Navy4life

Broncovet;
I couldn't agree more with you.  Your wife is correct!  I filed a HIPPA violation this morning with the QTC headquarters.  They took an incident report from me and it is going up the chain of command.  I will not allow this to consume me nor take me back to "bad space".  I've worked really hard in therapy and I am so afraid of falling back to my old ways.  I have a call into my therapist and I am sure she will call me.  I want this guy and gal to understand it is NOT okay to discuss ANYONE's claim amongst each other.

Buck;
Yep Derek is his name and Emma was the other one he was engaging the conversation with.  She knew I was taking names and she comes out to the waiting room to give me water. B**** please, what you need to do is go back in the office and leave me the F alone.....
The elderly lady in the waiting room even motioned to her and the guy that they were out of line!
I am not threatened at all by my C&P exam and I would just dare them to do something to my C&P exam.  That won't happen! Both doctor's spoke to me with favorable discussions and I am confident the C&P exams will be favorable.  
What that office needs to worry about is their staff running their mouths about highly sensitive medical information.  I am a strong woman and I will over come this but tonight I have been through hell.  I have cried all I can.  I have thought bad things but won't act on them...I will wake up tomorrow with a vengeance and make sure this guy pays for his stupidity because I can tell you that I wasn't the first person to probably over hear him or maybe I was, but it will be the last time he defiles someone's claim, especially a rape!
Again, thanks! 

Buck;
I was the the QTC office over in Euless today.  It was a VA contracted facility.  The discussion I heard was not about me specifically but about another claimant I assume.  The guy was discussing an upcoming C&P exam I am sure pertaining to PTSD/MST.  That is what enraged me and sent me into an emotional down spiral.  Tonight is the first night in a very long time that I have drank and I drank a lot!  I am very upset, trying to get ahold of my therapist b/c I am losing my shit.  This guy can't imagine what he has done to me mentally.  I am surprised I did NOT go to jail.  I almost decked his long hair/stringy ass!  I hope I get something done about this so NO MAN OR WOMAN has to her someone talk like that about a potential C&P examination of RAPE.  
I appreciate your kind words too....
BTW I am on the Platinum team 3rd floor!

Vync;
I think I am going to email the military and veteran affairs liaison gentleman with my concerns.  He really screwed me up mentally.  I am trying to get ahold of my therapist as we speak.  I am so upset. 

Thank You Green!
No I won't have to go back.  The doctor said she had the ability to put what she needed to put in there.  She was able to do her assessment to my left foot.  She evaluated my right foot and took notes of my scars as well.  She used the Goinometer so I think I am good!  I sure hope so!

So I went to the QTC office for my TWO C&P exams today.  First one was at 1300 and it was my MH C&P exam for PTSD/MST and my eating disorder.  Was with the doctor for about 1-1/2 hours and we went through everything thorough.  Apparently the reason I had this C&P was the fact that the VA originally rated me for Anorexia Nervosa back in 2014 separately from my MH PTSD/MST/Anxiety.  Looks like I should be under Bulimia rating because of my binging/purging with laxatives and the abuse of the laxatives.  The discussion was good, she did not have me 'totally' relive the disgusting event but we did touch on certain aspects.  I was personally assaulted resulting with a pregnancy where I lost the child in my late first trimester/early second trimester.  I felt pretty good about the exam and thanked her.
So I had a few hours to kill before my next C&P at 1615 so I went and got something to eat and chilled.  Got back to the office around 1530.  Now mind you I was already a bit anxious from my discussion a few hours prior.  This exam coming up was for an increase to my L ankle.  I am currently on a knee bike and I have an ankle brace on my left foot. So there I am sitting in the waiting room minding my own business.  Look at FB to kill time and I over hear a conversation taking place behind the glass in the office area.  Now keep in mind, I suffer from MST!  here is the conversation:
Employee #1 - So this lady was raped 12 years ago.  It's apparent you can't do a rape kit.  How does she prove this?
Employee #2 - Well the VA takes there word I guess.  
Employee #1 - Well that doesn't sound right, how do they know if she is telling the truth or not
SO I F***** LOST IT!  I MEAN I FREAKED THE F'OUT!  Went up to the glass and said "who the hell do you think you are to even be talking about a patient and their personal file like that?"  And "who are you to determine whether the person is lying or not?" "It's not up to you but rather a doctor!!!!!"  I asked for his name and he told me it and I asked for a supervisor...Well guess who the supervisor was!  That guy!  WTF!  I got the other ladies name and by now he had brought into the back b/c of how upset I was and just kept saying "I'm sorry" "I'm Sorry"  Are you serious?  By now the doctor who had examined me for my MH C&P came out and brought me to her office to console me.  I was sobbing, I am mean literally sobbing like a baby.  She said that was uncalled for and I told her "you are damn right it is".  I am going to report this to the VA, the QTC corporation, anyone I can get ahold of!
Needless to say I had to get myself together so that I could do my next C&P exam for my left ankle.  That doctor, too, heard the whole situation and was so appalled at his actions.  I told her thank you.  We were able to get through my L ankle C&P.  She said b/c of my right foot in a "non-weight bearing status" she couldn't do the "normal" testing of both feet/ankles.  She said I am noting it and she also said that the knee bike I am using now for my right foot, is probably causing even worse issues to my left foot ankle b/c now I have all the weight on my left foot/ankle.  She told me that I should get a wheel chair and to discuss with my podiatrist.  My calf muscle is significantly smaller now on my right foot but that is to be expected.  Over all the this exam went well and I believe favorable too.
So with all that going on today I am just completely devastated and reverting back to my old self....
Thank you for letting me vent!

