MarkInTexas

Was at Veterans Evaluation Services for a C&P examination in Houston on Saturday. The clerk said that they had 37 patients scheduled for C&P's on this particular Saturday alone, and that VES was increasingly busy. Looks like the Houston VARO is farming out most of it's C&P and lab work to VES for sure now. Mark

Mine says "Pending Decision Approval" under pending disabilities for several on appeal, but the list looks old and doesn't look accurate, and also doesn't list the new claims I have on file. I won't hold my breath. Goodness only knows what weirdness is going on at eBenefits HQ lately. Mark

Well, I just bought a few plants and some roller casters for the wife's table at Lowe's, and figured I'd give my new VIC card a try. I pulled it out and showed it to the clerk, and asked if they give veteran discounts. He looked at it, smiled, and said, "We sure do!". Then he subtracted 10% off my pre-tax balance. It worked! Not too bad at all. Thanks to Lowe's for being veteran-friendly, and for all of you here for the great advice. Thanks! Mark

Oh yeah....they'll string you along for a while. Sometimes, the VA will send the C&P reports back to the examiner for more details or for questions. Not really fair to the veteran, since he or she doesn't get to get examined regarding the new questions, and must rely on the examiner to go back and add something else without their knowledge. That is a bit scary too, because I would imagine that the examiner gets irritated about having to go back and correct or add something, which might be taken out on the veteran's case in retaliation. Mark

If I hit a dry hole after the VA's DRO decision on my evidence, my IME/IMO reports from the Ellis Clinic and an IMO from my oncologist who has treated my cancer condition for going on two decades, I will probably use Dr. Anaise myself. Talked to him once when I was debating an IME/IMO versus just an IMO, and opted for the Ellis Clinic at the time. A bit more affordable, plus you get a full face to face examination. However, Dr. Anaise is medical doctor who is also an attorney, and I found him to be quite professional. JMHO. Mark

I used to him back in February for a wide range of conditions. I was in the middle of a NOD....and well...still am, but felt I needed more evidence, and Dr. Ellis is pretty well known and recognized. I made the 9 hour drive up to Oklahoma City the day before the scheduled examination, luckily also right before a major ice storm they had. The hotel was literally a block away from the Ellis Clinic, so even an East Texas boy who is allergic to snow and ice could make it. They also give a room discount if you tell them you are a veteran getting an examination at the Ellis Clinic. The examination went well and the staff were extremely professional and courteous. They didn't humiliate or treat me like just another number, and really spent time visiting with me. Afterward, I took the wife and kids to the Oklahoma City bombing memorial and to a kid's science museum. We don't travel much, so I thought I would at least take advantage of the trip while I had come that far. It took them about two weeks to generate an IMO report from the examinations, which was quite detailed, but did have a couple of errors. I made corrections, mostly for dates and typos, and then scanned and e-mailed back to them. This took several weeks to correct, but I imagine that they were busy with the new patients, and could only play catch up on the corrected reports. However, they were always polite when I would call and check in, and I received the updated IME/IMO report consisting of about 10 pages. I don't know how much it will help, but I sent it on to the VA immediately, and now the VA has scheduled me for a C&P, which I took yesterday and a CBC blood work draw this next Tuesday. I guess it unhinged something, because I had been in the Land of NOD since like December 2013, with nothing at all from the VA but "Mark who?". I'll keep you posted on how well Dr. Ellis' IME/IMO's helped though. Good luck! Mark

I'm partially guilty of the sideline hijack, so I'll help keep on topic. On both my IME/IMO at Ellis Clinic, and with VES yesterday, they had me raise my arms, bend my legs and my back as far as I physically could, and held their hands on me the whole time. I'm assuming that is is partially to keep me stable for safety, and also to see where I tensed up or exhibited pain, which I'm assuming is for their own notes and accuracy and I would imagine also to check for malingering. Outside of my legs, I don't really recall that the examiner forced me beyond what I could do, albeit with a bit of pain at first, and then allowing me to stop. I agree that if you are still experiencing pain, you need to go to a licensed doctor for examination and possible treatment for any injuries sustained, or pain that you are still feeling. Make sure you get the examination and treatment record copies, along with a copy of any prescriptions that the doctor issues. Then you need to formulate a written complaint, noting the date, time, location and examiner's name along with the names of any clerks, nurses or other personnel that you can remember. I could be wrong, but you need to document first. Hope you get to feeling better, and that you are successful in your claim. Thanks for your service. Mark

Exactly!

