RSG Posted February 21, 2008 Share Posted February 21, 2008 Can I find out what I need to do to write a valid rebuttal on a invalid C&P exam. Help please this hopefully will be the last hurdle I have to jump over. Link to comment Share on other sites More sharing options...
iraqx2 Posted February 21, 2008 Share Posted February 21, 2008 Is the situation that you had a decision on a rating because the C&P exam was invalid? Or in general, you had a bad C&P exam? Most likely a Notice of Disagreement Link to comment Share on other sites More sharing options...
mountain tyme Posted February 21, 2008 Share Posted February 21, 2008 Hello RSG: you wrote- "Can I find out what I need to do to write a valid rebuttal on a invalid C&P exam" In my opionion the best way to go about rebutting a VA C/P is to use medical evidence that contridict's what the C/P examiner wrote. For an example lets say the C/P examiner states that the Vet does not have voimiting or blurred vision with migraines. If you have medical reports that contain that the VET does have these conditions then it will rebutt what the C/P examiner indicated. The VA will accept medical evidence more so then a written statement from someone who is not a doctor (hope that makes sence)esp. for subjective conditions. Now lets say your C/P is for a Mental Health condition...the C/P doctor states that there was no trauma that would bring on stress well besides medical treatment records the VA will except other forms of documentation to support Mental Health claims ...Layman statements and buddy statements will come into play. It really depends what you are trying to rebutt will indicate what course of action you will need to take to give credance to your claim in a rebuttal. this is just my thoughts MT Link to comment Share on other sites More sharing options...
RSG Posted February 21, 2008 Author Share Posted February 21, 2008 It was a bad C&P exam, I think, after reading what she wrote. and the AMC might just be giving me a chance to write a rebuttal because none of what she says jives with any other dr's eval/opinion. They are focusing on this one exam in the letter from the AMC, last paragraph. At least that's how I see it. Is the situation that you had a decision on a rating because the C&P exam was invalid? Or in general, you had a bad C&P exam? Most likely a Notice of Disagreement Link to comment Share on other sites More sharing options...
Dale Jr. 8 Posted February 21, 2008 Share Posted February 21, 2008 RSG, In my case they tried to use a bogus 5 minute C&P to reduce me from 50% to 30%. I asked for a personal hearing and got an IMO from my non-va doc and they decided not to reduce me. They like to hinge the whole claim on a substandard c&P exam. DJ8 Link to comment Share on other sites More sharing options...
rattattat Posted February 22, 2008 Share Posted February 22, 2008 The vet I am helping had a C&P in November. We thought at the time that it went pretty well. It did not ! His claim was for several medical issues, no PTSD or any other mental problems. When we got a copy of the exam it looked like she had examined some other guy, not my friend. There were so many errors it was not funny. She said he arrived in a wheelchair, he did not. She said he failed a mental test, and "seemed to be out of it". I was there she did not give him any such test, and there is nothing wrong with his mind. Then she said he was inconsistent in his statements and although was in severe pain and very fatigued, "he exaggerated his symptoms". She is obviously trying to discredit him. She made a complete mess out of the medical claims. What she said did not make medical sense if you knew anything about the conditions. I had a doctor look at the report. When he got finished reading all 75 pages of it this is what he said " What a crock"! He is ready to rebutt her entire report , but we are waiting to see what the rating officer does and how much importance the errors weigh on the decision,then it will be easier to see exactly what needs to be rebutted. Some of her errors could actually be helpful. When it comes to anything medical your best chance is to have a doctor tear down all of the negatives. The VA won't give lay opinions any credence in medical matters even if you have a slew of research reports that back up what you say. You have to have a doctor tell them that they are wrong and why. Link to comment Share on other sites More sharing options...
RSG Posted February 22, 2008 Author Share Posted February 22, 2008 that does not surprize me at all, You should see mine, Exactly the same type of idiocy. The vet I am helping had a C&P in November. We thought at the time that it went pretty well. It did not ! His claim was for several medical issues, no PTSD or any other mental problems. When we got a copy of the exam it looked like she had examined some other guy, not my friend. There were so many errors it was not funny. She said he arrived in a wheelchair, he did not. She said he failed a mental test, and "seemed to be out of it". I was there she did not give him any such test, and there is nothing wrong with his mind. Then she said he was inconsistent in his statements and although was in severe pain and very fatigued, "he exaggerated his symptoms". She is obviously trying to discredit him. She made a complete mess out of the medical claims. What she said did not make medical sense if you knew anything about the conditions. I had a doctor look at the report. When he got finished reading all 75 pages of it this is what he said " What a crock"! He is ready to rebutt her entire report , but we are waiting to see what the rating officer does and how much importance the errors weigh on the decision,then it will be easier to see exactly what needs to be rebutted. Some of her errors could actually be helpful. When it comes to anything medical your best chance is to have a doctor tear down all of the negatives. The VA won't give lay opinions any credence in medical matters even if you have a slew of research reports that back up what you say. You have to have a doctor tell them that they are wrong and why. Link to comment Share on other sites More sharing options...
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RSG
Can I find out what I need to do to write a valid rebuttal on a invalid C&P exam. Help please this hopefully will be the last hurdle
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