Unrebutted Medical Opinion?

[hurryupnwait]

Hi All

The Amc sent my favorable C&P exam back to a different doctor for a clarification and it came back very negative.

Would Mariano vs. Principi court case fit this situation?

Happy Trails

Paul

[Chuck75]

I would say so, and also get an independent medical opinion (or two) by a Dr. that is qualified in the specialty that deals with the medical problem(s) you are seeking compensation for.

My personal opinion is that both C&Ps should be in your records. And the fact that one is favorable and one not can be dealt with. Since they negate each other, a very favorable IMO should stand on it's own, and tend to validate the favorable C&P.

On the other hand, do not be too surprised if the favorable C&P somehow disappears from your records.

There is always the question to make the VA answer- Why did they order a second C&P if the first was favorable? If done properly, it's possible to nullify the unfavorable results.

Also, if the unfavorable C&P results in improper medical treatment by the VA, an opening may exist for malpractice.

Hi All

The Amc sent my favorable C&P exam back to a different doctor for a clarification and it came back very negative.

Would Mariano vs. Principi court case fit this situation?

Happy Trails

Paul

[Josephine]

Paul,

Do you have a Pastor that knows the you before and after service?

Josephine

(Betty)

[hurryupnwait]

I would say so, and also get an independent medical opinion (or two) by a Dr. that is qualified in the specialty that deals with the medical problem(s) you are seeking compensation for.

My personal opinion is that both C&Ps should be in your records. And the fact that one is favorable and one not can be dealt with. Since they negate each other, a very favorable IMO should stand on it's own, and tend to validate the favorable C&P.

On the other hand, do not be too surprised if the favorable C&P somehow disappears from your records.

There is always the question to make the VA answer- Why did they order a second C&P if the first was favorable? If done properly, it's possible to nullify the unfavorable results. They did not order a second C&P exam, they sent the claims file back to the C&P Exam Supervisor, not back to oiginal writer of the C&P exam, to get a clarification. This doctor put an very negative addendum in the C&P exam concerning a medical opinion the AMC sought. I do not have a copy of the addendum. I had it sent to my SO and now he does not want to send it to me, because of privacy act issues.

Also, if the unfavorable C&P results in improper medical treatment by the VA, an opening may exist for malpractice.

[hurryupnwait]

Paul,

Do you have a Pastor that knows the you before and after service?

Josephine

(Betty)

No, I don't

Paul

[hurryupnwait]

No, I don't

Paul

Family members and friends, My sister wrote a letter concerning before and after service condition of my back.

[Josephine]

Paul,

If at all possible, I would go see Dr. Bash. I don't know too much of the particulars of your case, for I do not understand the terminology of your illness.

Can or have you faxed Dr. Bash your examination and your SMR'S? Perhaps he can take a look at them and write you up an IMO without the examination, as he has others.

Always,

Betty