Bva V. Amc

[lu12]

Is the AMC able by law OR IN ANY OTHER WAY, to go over a remanded action BY THE BVA to the VHA C&P Examinations. Ex:

1. Schedule the vet fora a va ortho examination for the purpose of ascertaining the etiology of his cervical spine disorder. The claim file most be made available to and be reviewed by the examiner in conjunction with the examination. the examiner report should indicate that the claim file has been reviewed, and that the examiner has taken into account the private and VA medical record records of prior treatment referable to neck pain, including Radioculopathy into the uppers extremities. Base upon a review of the historical records and medical principles, the examiner should provide an opinion as to whether there is a 50% probability that the vat cervical spine disorders is related to either his period of active service, or to his ser-conn low back disability. The examiner should specifically address and reconcile this opinion with the various opinions of the record finding that the vet cervical spine disorder is related to his low back disability and the injuries he sustained during the service.

If the examiner feels that the requested opinion cannot be given without resort to speculation, the examiner should so state.

B)

Then I most ask again:

Is the AMC able in a anyway to go over a remanded action from the BVA, Actions and Instruction given to the C&p Examiners?

B)

I most ask again ??? b/c the C&P examiner seems that he did not understood the BVA instructions at-all

The c&p examiner did not proceed with any kind of:

1. Cervical Spine Physical Evaluation.

2. Uppers Extremities and Radioculopathy Physical Evaluation.

3. Did not wanted to take into account SMR medical evidence

4. Did not wanted to considered C-File, VHA 1st unclear spine medical evaluation.

5. Did not wanted to revised previously IME Opinions.

6. careless about new IME Nexus Opinions.

7. Did not care about 1 st RD from DVA for voc-rehab statement etiology of vet back cond unclear during medical discharge and at the 1st VAE done in 1989.

Examiner Seems he did not wanted to reconciled with the various medical opinions of the records findings and also from the BVA request at all.

Looks like he wanted to base his opinion only on my 1998 SOC response to the VARO, base his opinion on a non medical material evidence of the record

Unless he where following instructions from another sources. Straight forward he told me he could not do anything for me.

Should I challenge this C&P examination for all of the above reasons and before it gets back o the AMC

lu12.

[Berta]

"Should I challenge this C&P examination for all of the above reasons and before it gets back o the AMC"

Absolutely- if he did not comply with the Remand instructions and did not comply with the proper C & P criteria-

I think it is always best to challenge any exam (use the actually copy of the results)right away rather than wait for the VA to deny based on results of a faulty exam.

I would ask-if I were you- for your vet reps help in preparing a challenge to this exam- then again you did raise many very good points here to challenge it with.

[LarryJ]

First of All:

Have you actually seen and read the results of this C&P?

Do you know what the examiner had to say?

If you cannot answer "yes" to the above questions, then before I did Anything I'd get a copy of this exam and read it very, very carefully.

It just may be an exam that you DO NOT want to bring into question.

In other words, it may be a "favorable" exam.

Go to your Medical Records office at the VAMC and fill out a "FOIA" form and request a copy of your exam. They'll print it out for you while you wait.

[lu12]

"Should I challenge this C&P examination for all of the above reasons and before it gets back o the AMC"

Absolutely- if he did not comply with the Remand instructions and did not comply with the proper C & P criteria-

I think it is always best to challenge any exam (use the actually copy of the results)right away rather than wait for the VA to deny based on results of a faulty exam.

I would ask-if I were you- for your vet reps help in preparing a challenge to this exam- then again you did raise many very good points here to challenge it with.

HELLO, BERTA.

JUST TO THINK ABOUT MY NEW SERV REP I'M ALREADY DEPRESS, ALSO TO SLOW AND NOT A GOOD MOTIVATOR. B)

WHAT DO YOU MEAN BY USE THE ACTUALLY COPY OF THE RESULT?

B) THE APPEAL MANAGEMENT CENTER CLAIMED JURISDICTION OVER MY CASE NOT THE VARO AS IT WAS ORDERED BY THE AMC IN THE FIRST PLACE.

LU12

[LarryJ]

Anything remanded back to the VARO goes through the AMC. The AMC is supposed to handle the remand to make sure that everything that is remanded back to the VARO is taken care of properly.

