C&p Exam Rebuttal's

[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

I have to jump over.

[Pete53]

I think that I would go ahead and rebutt if you think it is wrong.

[RSG]

i am positive that it is wrong.

[Berta]

Mountain time made a profound point-

what you do not rebutt-VA considers that you have accepted as fact-

Sometimes a medical statement can be demolished by simple common sense-

or raising the point (with internet printout) that the claimed disability is definitely medically associated to something else already SC-

for example a diabetes vet read me his decision and I was livid!

they had completely ignored the fact that he had claimed visual problems due to the SC diabetes-they ignored this and never gave him a vision C & P-

also he had atherosclerosis to the point he had to get a cardiac stint during the claims process-and the VA made the astonishing statement-based on his diabetes C & P (which should have included heart C & P) that his atherosclerosis was NOT associated to the SC diabetes-and so they did not consider his cardiac conditions as secondary at all-

We filed a NOD that ate them alive- including the VA's own training letter on diabetes,

ADA literature that fully supported his claimed secondary conditions,

and copy of one page of the VBM that supports that atherosclerosis has known medical association to diabetes-

this is plain old common sense supported by medical fact-

if he needs to get another IMO to push this point he will- from his private diabetes doctor-

but I hope he doesnt- he waited long enough and so was very happy with his low ball 20% SC until I told him they owe him plenty more-

Attack every single thing in the C & P (use the original exam results- maybe they forgot to put something good in the SOC)

that is unsound and attach any medical evidence you have that they didnt consider as well as any internet printut that can help.

VA ignores internet print outs in some cases- but not in all cases-

and may have incorrectly assessed your clinical records-

also that C & P could have been faulty-

ad you can rebutt this due to a faulty C & P.

Edited February 22, 2008 by Berta

[pat100]

that does not surprize me at all, You should see mine, Exactly the same type of idiocy.

My Husband was diagnosed with service connected colon cancer in 2005 which he has sinced recieved a favorable decision only after many examinations and letters. I really don't have words for the first c&p exam that he had but will say that the report was 4 pages and the request for amendment was 6 pages. Get this he had a rectal exam without taking his pants off. That examiner was real good because he must have had xray vision. But I'm getting ahead of myself. Per VHA DIRECTIVE 2004-014 b. Amendments (1) A request from a veteran to amend a C&P Examination Report must be in writing and submiited to the Privacy Officer at the Vha health care facility that performed the examination. The VHA health care facility should process the request only after contacting the VARO as indicated in subparagraph 2b. Also VHA Handbook 1605.1 page 18 iTEM 8. states " Right to request amendment of records. The VA hospital told my husband and myself that we could not request a amendment to C&P exams and it was only after we gave them copies of their own regulations that a amendment was approved. Of the 18 items listed on our amendment request 12 were approved and then we rebutted the other 6 with the regional office. I'm not sure which way would be the best a rebuttal or amendment. The amendment did take 3 months just because no one at our Va knew how to do one because they had always told anyone requesting an amendment that c&p exams could not be amended. The 3 month wait was well worth the time since the examiner was reasigned outside of the c&p department, however he should have been out right fired. As for C&P Exams the more you read them the more you will find incorrect so read over them time and time again. Each time you read them write down anything that is incorrect and go from there. I'm sure you will be surprised at all the things you find wrong after the 10 or 12 reading.

[RSG]

I went to th VA hosp. Friday. i got my C&P records, I read them again for about 6th time. I went to tha patient advocate

and got exactly the same story. I am just absolutely blown away. That is a very valuable piece of information. i will go back to the VA.!!!!!!!!!!!! I will definitely consider my options now.

Thank you very much.

Ron

[pat100]

Ron,

Make sure that you have the VHA handbook 1605.1 and most important the VHA Directive 2004-014 which talks about C&P Exam amendments in hand when you go back to the VA. I got them off the VA website. You can also check with the VA Hospital's library. How I did the request for amendment is for each item that was incorrect I listed in " " what the examiner said and then I listed what was wrong and how it should have read. Remember you are requesting an amendment which they could disapprove, however if you go in there with the Directive and with everything in order to the point listed in order then you will have a better chance. To give you an example: the examiner stated that the veteran never consumed any food or never drink anything while on board the ship during ship overhaul for removal of asbestos. Drinking or eating on board the ship was never mentions during the C&P exam. During the amendment this item was deleted because unless the examiner was also on the ship with the Veteran he could not know what was consumed.