tinnitus Input Needed/help

[Arch]

I need your opinions/ experiences on QTC exams.

Some time ago I had an appointment at a VA hospital for severe earaches and headaches. I was scheduled for an appointment at the Hospital to see an Otolaryngolygist and an Neurotologist.

I was then scheduled for an MRI and a CT scans.

The VA doctors are both neurosurgeons, and their qualifications are better than the Civilian Doctors I had previously seen.

The Specialist Doctor was an Army Major and Very impressive I might add, diagnosed me with "classic meniers disease" .

I did not solicit this diagnosis and was quite surprised at the Diagnosis. I am currently rated at 50% disability for Deafness, Tinnitus,and Vestibular disfunction.

Since Merniers is a higher rating I applied for an Increase in disability rating (new claim)Under Meniers disease based on the 2 VA doctors opinions as in the past the VA accepted their own doctors opinions for an increase or proof of disability.

Now the VARO wants a third opinion from a "hack" doctor at QTC medical disservices, they scheduled me with a Doctor I had seen before and one who I know is not qualified to give an opinion better than a common MD. He Has not practiced medicine in over 10 years etc...

After speaking with the VARO their, supervisor said I dont have to go to to this appointment and I will be charged with a "NO SHOW". I asked her how this would effect my claim and she said

all it means is they will go with the opinions already in my VA medical record.

I need opinions on this, since the opinions in my VA record are by more educated and competent Doctors than any QTC bounty hunter doctor. whom I know will give an Opinion favorable to The VA. So do I no show or add garbage to the file? OPINION PLEASE

[Arch]

In my opinion- I would go to the exam and show the doc the opinions that you already have-

I am shocked that they appear to be on a 'fishing expedition' as we called this in the VA olden days-

and I dont buy what the supervisor is selling-

if a vet does not go to a C & P the VA can really mess around with their rating.

Unless you have what he/she said in writing-

Do you have a vet rep?

They should not be allowing this to occur as to the third opinion-

No reps here, In Washington State They are all either lazy, stupid or corrupt!!

This lady I spoke with is pretty straight so far, I have 2 favorabile VA Specialists opinions in the VA medical file. If they can come up with a "decent" Doctor, one who has an active practice, also is equal or better qualifications than the Army or VA doc's. I may see him, no more jerks please..

Arch

[spike]

Now its just my opinion in dealing with vets and the VA. There is a stipulation in the CFR that basically states you have to go to all your exams, otherwise the VARO can have a rating opinion against you. However, it is my experience with the VARO that at this point I would get any examinations from someone independent from the VA especially if they are playing what I believe is the cat and the mouse game with you. I would also recommend that IF you go to these exams at the VA, wait a few days and then get a copy of the report. I have a problem getting this through many veterans heads.....YOU CAN HAVE A VOICE and HAVE THE VA TAKE OUT OR AMMEND ANY DISCREPANCY OR information that may or may not be harmful to your case. One time I went to the doc about my knee eval. He asked me if they hurt in and out of the knee braces.....I said yes. He said leave them on I dont want to put you in any more pain than you already in. He indicated on the rating exam....that I flat out refused to remove my knee braces for his further evaluation. HE no longer is allowed to touch my exams. One thing that I did realize becoming a Vet Rep/Vet Advocate, Service Officer. I honestly believe that your file (regardless if it is spoken or written or not) is flagged for those who know the law, regulations or have been "known" to create problems for the VA when they screw up, I believe they keep those files away from the more.....eh...less experienced people. I hear all these nightmares with the VA Health and VARO. My name comes up so many times that now when I call the VARO they know me by name but "I know its you but I am required to verify by law" convo. I think thats why I am lucky to move files or claims faster...It's not fair but I believe it happens.

[Jazona]

Spike, I'm firmly convinced that the VA Regional flags our files. Years ago, when I went to view my C-file, there were numerous colored circles on the front jacket of my file. I asked the VA type that was monitoring me what the dots meant and he wouldn't answer me. Later, when I requested a copy of my C-file, I also asked that they copy the front jacket. When I got my copy, you guessed it! No copy of the jacket. You better bet they are pulling something shady when they outright refuse a "freedome of information" request.

jaz

[tssnave]

DANGER, Will Robinson, DANGER!!

Forget the 2 For/2 Against survey, GO WITH THE REG!! I believe Spike is correct when he stated "

There is a stipulation in the CFR that basically states you have to go to all your exams, otherwise the VARO can have a rating opinion against you." I have read that before either in the regs or the VBM. I am swamped right now (only logged on to post a query to review later) but if you don't get the citation from someone else about not going to an exam and how it can royally screw up your claim, let me know and I'll find it for you.

You stated that "After speaking with the VARO their, supervisor said I dont have to go to to this appointment and I will be charged with a "NO SHOW". I asked her how this would effect my claim and she said

all it means is they will go with the opinions already in my VA medical record." That's fine and good. Call her up again and ask her to give you that information in writing to include citing whatever underlying regulation she is applying by telling you that you having a NO SHOW would not affect your claim. Don't get snookered. If she wants to say it then she should be willing to write it. Also, if your vet rep is in the VA building, ask him/her to go up there and get it in writing from the supervisor. My guess is once she's asked to give you what could be proof of her statements, she will come off of them and rescind them or tell you you misunderstood.

I am all for sharing experiences and giving opinions but what will ultimately help you prevail is if you follow the rules and regulations and more importantly, make the VA do the same. No offense to anyone who's opinion or experience is different from that - just remember, if it ever goes all the way to the court, they will only look at the regs, not what somebody thought or heard or had firsthand experience with so go by the regs (this public service announcement has been brought to you by TS).

And forget whatever someone tells you on the phone. From what I understand from other posters here, you get conflicting information from the phone reps all the time so it stands to reason that a supervisor could do the same. Unless what she states is in writing that you don't risk harming your claim by not going to an exam, it is your word against theirs and if you are claiming they told you something contrary to the regs, well, you don't have much of a leg to stand on even if you are the one telling the truth.

Keep us posted,

TS

Edited September 6, 2007 by tssnave

[john999]

A NO SHOW will just kill your claim. I would go to the exam. If you don't like it get an IMO to rebut it. The VA recently charged me with a NO SHOW for an exam they did not even tell me I had. I was already SC for the condition but the VA said since I was a NO SHOW they could not rate me higher. It would not affect my compensation level anyhow but you bet I filed a NOD. Even if you have very good evidence in your file I would always go for the VA exam and fight the results later.

[Arch]

Boy You Guys & Gals are Just Great

I really appreciaate all the input, I think you all are right, there is a Reg that states If you dont show they can drop your claim. My Wife found it today in research of 38 CFR, now we cant get back to the section to print it out (too many computers )

I Will go to the QTC bogus exam, they are sending me to a doctor who treats allergies of the ear to determine "meniers" syndrome?? About par for VA.

Thanks for covering my "Six" folks, Really feels good to have this board and all the contributing members ..

Arch