't want any other vets to have to deal with him lying about them is well.

I filed for TDIU in Oct and I can't believe it is taking this long! I'm glad in a way, because of in light to what has happened, but still how do they expect someone to wait this long if they have little to no pay coming in? It's ridiculous that they are still in the developmental stages after over 3 months! Does anyone know the average timeline for receiving a TDIU decision? Anyway, if anyone has any other info or recommendations I would really appreciate it. Thanks again for all the help thus far.

[carlie]

I have contacted my congressman's office (pro veteran) to file an inquiry on my behalf and I also spoke with the VA and requested a new C&P.

I also was recently medically retired from a government job and will have no problem submitting evidence to discredit this C&P doc, but I also want to make sure this doc can't do C&P examinations anymore. I don't want any other vets to have to deal with him lying about them is well.

I filed for TDIU in Oct and I can't believe it is taking this long!

SSG,

Contacting your congress critters usually just slows you claim down.

I would go ahead and submit any and all additional evidence that I

was in possession of that would support my claim issue.

I doubt you will be able to have any effect on this providers ability to do C&P's.

If you just submitted a request for IU in Oct and have already had a C&P

that's pretty good time wise, up to this point.

JMHO

[Berta]

Could it be any former employers you had have not responded to their requests?