Not sure if it helped my tinnitus claim or not, but after a while of not hearing anything from the VA after filing my claim in 2010, I went ahead and obtained an IME/IMO from a private audiologist. It was a 30 minute drive, and cost me $40, but may well have helped tip over the tinnitus from 0 to 10%. The VA finally scheduled a C&P for the tinnitus and hearing loss claims a year or so later, and remarked many of the same findings in my private IMO. Also received 0% for hearing loss-left ear. I am beginning to think that private IME's and IMO's may not "decide" cases up front, but definintely wake up the VA into scheduling you for one of their own C&P examinations, and "hopefully" are good trump cards if the VA examiner gives a lesser or reverse medical opinion during the rating process......hopefully. Mark

Georgia, I talked about the C&P I had yesterday afternoon in Houston through Veterans Evaluation Services (VES), which was also done by a Nurse Practitioner, in a different thread, but I'll throw in on here as well. This NP sounded good on my shoulders, back and legs, but sounded doubtful regarding my service connections for cancer. I already have an IMO on file from my specialist oncologist, who is a licensed doctor, and who has treated me for the past 17 years, service connecting my cancer condition. I also have an IME/IMO report from Dr. Ellis from the Ellis Clinic service connecting the same condition. Buck put my mind at ease a little in the other thread that a rater will or should take into consideration the IME/IMO's from licensed Doctors over that of a Nurse Practitioner or Physician's Assistant. Anybody else have similar situations where an actual IME and/or IMO from a private doctor trumped the opinion of a VA-paid NP or PA? Also, if this is the case, I would think that it would be advisable for any veteran filing a claim to go ahead and obtain an IME/IMO from a private doctor up front, even if the VA will schedule a later C&P to be handled by an NP or PA, if only to have an ace card in your file. Thoughts? Mark

Most definitely! Mark

Thanks, Andy!

Thanks again, Buck! One thing I forgot to mention was that the NP said that he had not had a chance to review my file yet, due to it being extensive. He winked and said that he planned to spend the rest of the day reviewing it. Said that the VA had given him instructions to ask specific questions on each condition. I kind of thought that they read over the documentation and records prior to conducting the examination. Have a great weekend! Mark

Thanks, Buck! Mark

Well, just got back home from the C&P down in Houston. It was performed by VES (Veterans Evaluation Services) on contract by the VA. Everybody was pleasant, but the examination was done by a Nurse Practitioner, which I found odd. I guess that these are what they are using now. Hopefully, my IME/IMO from the Ellis Clinic and my IMO letter from my oncologist will help bolster or trump whatever gets cranked out. I brought my SMR's and IME/IMO's, along with some other records just in case he didn't have access to them on his computer, but he refused and said he had all he needed on his computer. He seemed a bit agitated that I brought them, and made the comment that he had thought that the staff was supposed to be telling all of us veterans to not bring records. He interviewed me a while, then had me take off my shirt, peform some range of motion exercises, then shoes and socks, same thing, put back on the shirt, take it off again, put it back on, and then take it back off. After the second time, I figured he was just trying to see how well I could put on my shirt and/or take it off with my arms. Same with my shoes, then more interviewing. As I left, he made a comment that he felt he would be service connecting me for conditions with my back, legs and shoulders, but wasn't sure regarding my cancer. (I have my IMO from my medical doctor who has been my specialist oncologist for the past 17 years to hopefully rebutt any of the NP's "uncertainties". Just hope that they rely more on a licensed specialist "doctor" over that of a NP.) Also have an IMO regarding service connection on my cancer and subsequent surgeries and effects from Dr. Ellis from the Ellis Clinic. I also thought that the DRO rater would be the one making service-connection decisions based on the totality of the evidence. I finally got dressed for the last time....there was a period when my pants were halfway down (so he could take a photo of my appendix surgery scar), my shirt off and I had one sock on and one off and he was still checking my legs....and I had to laugh a little. I must have looked pretty goofy. He also took a photo of my neck where another surgery scar is located to remove lymph nodes years ago, then made a comment that he was e-mailing it to the VA. I didn't know that the C&P guys could simply upload photos in the VA system. Who'd have thought? Or he may have just been posting on Facebook for all I know. I left out, and made it back to my truck and headed home after that. Have to report back in next week for CBC bloodwork next. I'll keep y'all posted on what happens next. (I must confess that I waited until I got back to my truck to tuck my shirt back in, for fear that he would have made me take it off again in his office.) Mark

