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Duster4-60
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I'm contacting you for any assistance you can give me. I am 50% PTSD and been trying to get it increased. The VA has denied my supplemental claim after a C and P exam. and are keeping me at 50%. The C and P was with VES and a Doctor with 0-1 year C and P experience. Not sure why they would depend on someone with no experience. I could tell as soon as it started it was not going to go well. The exam was teleconference ans not in person. She seem to be quite disorganize and working from a rundown office.
I also have Migraines and opened an intent to file a claim but as of yet not summited any details, so if can advise on that I would appreciate help. Thanks Mike Walsh
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"IF" YOU think this examiner was not qualified to provide this exam, you can/should "challenge the competency of the examiner". When the C and P examiner renders an opinion, the competency is presumed for VA hired examiners including contractors. More here:
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The many but not all symptoms of severe PTSD I listed in my first comment are often also listed almost word for word in BVA decisions when granting vets increased in their PTSD claims on appeals. I have over 30 years read hundreds of these successful BVA appeal decisions. The decisions went into great detail like my first comment when approving the increase appeal and even more.
Additionally, my successful 1999 7 or 8 page VA C&P exam for PTSD increase and TDIU also listed the in same detail the same symptoms as I stated in first comment. The examiner copied my oral and written statements almost word for word. The exam was conducted by a VA Clinical Psychologist in charge of the Reno VA hospital MH ward.
I did not have to appeal as VARO granted my claim quickly. Later I did file a CUE claim asking for earlier effective date that I won in 2003 when CAVC Judge Harold Greene said VARO committed a due process error in not granting me TDIU in 95.
Remember that I have been there and done that. Keep all this mind if and when you contest the VARO decision and if you appeal to the BVA.
This comment is not legal advice as I am not a lawyer, paralegal or VSO.
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I've made it a practice of mine to type my C&P exam questionnaires, and after the exam I upload them for the record. As we all know, C&P exams are a hit or miss, what's not is our duty to be our own advocate. I too, take highlighted copies of pertinent records to the exam and upload those as well. So even if they are ignored initially when it gets to the fact finding process at the BVA that information is readily available.