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Amc Wants C&p Clarification


hurryupnwait

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Would clarification of a favorable C&P exam be to the point where it would be unfavorable after the clarification.

Edited by hurryupnwait
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  • HadIt.com Elder

If it is, as you say, a favorable C&P.....then why would clarifying it make it unfavorable?

CHANGING it...from favorable to unfavorable....now that is a different monkey.

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If it is, as you say, a favorable C&P.....then why would clarifying it make it unfavorable?

CHANGING it...from favorable to unfavorable....now that is a different monkey.

In VA language would clarifying it mean the same as changing it?

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hurryunwait,

Do you have an IMO from Dr. Bash?

Always,

Josephine

No, I just sent him an email yesterday for his opinion.

Happy Trails

Paul

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  • HadIt.com Elder

hurryupnwait,

Are you at liberty to share with the group your email, so that we may better understand your claim.

Thanks,

Josephine

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hurryupnwait,

Are you at liberty to share with the group your email, so that we may better understand your claim.

Thanks,

Josephine

Sure! Here is what I found out. I sent Dr. Bash this email inquiry just in case this clarification turns out to be a unfavorable change.

I called the C&P office where I had my exam and found out why the claims file was transferred to the West LA medical facility.

I sent the following email to Dr. Bash.

Dear Dr. Bash

The AMC has sent my claims file back to where I got my favorable C&P exam. The doctor that did this exam is now retired, so he will not be replying. They want a clarification of three things:

1. Medical opinion of following;

In Oct 1972, discharge exam

Impression: Bilateral spondylosis with grade 1 spondylothesis s1 on s2 (I think this should read L-5/S-1). Severely symptomatic.

Disposition: Unfit for retention, ATL 40-501 Chapter 3-3

Physical exam: Back and legs full range of motion. Straight leg raises positive at 45 degrees bilateral. Contralateral straight leg raises negative, deep tendon reflexes 2+ bilaterally, no motor or sensory loss.

X rays: see impression

History: 6 year (not correct, should read 2 year) recurrent low back with bilateral sciatica of 3- 4 months duration. No ______ ? increase in pain. No bowel or blatter incontinence.

Oct 1973, VA exam

Claimants back condition is constitutional and developmental abnormality, active duty did not aggravate beyond natural progression.

2. Opinion of the following;

Thirteen years (1973 to 1986) of my civilian doctor's medical records of back treatments were lost by water damage but were already old enough to be destroyed. AMC wants to know how the C&P doctor came up with his nexus of service connected. AMC has a statement from my sister declaring that I was seen by this doctor for my back in those years.

3. Medical opinion:

The same year that my family doctor died (April, 1986). I hurt my back (July 1986) . I was not able to work for four months while a chiropractor treated me. In his records he put that I hurt my back while lifting a raft in a river. In the chiropractor's writing it looks like I lifted the raft by myself. but I was helping 5 other people lift a raft in to a river. AMC is stating that I lifted a heavy raft and that caused the back conditions that I have today. The AMC appears to want to claim that I injured by back in 1986 and that my back condition was ok from 1973 to 1986.

It was not ok, but I do not have the medical evidence.

Do you think you could help me? Should I wait till the VA doctor's enter their clarification?

Sincerely,

Paul xxxx

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  • HadIt.com Elder

Do you have a copy of ALL your SMR's (Service Medical Records)?

If so, do you have any record of being treated for the condition that you are claiming, while in the service, and if so, do these records indicate when/where/how this condition came about?

If so, does this record indicate that this condition was incurred during your service or was aggravated during your service?

If so, do you have any record of continuing treatment for this condition following your discharge and up until this period of time?

If not, you're probably screwed.

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Do you have a copy of ALL your SMR's (Service Medical Records)?

If so, do you have any record of being treated for the condition that you are claiming, while in the service, and if so, do these records indicate when/where/how this condition came about?

If so, does this record indicate that this condition was incurred during your service or was aggravated during your service?

If so, do you have any record of continuing treatment for this condition following your discharge and up until this period of time?

If not, you're probably screwed.

Yes, to all the above

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  • HadIt.com Elder

Then, GO GET 'EM TIGER!