I know for mine, I had hearing tests which showed hearing loss, for which I was rated 0%. However, on the tinnitus, a lot of depended on the ringing/white noise that I was able to describe and the frequency during the examination. A key also is if you were in an MOS/AFSC, etc. that would subject you to extreme noise, such as a firing ranges, aircraft flightlines, engine rooms, etc. I don't think that they performed any particular "test" on me for tinnitus, but through the totality of the hearing tests, my interview and my career field, and the frequency of and resulting effects of the tinnitus, were what the VA used to justify my 10% rating for this condition. Mark

Local at the Houston VARO. I have a C&P scheduled with VES in Houston this Saturday, and then a CBC blood draw next Tuesday. Hopefully I'm nearing the end of this tunnel. Mark

My NOD was filed around December of 2013 and the clock is still ticking.....and yep eBenefits says that the appeals page will be down until September. I'm getting the same message. Mark

Congratulations!!! Mark

Thanks msattler! I did a "blind" NOD, while waiting on my C-File to arrive. I ended up waiting almost a year to file my NOD hoping the C-File would arrive, so that I could review my C&P results and comments, and verify what the VA had in their possession. However, it didn't arrive in time, so I filed a month or so prior to the NOD expiration date. After waiting a few more months with no response, I did a Presidential inquiry and my C-File showed up in the mail in a big box with hard copy documents. (I think they send CD's out now.) Within the C-File, I found about 89 pages of other medical and psych records from other veterans, and nearly all of my SMR's were missing, along with some of the documentation that I had personally forwarded. I regrouped, did multiple requests to the National Personnel Records Center and dug around in my military boxes for old SMR's and personnel records. (I should have done ALL of that prior to even filing my original claims. My fault.) After obtaining as much of my SMR's and personnel records that I could from my private stash and the NPRC, I forwarded it all to the VA via eBenefits, certified mail and fax. When they started the Janesville intake, I added them to my list of faxes and certified mails. So each time I send a document or record, I send it six ways to Sunday. I filed an amended NOD, citing all of the above, plus other errors I felt the rater had made, as well as filing for new claims on inferred conditions that the VA-contracted VES doctor had diagnosed during my C&P examination. I also obtained an IMO letter from my oncologist of the past seventeen years, and went to the Ellis Clinic up in Oklahoma City for an independent medical examination and opinion report, and once again sent it out six ways to Sunday as well. This must have shaken things up a bit, because now I am in a de novo review, with additional C&P's scheduled for this month. I've been at this over five years now, which is a drop in the bucket compared to others out there fighting the good fight, but in my own eyes, I am nowhere near the fast lane. In hindsight, it's probably best though. It has given me to time research, learn from serious mistakes I made at the onset when filing my original claim via the old VONAPP system back in 2010, and allowed me to learn from folks on here, as well as Asknod's book, which really provided good information, but also kind of amped me a up a bit back into fighting. When I first got rated with a flying 10% and a 0%for good measure, I was pretty depressed and was about to cave in and just let the VA pat me on the back and give me a flag. After reading the book, I jumped back in and regrouped. The short answer to your question is that I filed NOD within the one year deadline to get the brakes put on, disagreeing with nearly every rating decision made in my case. I still have a long way to go I think. Have a great weekend! Mark

After talking with a DRO the other day, I learned that my "new" claims, which were inferred from my previous C&P, were moved down to appeals case currently in the NOD phase. He advised that because these were secondary conditions, the VA would decide on the primary condition and rate from there. I'm also now under a de novo review with a C&P scheduled for July 18th and a bloodwork draw on July 21st. We'll see how it all pans out now. Mark

