hollywoodnc

Hi Berta! I hope you're doing well! In Regard to Equitable Tolling v Equitable Relief... In my original 1977 Disability Determination, the Dept. awarded a 10% rating Code: 5010-5003. The decision makers did not review the entire file. A few issues were made by VA drs. in the 1976 time frame. They are "Pins working loose, Avascular Necrosis, Cannot Cross Leg, Atrophy & (minor) 1/2" Leg Length discrepancy" There is no code for Pin penetration into the joint space, so unless I missed it, would I be filing this as "Prosthetic Loosening"? Anyway, upon this discovery, when I requested my entire file in 2002, all these ailments were NOT addressed in the original 1977 decision. All this time I was going on the "Irwin" decision, basing it on the VA making a Clear & Unmistakable Error & it (1977 decision) is Equitably Tolling, being that the issues stated by drs' were not included in the original determination. ONLY Osteoarthritic conditions. (5010-5003). I recently did some observing of Title 38 and noticed changes in The Bones, Joints, etc.. STILL though NOTHING about additional hardware, other than artificial hip replacements. NOTHING on pins, screws, nuts, plates, etc.. I ALSO noticed that the VA incorporated Avascular or Asceptic Necrosis as "5003"!? Correct me if I'm wrong, but, I thought I recall seeing Avascular Necrosis listed separately under it's own code? Anyway...with ALL this said. would you recommend I continue with Equitably Tolling or should I pursue the "relief" option? Look forward to hearing from you! BM

Hello Berta! I hope you're doing well & had a wonderful Thanksgiving! I'm GLAD that this topic is FINALLY being EXPOSED!!! I've CONSTANTLY criticized the VA's idea of conducting a C&P exam, with PERSONNEL who are NOT qualified TO CONDUCT SUCH! Case in Point... A few yrs back I posted on THIS site that I questioned an 'examiner' & after finding out she was a specialist in internal medicine, I told her she could not conduct a Bona Fide Orthopedic exam & walked out. It was advised that I STILL have such a BOGUS exam, to further contaminate my file with useless inaccurate opinions, made by QUACKS that shouldn't be conducting exams to begin with! A few yrs. earlier, an Administrative Law Judge, had commented on this EXACT topic that, "The Veteran should be afforded an Ortho exam." , which for MANY yrs., I wasn't. With that said, WHY was the VA constantly setting appointments for C&P exams afterwards, with an "General, Internal medicine, ER Doctors and/or PA's (Physician Assistants)"? When you look at this, it's no wonder that the Veteran isn't getting a fair shake, when it comes down to a legitimate exam, thereby costing the American taxpayer billions on incorrect 'diagnosises' (sic). The waste involves the MILLIONS who are forced to unnecessarily APPEAL. Unfortunately a lot of Veterans GIVE UP, due to an uphill battle. The Veterans who are fortunate enough to have Medicare or private insurance are forced to have to pay out of pocket (via deductibles & Co-pays) to see an ortho/neuro Specialists, to receive a valid Dx. For those who rely solely on VA employees, they are screwed & like MY CLAIM, the VA takes YEARS to resolve the claim. Parts of my claim is over 16+ years!!! TODAY this article shows that I was right along. Theoretically, most (if not ALL) C&P exams conducted, that are made by anyone other than Ortho doctors should be destroyed, as they are false & misleading. This includes ALL VA opinions DENYING me a legitimate rating. YES...this opens "Pandoras Box" for the many other Veterans who have been denied, what they should have been awarded yrs. earlier. I myself, have a CUE (under-rated) claim that has been brushed aside, despite my many times of reminding the VA of! It would date back as far as 1976 w/a difference of 50+% per mo. increase, based on case law, by another Veteran who was awarded for similar disabilities as mine!!! That's a substantial amount! The VA knows this to be true, but always ignores it in their responses. Thanks to you, I am going to contact the NVLSP and (hopefully) start a CLASS Action against the DVA. Take Care!

I was advised by TWO separate attorneys to lie on my claim. One lawyer advised me to file for Tinnitus. I don't have a tinnitus SC connection. He said "You fired a weapon right?" I told him NO...I won't file for tinnitus. He was out of Charlotte, NC. The other Atty advised me to file for PTSD, because I was stressed out over my claim. He's out of San Diego, Ca. What would have happened if I had filed? I, and ONLY I would end up in prison and the lawyer would deny advising me of filing a false claim. He'd be laughing all the way to the bank, while I sit in jail.