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  • HadIt.com Elder

Hello hurryupnwait,

You can expect the AMC and it's RO level rating specialists, to window shop for an unfavorable C&P and or try to pin your currant spinal issues on anything they can, POST service. If nothings in your post service records, like hurt your back while lifting a boat or patient reports back strain while hiking in snow. They may just make it up and deny anyway, but generally they will pick anything out like the remarks from your chiropractor and run with it.

They will build a whole case around their theory of how all of these post service injuries caused all the intervertabral disc disease, scoliosis, osteoarthritis etc from lifting that boat.

In the mean time, you can expect them to completely ignore, "ANY" and I do mean ANY favorable evidence.

You can save yourself years of this cat and mouse game by getting an IMO from Dr Bash and submitting it.

Don't expect any VAMC C&P examiner to be a specialist. Many are nurse practitioners,"trained" to provide the examination the way the VA wants them.

If they are an MD, more than likely they will be an"Internal Medicine" Dr.

If your health Issues are neurological/spinal, you will need someone who specializes in interpreting diagnostic tests like MRI's.

Trying to get a C&P examiner to go through all your records and an examination in under two hrs is difficult for all the issues I have.

Most VA examiners ignore your medical history and their opinion is only based on what they observe during the examination.

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  • HadIt.com Elder

Hurryupnwait,

Being that I am an example of the " Window Shopping Game" having a " More Likely than Not" and going 5 months later for another C&P just to receive a denial, I would do as Allen stated, get that IMO, from Dr. Bash and the sooner the better.

You have been at the AMC way too long.

The VA will try everything that they can to say that your condition existed before service.

I have submitted 3 letters from my Pastor, who has known me since the age of 13 to dispute the findings of the last C&P.

I never suffered from nervouness, anxiety, headaches etc, before entering the Navy.

I also went so far as to contact my military treating doctor to dispute the last examination also.

I submitted 3 letters from my present doctor of 30 years to dispute the findings of the last C&P.

I submitted a Buddy Letter also in dispute and a letter from a friend that has known me for over 50 years and letters from my two daughters and husband.

The last C&P is no more than slanderous attacks at my character and plain pure lies.

My claim has been rated by the " Rating Specialist and is now waiting for the signature of the " Supervisor".

I will know within the next couple of weeks, if I received a grant.

Always,

Josephine

(Betty)

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  • HadIt.com Elder

Why else would the VA ask for "clarification"? If the evidence is in at least "equipoise" As the VA seems to believe, it would be resolved in the veterans favor, unless the VA can come up with something to counter existing records, even if the records were generated by the VA.

"Would clarification of a favorable C&P exam be to the point where it would be unfavorable after the clarification?"

Would clarification of a favorable C&P exam be to the point where it would be unfavorable after the clarification.
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Josephine

You have been a wealth of valuable information in dealing with the AMC. I want to thank you for this. I hope and pray that you prevail at the AMC.

I tried to call Dr. Bash today, but I got his answering service, so left a detailed message. Hopefully we will communicate soon.

Happy Trails

Paul

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  • HadIt.com Elder

Paul,

I am doing everything that I can to alert vets of the possibily of what the VA may do to their favorable opinion.

Always a Pleasure,

Josephine

(Betty)

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  • HadIt.com Elder

If the evidence is in at least "equipoise"?

I know there are laws the VA has concerning equal balance of evidence. I don't believe this is practiced at the RO, AMC, or BVA levels.

US Veterans must submit evidence that proves their case beyond a reasonable doubt, and then some.

Equal justice under the law is not applied, neither is due process of law. The DVA hires theives to obstruct justice while they protect their identity.

Equipoise is a word that gets tossed around by SO's. The DVA reconizes it as a word with nine letters. No one should expect this word to be applied at anytime to their claim. The same goes for the word, "expedite", "justice" and the list goes on.

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  • HadIt.com Elder

hurryupnwait,

I found it very easy to comunicate with Dr bash through email.

I don't remember having to wait very long before getting a reply.

drbash@doctor.com

myelinman@hotmail.com

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I received this iris email yesterday

Status of appeal

Discussion Thread

Response (Department of Veterans Affairs) 09/26/2007 01:08 PM

Mr. ====,

Your Claims File is currently in transit from the Appeals Management Center in Washington, DC to the VA Medical Center in West Los Angeles. It may have arrived already.

The Medical Center will comply with the instructions from the Appeals Management Center and return the file after their action is completed.

Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message. If at some future time we can help you on a different subject, you may submit a new inquiry at https://iris.va.gov, call us toll free at 1-800-827-1000, or visit our web site at www.va.gov.

Sincerely,

Steve xxxx

Public Contact Team

Veteran/Inquirer (Entered by Department of Veterans Affairs) 09/20/2007 12:14 PM

Veteran called for a status on his appeal. On VACOLs the appeal file shows in Los Angeles. In covers, the claim file shows in transit. Veteran called the Appeals Management Center and was told his file was at the VA Hospital in West LA.

What is VACOLS and in covers?

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  • HadIt.com Elder

Hurryupnwait,

This is the only response that I have received from the AMC petaining to the status of my claim by email:

You have reached the Appeals Management Center in Washington, D.C.

We will not be able to reply via email due to the sensitive information requested because of a recent procedural change in regards to our responses to email inquiries.

Please call us toll-free at 1-866-258-0341 for assistance.

Thank you,

AMC

You are finding out more information than I am. What do you make of this?

Always,

Josephine

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Hurryupnwait,

This is the only response that I have received from the AMC petaining to the status of my claim by email:

You have reached the Appeals Management Center in Washington, D.C.

We will not be able to reply via email due to the sensitive information requested because of a recent procedural change in regards to our responses to email inquiries.

Please call us toll-free at 1-866-258-0341 for assistance.

Thank you,

AMC

You are finding out more information than I am. What do you make of this?

Always,

Josephine

Josephine

This email came from the VA 800 Number not the AMC. I took your advice and started calling both the AMC and the VA 800 and oompared their answers, if both told me the same thing, then it might be true.

Last Thrs when I called the VA 800, a lady named Millie answered and I told her I wanted to know if my file was at the West los Angeles VAMC, she could not verify where it was, so she said she would have a DRO call me, but no one did. This iris reply prolly is from that conversation.

I m not sure if I should wait for West Los Angeles VAMC to reply and send the file back to AMC, then ask for a copy to know if the clarification was unfavorable or should I pursue getting an IMO from Dr Bash right away.

Happy Trails

Paul

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  • HadIt.com Elder

Paul,

As we all know on this site, I have so little knowledge of the workings of the VA.

I will give you my honest opinion, from my experience, this is my opinion only.

I do know what the VA has and has tried to do with my claim.

In my case, I had that " More Likely than Not" decision from the doctor at the VAMC, with the choosing of the doctor by the Regional Office, the time and the place.

This doctors C&P was never adjudicated.

The Regional Office did not send this C&P back for clarification nor did the DRO disqualify the C&P.

Wouldn't I most likely received my due benefits if the DRO had adjudicated his C&P?

You must ask, " Why didn't he"?

5 months later, I am sent for another C&P and there is no mention, whatsoever, in the write up of the first C&P and Dr. M. is not included in the second C&P, which is normal procedure.

This C&P produced this diagnosis

Axis 1 - Anxiety not other wise specified ( This is a ratable diagnosis by the DSM.

Axis 11 - Personlality Disorder not otherwise specfied with borderline, dependent and histrian traits.

( This does not conform to the DSM) ( It does not even mean that I do indeed have a Personality Disorder)

Regional Office Decision.

Personality Disorders are congential and are not paid by the VA.

The BVA has stipulated that the second C&P examination must return to the VAMC for rationale and etiology and reconcile their difference.

( They did not choose to comply with the remand)

Now, let's look at your situation.

You are sitting with a favorable and do they owe you retro? Would the VA owe you much money and benefits, if they stop with the first C&P.

What is to clarify? I imagine your doctor was on his toes and gave complete rationale for his decision.

Your Regional Office did not sent the C&P back for clarification, did they? No.

If you wait and the VA turns this favorable into not so flavorable, then you can not turn in the IMO. This is my understanding from Berta.

You will be in the court system.

Dr. Bash can have you a IMO within 3 weeks. It may cost you, but are you willing to take this chance.

I am not trying to scare you into the IMO, but I would definitely call Dr. Bash today and see what he thinks of this situation.

I have spoke to him on the telephone and his associate and they are very nice.

Sometimes, I get off on the deep end, when I see what the VA has done to my claim.

Guys and Gals out there, help us reason this one? Please?

Always,

Josephine

Betty

Edited by Josephine
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