Thanks, USMC! I just hope my ducks aren't lined up for the VA's shooting gallery! Mark

Ok, here we go again. Got a call a few days back from a DRO at the Houston VARO. They are doing a de novo review of my case, and scheduled me for a series of C&P examinations, which will be my second round from the VA. Sure enough, got a call from Veterans Evaluation Service, who advised that the VA had contracted them to do my C&P examinations and to do bloodwork. Looks I'll be heading to Houston for the examinations and Beaumont for a blood draw and CBC. (They used VES on me last time too.) Keep in mind, I've been through a prior round of C&P examinations, but this is the first time with a CBC blood draw, and I have on file an independent medical examination and opinion report from the Ellis Clinic and an IMO from my oncologist of 17 years, along with a ton of medical records and SMRs. We'll see how this goes. I'll keep y'all posted on what went on. Looks like I have the examination on July 18 (Saturday) and the blood draw on the 21st. Mark

Update: Monday my VA ID card arrived in the mail, earlier than promised. I have to admit that it was pretty easy to get. Once again, thank you Hadit.com for helping me out by pointing out something important to veterans and then helping with achieving the goal. Mark.

Bluevet, I introduced new evidence by way of an Independent Medical Examination and Opinion report, along with a nexus letter from my oncologist, which, along with a SMR's that the VA didn't have in their possession when they iniitally rated me, may have helped open the door for the DRO to seriously begin looking at my claims. You really can't trust what they say on the phone, but he said that my evidence looked good, but C&P's were necessary for proper ratings. He didn't elaborate on which conditions he was talking about, because I have multiple on appeal, and of course, his call caught me flat-footed and I didn't have my handy list of questions with me to quiz him properly. (My fault.) Afterward, I got a call from Veterans Evaluation Services a few days ago, who advised that the VA had contracted with them to handle my C&P examinations and to do bloodwork. They have handled me before on other claims, and were pretty decent. (They diagnosed two inferred conditions that I have filed as new claims.) I really don't have a single answer to your question though, other than that I have spent a couple of years debating with the VA on my corrupted C-File that held about 89 pages of other veterans' medical records when my claim was processed and rated, debating on the fact that the VA recognized that a condition existed and was diagnosed in the military but had no residual effects, while saying that my civilian records show that secondary conditions existed, but no evidence of the primary condition existed. (Which is the same one that they said did exist but had no residuals when denying it in an earlier paragraph.) I think some of it really was that I was able to retrieve SMR's from the NPRC that the VA did not have on file when they processed and rated me, which they now have. I would say that I shamed them into realizing that they really had my case pretty screwed up, but they have no shame and I am still in the waiting arena, so no boasting or crowing here. (That's why I always preach about obtaining your C-File AND everything you can get from the NPRC before you file your claims. I made the mistake of assuming that everybody talked and shared information....the DOD, VA, NPRC, etc. Nope. That error cost me years of processing and waiting and a little chunk of money so far, and it isn't over yet.) I also have to say that a great deal of the cause, and maybe the only cause, may have been the introduction of new and material evidence. We can sing, dance, curse, do card tricks or hand puppets, but the VA doesn't seem to even flinch until you drive an IME and/or an IMO into their heart. It may or may not do any good, but it does cause them to stir a little. I also spent a lot of time researching BVA appeals citations and forwarded a few on each condition to utilize as persuasive evidence, along with professional medical journal information alluding to my own situation and conditions that have developed through the years, always citing the SMR's, VA C&P's and civilian medical records of mine that are the real hard evidence. As I told the DRO when he called me the other day, the VA and I have had 5 glorious years together in this process, and who knows how many more before it's over. He laughed. I didn't. I am open to any theories from anybody else out there who may have gone through, or may be going through a similar situation as mine. I'm just glad there is some sort of movement. Meanwhile, the clock keeps ticking. I hope your process runs smoothly, and that you are awarded your claims quickly. Thanks for your service! Happy Father's Day! Mark