Thank You Buck! Hamslice supplied a link which was quite informative and it appears that the doctor that diagnosed me was correct?! I'm just sick of strangers sticking things up my bunghole! On Monday I'm scheduled for a Colonoscopy! No one has even offered to take me to dinner, but they all insist on sticking things & fingers up my poop shoot No one even gives me a reach around! hahahaha... Growing old sucks! I guess I'm going through a learning process about this horrible disease! Ironically, I'm invested in a company that is trying to find a cure for Lymphatic cancer. (Affimed; Ticker AFMD). ALSO... GoBoldly.com TV ad shows a Immune cell w/medicine attacking a cancer cell. Quite promising if someone somewhere can find a cure! I'm eating lots of Cauliflower & Broccoli hoping that these assist in destroying or at least preventing growth.

Hello! YES...my local VA Clinic. They BLASTED the thing outa there?! hahahahaha! I was thing of renting a sand blaster! hahahaha I'm considered most likely a Stage 1. He said it was a slow growing cancer. After reading the link, I guess he's right when it comes to "Waiting & Seeing" what it will do. Surgery for something as small would be like throwing gas on a fire. My Grandmother died, primarily due to doctors operating on her for a pain in her abdomen. When they opened her up, the cancer spread like wildfire. (Oxygen Rich Environment?) Thank You SO MUCH for your concern and the educational link! I will however get 2nd & 3rd opinions!!! I will have blood drawn to see if my "Gleason" score is on the rise at any given time.

Bronco... Thank You for your advice. I thought about getting a second opinion. It's a disgrace the way that we're STILL getting treated. SOME things have gotten better, but it's still far from a pleasant experience. In RE: to wait & see... I would guess this depends on the type of cancer this is. There IS a medication available that shows and/or utilizes your natural defense (anti bodies?) to attack cancer cells. See: GoBoldly.com. I also read about freezing these cells. Uh....I KNOW...It must be too expensive. That's it!

Hello everybody! It's been a while since I visited. About two months ago, I went to my local clinic & received a painful prostate biopsy. The result was POSITIVE that I have prostate cancer. The (supposed dr.) examiner who conducted the painful procedure informed me that "We'll watch & see how this progresses!"? "WTF? NO! We're not going to 'sit & wait' for shit!", I stated! "We're getting this the F*CK OUT ASAP!" I asked if there was any options (DNA, freezing, Radioactive seed placement, etc...)? His response is "...it is one of those cancers that effects some, yet it is considered as a "dorment" type & can remain for years and not grow." I had a catscan around 2 wks ago & it was confirmed that there was a cancer cell at the prostate, but my lymph nodes don't show signs of any abnormality as of yet. The question is... SHOULD I wait & see what transpires, or as I said above receive some sort of med or treatment? You should know that a commercial airs "GoBoldly.com" and it states at the opening that "This is a cancer cell being attacked by this persons immune system, with the help of medication." Can I get some of that...NOW? Or is this god damn agency going to allow this to metastasize to a point where it's too late? Further...every four months he wants to stick his finger up my bunghole, as if this is going to show this cell growing!? So, this supports the phrase, "DELAY DENY & HOPE THAT I DIE!", so this stupid f*cked up agency doesn't have to pay compensation! I guess we're a "Burden to the taxpayer"!

