C&p - For Ftca ?

[gwvet90]

I got a phone call from C & P to set up an exam. I don't know what it could be for, so I'm wondering,

Does an FTCA lawyer ever order C & P exam?

[carlie]

In my opinion the answer is NO - and surely it wouldn't be a C&P by a VA examiner.

jmho,

carlie

[Berta]

If a veteran files a Section 1151 claim they more than likely will set them up for a C & P.

If a deceased vets survivor files Sec 1151 they render a medical opinion on the clinical records of the deceased-in the same way they would regarding a C & P.

For an FTCA claim- the VA Office of General Counsel certainly has the right to obtain a medical opinion on the FTCA claim- and would go to the VA for it.I dont know if this involves a C & P in your case or a medical review in Washington.

That is -in my case-they obtained a medical opinion for my FTCA claim from the Chief of Cardiology and the Strategic Health Team who are part of VA Central Office, Washington, DC.

If you deal with this team-make SURE that the RO has sent them all of the evidence-long story- but I had to deal with this team directly

because the RO would not send them the most pertinent evidence.

You can make sure they have the medical evidence by keeping good contact with the General Counsel attorney who is handling your claim as well as the medical team itself if you need to.

And if the VA sets a C & P up for either FTCA or a Sec 1151 claim, make sure you attend that C & P.

[carlie]

Berta,

I was only referring to the FTCA (not an 1151) regarding a VA C&P examination.

I don't think they can use a VA C&P as that only relates to disability compensation and pension examinations. I'm not sure at all but it seems like in my tort claim, I remember the judge

ordering an Independent examination, neutral on behalf of both parties ie: myself and VA,

if I remember right it had to be done prior to mediation.

Let me know if I'm remembering this right or not. Thanks.

carlie

[carlie]

gw,

Is it possible the C&P they have set up is for a different issue, increase or appeal

claim that is active?

carlie

[Berta]

Carlie- that makes sense too-

I didn't deal with a judge-

Every FTCA is different-I guess I should have said it differently-

and the VA SHOULD go outside VA for medical opinions on these cases but

they often don't.

It all depends on the evidence.

I had no lawyer nor any independent medical opinion.

All I had was the VA medical records of my husband and a feeling something was drastically wrong.Also he himself had filed a 1151 claim- he was sure they were misdiagnosing him as to his PTSD-he wanted to get the real PTSD psychiatrist and they gave him the employees counselor- who didnt have a clue on PTSD.He added he feared they would cause another stroke and that he might have heart disease too since they were not treating his PTSD appropriately-he added that he feared he would die due to inapproprate VA medical care.He was dramatic because he wanted better PTSD help.

His sudden death however was most unexpected.

In my case it was the VA's medical records that proved malpractice but I had to state it all step by step to them.

It took me months to decifer and understand the records.All handwritten.

I studied enough cardiology to get up to the level of the Cardiac team in Washington in regards to my husband's heart disease-

then I found the Smoking gun.A single med rec 1988- contained what I needed- still it all had to be proven and the VA fought me for 3 years.

I advise anyone these days with a FTCA claim to get an IMO themselves right away. Many FTCA claims and Section 1151 claims are not really malpractice or negligence.

An IMO right from the git go can either confirm malpractice or reveal that it did not occur.

I never even thought of getting an IMO a decade ago.It would have been costly but saved me many months of studying cardiology and also brain trauma from CVAs.

After I studied the medical records-and I mean I went over them again and again-it suddenly became so obvious that I knew I would succeed.

But as I have said this was hard work and the VA denied me many times but I knew I would succeed and I did.(FTCA and Sec 1151)

[gwvet90]

Hi, thanks for all your replies.

Turns out C&P is for another issue.

I had sent in copies of tests along with my form 9 - going straight to BVA.

So RO apparently is "reconsidering" - their denial & decided that they need yet another C&P...... 3rd one on this issue......