"Is this true? Why does it bother me so much? I would assume that benefits vary for combat to noncombat. "
No. All MH SC disabilities are rated the same way,and the comp is the same......it doesn't matter if they are combat or non combat.
Actual Combat has a specific definition, searchable here.

You'll drive yourself crazy following ebennies too closely.  The stages represented on ebennies do NOT follow any process internally within the VA.  What does this mean?  It is simply 'window dressing' and does not accurately track the claims process and should be treated as such; a fairy tale.

check ebenefits this am
claim status
said ''my claim is under review  before that ''gathering evidence''  its been in gather Evidence  for a long time  now its under review  does this  truly mean ''under the gun'?

Broncovet,
I remember reading some of Berta's posts where some older veterans won EED's of 30+ years at the BVA level. It makes me wonder if they have to kick those up to the CAVC for retro approval or just send it up the VA chain to Bob...

broncovet, sorry to hear that the decision was not what you had hoped for.  Am I right in assuming you are looking for IU in order to get SMC-S?  I'm asking because it appears you are already 100% scheduler (and I'm still trying to understand the difference and benefits of each classification).

Broncovet,
I know that is definitely not the information you had hoped to receive. I know you have already started picking apart the flaws in their poor decision. I can tell that you are really ready to fight this as far as it takes.
Can an BVA decision be reconsidered or must it go to the CAVC?
Did you personally appear before the BVA? I have had claims to the BVA twice. The first time I appeared in person before the travelling board and it was a real eye opener. I think that had I not chose to plead my case, I would still be 0% NSC. The second time is later after the denials and I had a mixed positive/negative outcome. 
I'm exploring potential support. Chris Attig has a quick 5 minute video on his site. It tells you straight up the few types of claims he is interested in. From memory, sleep apnea WAS on the list. I believe TDIU might have been on there also, but it has been several weeks since I saw the video. Bergmann and Moore was another lawyer. I personally contacted them a few years back. The lady I spoke with, Carrie, was very courteous. Based on her consultation, she recommended I wait until I have been denied by the BVA before seeking legal assistance. Her advice paid off because I actually won at the RO level. I am considering either Attig or B&M. I think Attig would be far too busy to accept my potential cases, but I think they would see your case as one of those "what the hell was the BVA thinking" cases.
 

Very Good!  I hope that some real changes may result!
For a very long time, VA employees thought of veterans as a troublesome necessary evil that they had to endure.
Anything that re-enforces "You are here for the veterans benefit, they are not here for your convenience" in general,
and specifically that the veterans must be treated with respect should be encouraged.
 

At least they responded Green...
What sucks is the repeated requests for the records and the clock starting over...

Got this in my email this morning!
 
  Clancy, Carolyn <Carolyn.Clancy@va.gov>  

I am appalled by your experience , but most appreciative that you let us know.

Please know that we are investigating this urgently.

Thank you for your service.

Carolyn


Carolyn M. Clancy, MD
Deputy Under Secretary for Health,
Organizational Excellence
Department of Veterans Affairs
810 Vermont Ave, NW
Washington, DC 20420
202-461-0370

Got this in my email this morning!
 