Knowing that you have Cardio issues, the DVA should have scheduled for your exam, to be conducted by a Cardiologist. A stress test should have been administered and it would determine the extent of your overall disability, along w/a sonogram & EKG to check for blockages. What a pathetic agency that we have to contend with, when the uncaring few just schedule a Vet for an exam, that shows BIAS. To make matters worse, they BRAINWASH us into thinking that if you DON'T attend, your claim is invalid?! This makes NO SENSE. As I gather, you must attend, so the DVA, can further confuse your file w/biased Dx's AND, if you refuse to attend, your claim is considered invalid, because you refuse to have a biased DX in your file?! Either way, the Vet is screwed! I wouldn't be the LEAST bit surprised that those that schedule you for a Cardio exam, most likely sent you to be examined by an ORTHO Dr.! If applicable, the next time these people schedule you to see a Dr. and that Dr. is an Ortho Dr., call me and we'll switch! lol! Chances are, they'll schedule me to see an Internal Medicine Dr., when I should be seeing your Dr.. You CAN refuse the C&P Dr. ***"IF"***... *You have documents that show a prior Judge "ORDERED" THE RO to set you up for a C&P exam with a doctor that specializes in YOUR condition. *You attend the C&P exam, to discover (asking qualifications), that the Doctor does not have sufficient knowledge that would grant you a Bona Fide exam. *The Veteran MUST IMMEDIATELY contact the DVA and ask that the exam be rescheduled to reflect that the exam be conducted for the ailments that originally triggered the C&P appointment. It's BEST if the Veteran, knowing that the DVA is about to schedule them for a C&P exam, that you request that the Dr. specializes in the field. It's BEST, if it is done in WRITING & SUBMITTED PRIOR TO SCHEDULING!!! WHY? Because if the Dr. isn't sufficiently knowledgeable in your conditions, it'll cost the DVA more funds to obtain the necessary diagnosis to warrant granting the claim PLUS, it's less expensive to schedule you for a proper/accurate diagnosis so that you aren't placed in appeals hell, all because a Dr. didn't diagnose your condition(s) correctly and guessed (as your C&P shows). Berta is correct in her statement, whereas it would take Vets to make the change. Contacting elected officials, incl., my contacting of the WH, has helped. I wasn't expecting the President to read it, but the WH staff forwarded my correspondence to the upper tier at the DVA! You will either get a phone call and/or a letter, by DVA officials addressing your contact with the WH and they WILL move on it! IF any of you Vets are depressed and/or feeling suicidal, contacting the WH will indeed make a difference. When I contacted the WH, I wrote in "How I was depressed", due to (at the time) was a 13 yr. old claim. On one occasion, I received a phone call on the NEXT DAY from my local clinic!

When I had a BVA hearing in or around 2009, the Judge (ALJ) had commented that there are a lot of conflicting opinions (VA C&P vs IMO). Fortunately for me, the IMOs' exceeded the VA C&P Opinions. I prevailed on the TDIU issue. The TDIU should have been a "No Brainer", based on a 2005 SSDI opinion, awarding me with disability. Unfortunately, the DVA doesn't view disability under the same guidelines. VA Disability=Are you 100% disabled based solely on a Service Connection -vs- Social Sec.= Are you unable to compete in todays work environment based on disabling conditions. In my case, my addl. Ortho problems are PROXIMATELY related to my SC, due to alternating (antalgic) gait. VA recognizes "Lay Evidence", yet won't approve a disability claim made by a claimant, based on a "Self Serving" reasons. You know, "The Knee Bone is connected to the thigh bone...". Even though I screamed and complained via 10+pg. NODs & hearings for many yrs., the DVA FINALLY broke down and awarded me the TDIU. DVA rating specialists, ignored MY claims. The BVA ALJs though were in agreement and did not dismiss my case, but instead remanded it constantly. This back and forth lasted a total of 15 yrs.! What was the cause? The C&P exams conducted by Dr.s other then Ortho! What I suggest the Veteran should do, is DEMAND that they see a Dr. that SPECIALIZES in their condition C&P exam conducted by anyone else OTHER THAN a specialist in their ailments, will NOT be attended. It is especially helpful if the Veteran has a BVA hearing stipulating the same language by the AJ". MY BVA AJ, stated: "... that I be afforded an ORTHO exam, by an Ortho Dr..). This is why I walked out of the C&P that was to be conducted by a Internal Med. Dr.. I then stipulated that I REFUSE attending an further C&P exams scheduled by DVA Officials, unless it was conducted by a Dr. who specializes in Ortho/Neuro. I cited the 2009 BVA decision by the ALJ who used similar language. I asked that DVA review the notes existing in my file made by Ortho doctors and decide based on this OR, schedule me for another C&P with an Ortho Dr.. I also stated that, when asked the C&P examiner was an Internal Med Dr. and did not qualify to render such a Bona Fide opinion. By putting it THIS way, aren't you telling the DVA that you are 'willing' to attend a C&P, ONLY IF it will be conducted by a qualified specialist? Aren't you appearing as 'Cooperative' & willing to attend an exam and that you have nothing to hide? In my opinion, refusing to attend a C&P exam, doesn't necessarily mean that you are uncooperative. I felt that I wasn't getting a "Fair Shake" in this "DUE PROCESS"! (Key wording!) The Bottom Line... You are right in your assessment that a lot of Vets will not pursue changing the outcome of how C&Ps are conducted. Hopefully, they will read this forum and consider questioning such an underhanded exam. What could the outcome be??? Well, if enough of you DO question such an appointment and state that you wouldn't see a Dr. who specializes in eye, ear nose and throat Dr., when you have a Neurological and/or Orthopedic AND this is NOT appropriate in the Outside World, we could actually change the way the DVA schedules C&P exams. Writing the White House (online) & voicing your disgust w/your elected officials surely helps! You have to ask the C&P examiner a lot of questions, including what courses they took while attending Med school & their specialty. My latest C&P examiner had stated that she took courses in Med school in Ortho (its part of their curriculum), BUT she did NOT specialize in such. ALSO... The DBQ states that when conducting an Ortho exam, a GONIOMETER (pronounced: GO-Knee-AH-Meter) must be used. This device allows for a more accurate ROM. Guessing at ROM is NOT an option, esp. when a few degrees will determine that you are 0 degrees or 10%! If you attend a C&P w/an ortho and they don't use a Goniometer, then you should state so in your appeal (especially if you believe that your ROM is worse than documented).

