I Made A Mistake...

[jecsb4]

Hi All,

Well I have posted several times about my contracted C & P that I had to take even though the Dr. was not a specialist, and the VARO seemed to not care what the VA and private specialists (3 - Dr's) have said even. I did manage to get a IMO in recently.

Well, there is a questionaire you fill out - well I did do answer 2 pages regarding my issses and got the FOIA C & P which is way out in left field.

Well, today I discovered that I didn't fillout page 3 & 4 of the med questionaire

Anyone who reads my file could really answer thoes questions, but now I wounder if that hurt my C & P.

The VARO claims that the contracted doc has all of my med info - I just wish I could confirm or deny that.

So what should I do - fill out the other pages and turn them into the VARO? It makes me look stupid (not that I care) and would it really make a difference or would they not consider the info?

I have never heard of this type of question on Hadit before.

Anyway, in my defense, I found out I have a thyroid problem and I guess it explains why I have poor short term memory, fatigue,etc.

Thanks.

Thanks.

[tssnave]

JECSB4,

What is a FOIA C&P exam? Freedom of Information Act is the only FOIA that I know of and that doesn't seem to fit w/ a C&P exam.

My guess, and it is only a guess (others will be better able to advise you per the regulations, I'm just offering an opinion) is that it would be prudent to send in pages 3 & 4 so the VA can't say that you didn't claim to have issues with whatever is on page 3 and 4. Plus, even if he does have your medical records, the contract doc really doesn't have all of your med info if you were supposed to fill out the form in its entirety. I know they are supposed to review the entire C-file during an initial C&P exam but I'm uncertain if they are supposed to if it is a subsequent exam. If they are supposed to review the entire C-file then the questionaire, if you signed it, would be the same as a sworn statement in support of your claim and therefore, they should review it in its entirety. By the same token, if you were supposed to sign it and didn't (I'm assuming page 4 was the last page where a signature line would be) then they could disregard the 2 pages you did fill out.

Now, again, this is conjecture on my part. The best information, IMHO, is that from the regs since that's what we want to hold them to. Others can give you the reglatory information better than I can. I'll follow the thread and see what others have to say.

Good luck with your claim. Keep us posted on the progress.

TS Snave

[sixthscents]

Yeah I'd do 3 and 4 and send in a short letter explaining the circumstances. Did the give you adequate time to fill out the last 2 pages? If not I would mention that. Further, since this was a follow-on exam, the specialist was "SUPPOSED" to review your c-file, and maybe did and maybe didnt, but the rater sent him a detailed request of the things that he/she wanted answered. The told the examiner to determine certain things pertaining to your claim (whatever they were).

Thats all the rater is really interested in. They ALREADY know the circumstances etc. So page 3-4 are redundant... but I would at least make a token effort and under ailment/injuries just put- "see c-file", since you claims are already in there.

So this aint gonna hurt ya, but just to check the block do the stupid things and send them in.

To ALL - when a rater team determines that a C&P is required they ask the specialist to determine certain often VERY specific things. Of course this is case dependent and changes with every injury or claim, but they want to know specific things that they believe are not addressed in your other medical information already provided. Studying CFR 38 Section 4 for you injury is very helpful because it points out what the raters use as guidelines in determining the "extent" of an injury, hence you can ascertain or infer what information needs to be in your medical records and what it needs to show. Also, a lot of us here can tell you what the rater will want to nail down for several specific injuries, and if this is already addressed in your medical records, it would be grounds for a NOD etc.

The C&P specialist is NOT your friend. Answer the questions truthfully and fully but then stop. Answer the question and then stop and say no more. Be honest, but ONLY answer what is asked. Time and again I have watched a veteran KILL their claims because they wanted to be "chatty", and talk. Be honest, but being honest doesnt mean you have to be an encyclopedia. Further, when the specialist asks a question, try to present the most honest injury picture possible. If you hurt 5 days a week tell them so, etc. Dont try and suck it up.

I would answer question like how bad is the pain etc... without the benefit of any pain meds. That is, I would present the injury picture as it is without any medication that treats the symptoms, and produces only a sporific effect. I would add or comment that when I take the prescribed meds etc., I get some benefit, and the extent, but if they ask questions like what is your range of motion without pain, I would answer them as if I was not taking ANY pain meds. That IS your range of motion without pain, the medication is a treatment for IT.

I hope this makes sense. I have struggled in the past few weeks with the morality of this, and this is what I feel is right and wrong. Just MY opinion though... so you may want to talk to others.

[Berta]

I agree too- just send it in and tell them that your memory problems caused you to forget to send it in- I also agree that the signature part and probably an oath is probaby on the last page and they should have that-

we ALL make mistakes -

I stated one of my claims completely backwards in one response I made recently to the VA-I re-read it many times but did not catch my error-but I had referred them to a letter from the VSM that I enclosed and it was stated correctly there.

When I went to put my copy into the file here I caught it.(then I figured they havent read any of my stuff for almost 5 years-so what difference does it make)

I also made a typo once when my husband was alive-for his claim- I typed disbaled instead of disabled in one of his statements-

and saw it just as I was putting it into the envelope-

he said "Oh just Leave it in -the VA HAS 'disbaled' me".

Dont worry jecsb4-

I bet the VA makes so many mistakes by the minute- that this will be nothing to be concerned about.

I still get angry when I read the OIG report of 2005 on how fast they say they have to work and therefore miss a lot in preparing their decisions correctly.

Every VCAA violation found at the BVA is an error that someone at VA made, that others there surely saw too, and that a vet rep could have challenged but just said ah the heck with it-

adding years to the proper resolve of the claim.