  Clancy, Carolyn <Carolyn.Clancy@va.gov>  

I am appalled by your experience , but most appreciative that you let us know.

Please know that we are investigating this urgently.

Thank you for your service.

Carolyn


Carolyn M. Clancy, MD
Deputy Under Secretary for Health,
Organizational Excellence
Department of Veterans Affairs
810 Vermont Ave, NW
Washington, DC 20420
202-461-0370

The "C-file" is your "claims file" and should contain things like:
- Claims/records you sent the VA
- Personnel file
- Service medical records
- Letters the VA sent you
It might contain other stuff too. It probably will not contain digital records like payment histories, IRIS emails, things submitted exclusively via ebenefits, etc...
As of late, they are supposed to be going paperless and scanning everything in, but that could take 100 years to complete.
This is a picture of some c-files from AskNod's blog:

We share the same opinion about additional issues raised and/or diagnosed during a C&P exam. However, the "deserve to to have that awarded as such" part would of course require the nexus and such, but in my opinion, at minimum should qualify as an informal claim that the VA should pursue.
I cannot see why "hey what about this or what about that" would not be adequate enough for an Informal claim (per the above linked slideshow). Of course, the VA would need to send a letter, etc... But more importantly, the examiner would have to actually note "this or that" in the record as a subjective complaints. I had a couple of exams where the examiner was nice enough to list things like that, but had one who refused and said they could only look at disabilities remanded by the RO.
The examiner should have the c-file and access to the VA medical records. If non-VA records are not present, that would be a different story unless they were brought to the exam and copies provided for review. Keep in mind some examiners will accept records, but some will not.
 

Vync and GS:
I agree that The Mere Existence of Medical Records Does Not Constitute a Claim.  However, if a Veteran is at a C&P exam and the examiner determines that upon examination there are other contentions that should be S/C, isn't their opinion considered valid?  I would assume that the examiner would have to have medical records to review, as well as note during the exam that the contention is in fact s/c.
Not sure if this is my case since I have not had the opportunity to review the C&P exam notes, but the way the examiner was assessing me makes me believe she was in fact noting additional contentions for S/C.  
I know speaking for myself, that I don't sit around thinking "oh that should be secondary to this contention or that contention should be s/c".  But while in the exam when she was measuring for my scars (as one example), I asked her why she was doing this and she said, "it was for her report".  Learning a lot on this forum, I figured, okay that has to be good???  
I just think if a Veteran goes in for a C&P exam for a specific contention and the examiner determines there is or are other contentions that should be secondary to the contention being applied for, they deserve to have that awarded as such.  It isn't like the Veteran is going in there asking the doctor, "hey what about this or what about that".  If that was the case, then to me, that is the Veteran asking the examiner to add the secondary contention or new contention.

Indeed!

GS,
I'm not a law expert, but assume that rule was likely put in effect to save the VA money. Imagine if that rule was not in effect! That's the VA's way of saying just because you have medical records, were diagnosed with something, etc..., that it does not automatically constitute a claim.
However, if you are in a C&P exam and are diagnosed with something other than what is claimed, I assume my previous posts, especially the NVLSP slideshow link, might factor in implied intent because the C&P exam is solely for benefits. Who knows, but I can only hope that for all of us veterans that it is and might continue to be the case.

It's funny b/c this actually didn't stress me out as much b/c I am used to the VA and their "unknowns" LOL.  I figured someone just put it in as it's own claim and then realized "wait, the Veteran already has a claim for this contention".  At least they sent me a letter to let me know right????  
All good....

Situations like this make you want to send a letter to the VA saying something like "Gee, thanks a lot for causing me a lot of unnecessary stress."

Okay so VA fixed this!  I just got the letter resolving the mystery of the additional claim I had for the same contention.  Apparently "human" error on someone's part but it is now fixed and I ONLY SEE ONE pending claim now with all the contentions I filed for under my FDC filed on 1/12/16....

I am so glad I started this thread! Wealth of information for not only myself but I believe other Vets'.  I have no idea what is in my C&P exam from the L ankle increase but I will find out in the next week or two. I have very good "friend" that works for the VA and she is going to be able to see the C&P exams and let me know.  I am sure they are favorable BUT not getting my hopes up b/c even if they are favorable and have other contentions to S/C, you know how the rater's are and I don't count on anything until I see the BBE!
Fingers crossed!