What Imbecile came out with THIS ruling??? So, as I read it, I can attend 3-4 yrs of Nursing school, get hired by the DVA, opine at C&P exams and sign "MD" on the DBQ? Try examining patients like this in the REAL WORLD! Surely, there are State laws that would prohibit an NP from rendering medical opinions as would an MD, isn't there? Isn't there some sort of Minimum Standards in place? UNREAL! I have a good mind to start raising a stink about this to Gov't. officials. This is NOT good news for the millions of Veterans who are subjected to inexperienced care. If this is the way to limit DVA spending, it's an ass backward way of doing so. In FACT, it's costing more money for the Gov't., because all these inaccurate C&P's are forcing Veterans to appeal. This ALSO supports my theory, that C&P's are nothing but a ploy concocted by some clown to entice the Veteran to "Give Up" on his/her claim. eg: "You aren't as disabled as you think" and/or "You aren't disabled enough to qualify under the "Disabled" clause via Title 38." Lastly, if ANY Veteran is considered "Unable to compete in todays work environment", via Social Security Disability guidelines, then DVA should award under similar standards. Conclusion... An NP should be prevented from rendering any opinion outside of their scope, which they have NO BUSINESS in doing to begin with. Allowing this stupid practice to continue, to save money, could put DVA in a LEGAL predicament...aka: Medical Malpractice.

Buck... Just look at what you had to go through, to prevail in a benefit, which you should have been entitled to from the start. Fortunately for you, you could afford going that route. There are Vets though, who cannot afford to see a qualified Dr. in the outside world. Honestly, NONE of Us should have to take this route though. DVA Drs. should be doing this, w/o any type of bias. RO's should be sending Vets to C&P examiners who specialize in the Vets particular ailments. If they can't, that's where the CHOICE program should come into play. IMO...I believe that C&P examiners, being VA employed, are biased, being that they are on the DVA payroll.

"NP"...Oops...I knew that! I didn't make the connection (Brain Fart). From what I discovered, I had an NP conduct a C&P and signed the form w/ MD! This is false & misleading to adjudicators deciding on Veterans claims. IMO...if a majority of Veterans are being examined by ANYONE who falsifies their title or renders a Dx and isn't qualified to do so accurately/truthfully, than the DVA is committing FRAUD on a grand scale. Doing so, puts thousands upon thousands of Veterans in an un-necessary appeals process. This is a Gross Waste of Taxpayer funds. In case no one knows, this is a "prong" used to establish a Whistleblower Claim.

NP? What's an "NP"? "Dealing with a remand..." TRUE, HOWEVER, IF the Veteran points out the flaws of a C&P, made by a Dr. who has no business rendering a Dx on a particular field of practice (in this case Ortho) AND the Veteran insists on a specialist to render a bona fide opinion about his/her condition(s) AND the ALJ Order/Remand has language which should state: "The Veteran should be afforded a C&P with an Orthopedic Dr.", the DVA should comply w/said order. For yrs., I was examined by Drs., who I now question their validity. I would bet that a majority, are inaccurate and made by general physicians at best.

Hi! Yes and it was with an Ortho Dr.!

I had one C&P QUACK state: "My condition existed prior to enlistment. Then he injures himself in the service & is discharged under Medical. I don't see how he was eligible to begin with!?" This scumbag actually had the gall to try to discredit my (at the time) 30+yo claim! YES...I entered w/a pre existing hip pinning. They saw the scar. I admitted there were pins. They compared X-Ray (old w/new) # allowed me to enter. Do you know WHY? Because in Sept. 1975, they were DESPERATE to refill the ranks right after Vietnam. Almost everyone left after May 1975.