Navy4life

Flores;
Totally agree with you and remember you saying that now...I have been in so many conversations LOL but I just wonder how many Vet's get screwed b/c of contentions found during an exam that should be rated but aren't you know what I mean???  Boggles my mind...

Navy, yes that is correct, the rater is supposed to look at the secondaries the examiner lists, and rate you for those as well. As I said, it is rare that actually happens, but....it DOES happen, and I think you have a great chance, especially since the examiner went into thorough detail. I think if the examiner says, hey, she has x conditions due to her sc x condition, there is a great chance of being rated for those conditions.

Maggiebell;
No worries, that too has happened to me and I too added it once they pointed it out and I got it rated.  
My topic of discussion is based on a C&P exam if anyone has ever seen contentions added and then rated.  
sounds like you are close to being completed!  I hope it is a good outcome!

Did you ever think to click the button "Ask VA to decide my claim?"  I did that on my one last year after C&P exams were completed and I had an answer with 4 weeks.

Vync;
I am wondering if the VA is obligated to rate the disabilities found during the C&P exam?  From what I hear, if your claim is for "A" and the C&P examiner finds "B, C, and D" you have to file a claim for them.  I have also heard where raters have s/c the contentions NOT originally filed for b/c they came up during the C&P exam.
I am going to be very curious about my C&P exam for the increase to my L ankle b/c the C&P examiner did things I was curious about and I asked.  "Why are you measuring my scars", she said, "so I can note them in my report.  I also asked her why she was "focused" on my right foot, which is not S/C but in the appeals process.  She said she wanted to make sure she documented everything.  We had quite the discussion regarding the exam at present as well as my upcoming DRO review hearing.  She further went on to say my feet/ankles were a lot of issues for me and that I suffered numerous injuries as well. Another we discussed regarding my L ankle, was the fact that I had a Talar Hawkins Type I fracture to it but that she felt it was never properly treated.  I told her  I was put in a cast for 8 weeks and that was it.  She asked, was there any therapy, I said NO.  We then discussed the surgery I had to my L ankle/toe in June and she asked if it had helped and I said no, because my fall in December was a direct result of the L ankle.  I did tell her that my toe was not S/C and that too was in my upcoming DRO hearing.  She said, "really", it's not S/C.  One other thing is I asked her what a Goinometer was and she told me it was the measurement of ROM.  Which might I say she almost forgot to have me sign the paper stating she did the test.  She was NOT able to do three repetitive tests on my Left foot/ankle because of the pain and she noted she was not able to do the right foot for comparison b/c of the non-weight bearing status.  She told me she would note everything and she took a lot of notes!  She said my podiatrist was also very thorough and she saw his letter in the computer for my upcoming DRO hearing indicating the L ankle is a DIRECT result to my right foot fracture in December. doctor letter_Redacted.pdf
So back to the topic, I think she is going to have other contentions in the report that she is finding should warrant S/C but like I asked originally if that happens do I initiate or does the rater do that?  Is it a good rater that picks up on that?

Flores;
thank you for responding.  so if there are contentions that should be s/c, after the C&P exam is read by the VA, they would then add those to the already existing claim or would that be a totally new claim? The reason I ask, is the fact that this is an FDC claim I filed....
Maybe Nave04 will come along LOL and give me some insight...

Maggiebell;
No worries, that too has happened to me and I too added it once they pointed it out and I got it rated.  
My topic of discussion is based on a C&P exam if anyone has ever seen contentions added and then rated.  
sounds like you are close to being completed!  I hope it is a good outcome!

Hi, Navy4life,
I don't mean to intrude, however I received a letter from someone I am guessing is working on my claim, they wanted to know if I wanted to file a claim for a condition that I mentioned in my original paper work that I didn't put a claim in for. They sent me VA form 21-526 to fill out, which I did and it hasn't slowed down my claim, as a matter of fact I'm in PFD right now I hope everything works out to your benefit. GOD Bless you and yours.

From what I've read the VA can add and award ratings for conditions not claimed.  I'm not sure I would add additional claims at this point as it will delay what is involved in your current claim.  You could start an intent to file (just to secure the date), and utilize the current C&P as medical evidence when you do file.  When I had one of my C&P's the NP noted I was depressed and gave me a number to call in case I wanted to submit a claim as secondary to pain (and the realization my health is deteriorating).  I decided to let my current claims work thru the process first.

Email your local congressman, that is what I did and I got in touch with my local military and veteran affairs liaison who is currently helping me.  I have my DRO review hearing at the end of the month and I am missing two years worth of medical records that I need for the hearing...

Navy4life, I believe absolutely, in fact if I'm not mistaken, that's what they should be doing. I have most often seen what they call "inferred claims" pointed out by BVA when someone has an appeal in. For example, they might say "the issue of fibromyalgia has been raised by the record", that means that they read in the vets treatment records that they have fibromyalgia but have not applied for it, so the VA initiates the claim. It is rare for that to happen, but it does happen. I think Navy04 had some experiences like that, but the bottom line is yes, even if you didn't apply for something, if the c&p examiner notes other issues they believe are connected to service the VA should initiate a claim for you on those conditions. Good Luck!!

Great Idea Navy4Life, I never thought of that. I'm going to run with that ASAP.
Good luck with your hearing!
-Richard

I am curious if this has happened to anyone?  Has anyone ever gone for a C&P exam for a specific claim and been awarded additional s/c for other contentions not filed for?  The reason I ask this, is b/c my exam yesterday for increase to my L ankle, the doctor made a lot of notes to include measurements of my scars (not requested) as well as other notes regarding my foot and toe and my other foot (which is in appeal status).
Thoughts?

