I asked this question on another site and when I headed off all of the standard pro VA zombies and demanded straight forward answers I got beat up for being anti-VA it kinda just went to the wayside so I will try it here for I know I will get some well rounded responses:
In weighing medical evidence what gives a VA non-medically trained rater, in other words a LAY PERSON, the right to take a one time 15 min C&P exam for an in-depth medical issue, lets say a neurological condition, and use it to over ride the treatment records and opinions of a neurologist who has treated a veteran for 3 years and deny a claim?
I know, I know the damn regulations do, but, but, but......... Should we not be able to get this changed? By doing so the regulations promote a double standard. By this I mean a non-medically trained veteran is a LAY PERSON and his opinions concerning a diagnosis of his/her disability is worthless, but the same regulation allows a non-medically trained rater, a LAY PERSON, to look at evidence and make a determination about a diagnosis.
On the other site I was beat to death due to the fact that the C&P examiner had made the determination. As I said his determination, a non-speciality trained doctor, was made during a 15 min reviwew and exam of the veteran. When looked at by the rater he decided to use that determination alone to out weight the treatment records and opinions of a medical specialist who had examined the veteran multiple times and provided dedicated treatment for the condition for over 3 years. Therefore, the rater in fact did make a diagnosis and sided with the C&P doctor.
I understand if the medical evidence provided was consistent with a medical opinion received by doctor shopping - for the right amount of money you can find any doctor in these new walk in any time clinics popping up in the community on a daily basis that will say and write anything. However, if the medical evidence is from a dedicated treating specialist there is no way this would hold up in court.
Well it would not hold up in a REAL COURT. In our kangroo court established for us the only thing they can do is issue an opinion which is only binding on the VA if the sec of VA says it is or remand a case back to the board and tell them what to fix in order to make their decision pass muster in the kangaroo va legal system.
This is our problem - we need to work on getting the kangaroo court out of the way so we can go directly to a real court. Even if we can hire attorneys they will be bound and hog-tied by the bogus VA legal system and we MUST remember it is not really a true legal system - the sec of VA can decide what he/she wants to adhere to.
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Ricky
I asked this question on another site and when I headed off all of the standard pro VA zombies and demanded straight forward answers I got beat up for being anti-VA it kinda just went to the wayside so I will try it here for I know I will get some well rounded responses:
In weighing medical evidence what gives a VA non-medically trained rater, in other words a LAY PERSON, the right to take a one time 15 min C&P exam for an in-depth medical issue, lets say a neurological condition, and use it to over ride the treatment records and opinions of a neurologist who has treated a veteran for 3 years and deny a claim?
I know, I know the damn regulations do, but, but, but......... Should we not be able to get this changed? By doing so the regulations promote a double standard. By this I mean a non-medically trained veteran is a LAY PERSON and his opinions concerning a diagnosis of his/her disability is worthless, but the same regulation allows a non-medically trained rater, a LAY PERSON, to look at evidence and make a determination about a diagnosis.
On the other site I was beat to death due to the fact that the C&P examiner had made the determination. As I said his determination, a non-speciality trained doctor, was made during a 15 min reviwew and exam of the veteran. When looked at by the rater he decided to use that determination alone to out weight the treatment records and opinions of a medical specialist who had examined the veteran multiple times and provided dedicated treatment for the condition for over 3 years. Therefore, the rater in fact did make a diagnosis and sided with the C&P doctor.
I understand if the medical evidence provided was consistent with a medical opinion received by doctor shopping - for the right amount of money you can find any doctor in these new walk in any time clinics popping up in the community on a daily basis that will say and write anything. However, if the medical evidence is from a dedicated treating specialist there is no way this would hold up in court.
Well it would not hold up in a REAL COURT. In our kangroo court established for us the only thing they can do is issue an opinion which is only binding on the VA if the sec of VA says it is or remand a case back to the board and tell them what to fix in order to make their decision pass muster in the kangaroo va legal system.
This is our problem - we need to work on getting the kangaroo court out of the way so we can go directly to a real court. Even if we can hire attorneys they will be bound and hog-tied by the bogus VA legal system and we MUST remember it is not really a true legal system - the sec of VA can decide what he/she wants to adhere to.
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