[Berta]

Larry said it all- he is right- get a copy of the actual C & P and then you will know exactly what to challenge-I was surprised to get a C & P result some time ago that was manipulated in the SOC at the time in the most favorable way -to deny the claim-I knocked down this doctor twice- he prepared more VA BS that I challenged in an SSOC - in those days I didnt even know I could obtain the actual C & P results.I won that claim but ironically I called this same VA doctor some time back and he remembered the claim and said that he definitely saw the medical potential and nexus for my present main AO DMII death claim.I asked him if he could do an opinion on this new claim but he said the VA knew I knocked him down twice and they would not even ask him to opine on one of my claims again.Still- this was only the second VA doctor in a decade who actually saw what my husband's true etiology for his death was- DMII from AO in Nam.Nothing like getting copy of the actual C & P results as soon as they are typed up.

Edited December 20, 2007 by Berta

[lu12]

First of All:

Have you actually seen and read the results of this C&P?

Do you know what the examiner had to say?

If you cannot answer "yes" to the above questions, then before I did Anything I'd get a copy of this exam and read it very, very carefully.

It just may be an exam that you DO NOT want to bring into question.

In other words, it may be a "favorable" exam.

Go to your Medical Records office at the VAMC and fill out a "FOIA" form and request a copy of your exam. They'll print it out for you while you wait.

HELLO, 'LARRYJ'

THIS IS A CASE REMANDED BY THE BOARD BUT IT GOT RE-ROUTED TO THE AMC. THE THING IS AND THIS IS WHAT GOT ME MOST FURIOUS DURING THE EXAMINATION:

THE EXAMINER WAS LOOKING TO AN SOC RESPONSE THAT I WROTE TO THE VARO IN 1998 IN WHICH I STATED THAT I SOUGHT AND CLAIM TO THE VHA OUT PT. CLINIC TO MEDICALLY TREAT MY CERVICAL AND ANXIETY DISORDERS AS CHIEF COMPLAINT IN 1996 SINCE AT THAT TIME I WAS 70% S-C...

EXAMINER SAID I DON'T SEE HOW I CAN RELATE THIS TO YOUR SERVICE... AND BECAUSE YOU WROTE AN STATEMENT IN 1998 THAT YOU HAD REQUESTED TO BE TREATED FOR THESE ISSUES FOR THE FIRST TIME IN 1996 THERE IS NOTHING THAT I CAN DO FOR YOU.

I REPLAYED THAT THE EVIDENCE WAS CLEAR I HAD A PRIOR HISTORY OF CERVICAL SPINE DISORDERS PRIVATELY AN WITH IN THE VHA WELL BEFORE 1996 - AND THAT IN 1996 I WANTED MY CERVICAL CONDITION TO BE TREATED AS A CHIEF COMPLAINT B/C I HAD THE RIGHT TO DO SO.

SEE AT THAT TIME, 94-97 EVERY TIME I DID COMPLAIN ABOUT MY CERVICAL - THE VHA MD. PRACTITIONERS REFER THAT IT WAS RELATED TO MY LUMBAR CONDITION BUT NEVER DOCUMENTED ANYTHING ABOUT IT AND MOST OF THE TIME THEY JUST HAVE TO SAY, NOT ENOUGH TIME TREAT ALL THOSE CONDITIONS TOGETHER.

THEN AGAIN I REAFFIRMED THE HE THE EXAMINER WAS ONLY RELATING TO MY RESPONSE TO THE VARO IN ODER TO MAKE HIS STATEMENT.

I HAD TO IDENTIFIED ON THE SAME SOC RESPONSE THAT I DID BY SET 19, 1996 I FILED A CLAIM FOR MY CERVICAL CON. AND THAT ON THE SAME DATE, I ALSO CLAIM MEDICAL TREATMENT AS CHIEF COMPLAIN WITH THE VHA... SEE, AT THROUGHOUT BOTH VA ADMINISTRATIONS THE REGIONAL OFFICE AND THE HEALTHS ADMINISTRATION FROM THE VA.

AND I'M NOT ABLE TO SEE ANY OF MY C&P REPORTS JUST YET B/C THERE IS ONE ISSUE STILL PENDING TO WORK WITH AND FOR THAT MATTER THE NEXT C&P APPOINTMENT IS SET UP FOR DEC 27, 2007.

THANK U 'LARRYJ'

LU12

LU12