Thank you all for your responses!
I emailed my complaint to my MH doctor this morning.  I emailed my Congressman's office last night.  I filed a complaint with QTC.  I plan to do as you indicated Guaymas and email the above people as well.  I am a strong woman and yesterday tore me up and I mean really bad.  I was at a very low point but with all your guys/gal support and my therapist talking to me and my boyfriend who might I say is a prior Marine, talking to me helped a lot.  He wanted to choke the SOB out!
Buck, I agree maybe you should do the same and file a complaint.  It sounds like they just don't give a shit there.  At least the front office doesn't.  The doctor's on the other hand were WONDERFUL!
I don't drink but last night I had one to take the edge off.  I also have my wonderful ESA doggie to comfort me!  
You all rock!

Email your local congressman, that is what I did and I got in touch with my local military and veteran affairs liaison who is currently helping me.  I have my DRO review hearing at the end of the month and I am missing two years worth of medical records that I need for the hearing...

Navy4Life,  What happen to you is egregious and totally unacceptable!  Just reading about it upset me; so I know it must have been much worse to actually experience it.  It is no wonder at all, that most assaults go unreported! I hear VA employees discussing veteran patients out loud almost every time I go to the VAMC ROI office which shares a waiting room with Admissions.  I have complained bitterly directly to the offending parties and their supervisor, but the only way I was really able to have an effect on these privacy violations was to take my complaints outside of the VA. In my opinion, the VAOIG is thoroughly compromised, so I don’t involve them.
 
I have personally decided that I will no longer accept ANY disrespect, slight, bad attitude, reversed name tags, failure to provide services to which I am entitled or any other VA employee misbehavior. I strongly suggest that every veteran do exactly the same as long as (s)he doesn’t make it a physical confrontation.
 
Having said that, you can take this as high as you want.  This is definitely a Call/email “Bob” event! I would email him at:
 
Robert.a.Mcdonald@va.gov
 
With Bcc:
Carolyn.Clancy@va.gov;
 Brenda.Fass@va.gov
 
Listed below are three agencies who can and will investigate your complaint and can force that QTC office to change their ways.  The Joint Commission has the sharpest teeth, but HHS and the Texas Medical Board will also investigate. 
 
 
http://www.jointcommission.org/report_a_complaint.aspx
 
 
http://www.hhs.gov/hipaa/filing-a-complaint/what-to-expect/index.html
 
 
http://www.tmb.state.tx.us/page/place-a-complaint
 
Watch the drinking as it will further harm your health, may alter the effectiveness of your medications, and could diminish your credibility with the very people to whom you are lodging your complaints.
 
Buck, if you have had similar experiences, I would coordinate with Navy and file separate complaints.  If enough complaints are made, then “pattern and practices” can be established which would really bring the hammer down.
 
I really hope that you don’t let this ride, but, on the other hand, if having to discuss the event repeatedly causes you more grief and upset-then put it behind you.

Navy4life, you did EXACTLY the right thing. I commend you. You are a very strong woman and I am a firm believer that everything happens for a reason. Perhaps now those excuses for idiots will be terminated, at the very least i doubt they will dare ever open their mouths about another vets claim ever again. Dont let anyone take your successes away from you or knock you off of your path to, if not being healthy, at least being better and happier. I would be fairly confident you will get the highest ratings allowed from those two exams, and i hope that nothing like that ever happens to you again, its freaking unbelievable the level the standard of care the VA allows. As Bronco stated, if that had been a private hospital those two would have been booted out the front door face first the same day! Good Luck, we are all here for you and care about your well being, and know that you will succeed!! I am certain you helped a great deal of other veterans by doing what you did!!

Sorry you had to go thru that. It is sad that this happens to often. I have had such a hard time with what happened to me as a kid, that I have never even talked about it with the VA or SSDI. Sad thing is that what you went thru has so much to do with so Many Vets out there that are Faking or Lying about disabilities and it hurts us all. I always try to remember that VA Folks and Docs are Human too, and boy do they over step their boundaries many times. Again so sorry for you, and wish you the best. Good luck and God Bless!!!

I have had multiple surgeries and MRSA cut out of me, So I get 30% alone for Scars. As stated above always a good thing if the Docs go in depth in your favor, and Scars are Rateable. Good luck

Of course.  Think about it.  If I said, "Ok, how much per hour is your labor?  How many days did you work on my  project?  Did you have additional expenses?  Did you pay your helpers, too?  How much did you pay them?"
Ok, now lets figure out how much I owe you.  The total comes to zero dollars and zero cents.  Do you agree with that?  
Not exactly.  Why did you want to know how big my scars were, if you had no intention of paying me for them?  While its true they may not be big enough to be compensable, but I like your chances when he measures them.  
The VA has a certain "order".  First is always Service connection.  ONLY then is there a disability percentage or effective date.  Those are "downstream" issues.  
YOu dont here them say, 
Dear Veteran:
     We have decided you are entitled to 50% compensation from July, 2014.  Now, we are considering service connecting you.  Ok, naw, we decided to deny service connection.  
     Thank you for your service.  

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!

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!

Navy4life, that's great news!! It worked for me when I kept requesting my cfile and received no response. It sounds like you have an excellent congressional aide to work with, i am sure he will be able to get some movement on your cfile for you. IF, somehow you still dont receive the needed records before your DRO hearing, print out the emails between you and the congress office to show you are doing everything you possibly can. I think you will receive the tecords on time, though, Good Luck, Navy!!