Need Help With Increase And C&p Exam

[Bound4heaven]

Greetings,

I contacted my local RO over a year ago to ask if I could get a letter stating that I am T&P (I am currently rated at 90%IU with T&P with Chapter 35 benefits and no future exams) The ro informed my that I was not T&P (I was but was unaware at that time) and I would have to apply for increase. I do file for increase and I was sent to my 5th C&P exam. The examiner was a N.P and extremely rude to me. She asked me questions that had nothing to do with my exam (Why do my wife and I adopt special needs children, and was I drinking I havn't drank in over 10 years) I informed her that was not while I was there. I have many bi-lateral foot issues and she asked me to stand on my toes and I informed her I could not and she became furious at me telling me I was combatant and she would make sure that was known. I knew after that exam last July it ewas not going to go well.

I got a copy of the C&P exam from the mnedical records and I was floored with the distorations and lies that were in the exam. She said in the final report that I was missed dignosed and my disabilities were not as severe as my other doctors in the VA. She went on to say that I was able to stand on my toes so by doing that I had no foot problems. I files 7 complaints with the patients advocate at the VA Medical Center. I even met the pwrson in charge of the C&P exams. I sent all information to the RO. I also receive SSD. The question I have is because of her comments on the C&P reports will I loose the increase? However the big issue I have is will they reduce my current benefits I now receive?

I have one last issue. With this increase I brought into play secondary disabilities from side effects I now endure from the 21 different medications I now take. I had a medication evulation done outside the VA and all the current side effects I thought were due to my disabilities were because of my meds. I submitted this report to the RO. I also had a IME done by Dr. Bash , however he is not done with it as of yet. My American Leigon cso wants the RO to make a decison asap, and use the IME for an appeal if necessary. Can anyone give me some advice? God bless you all.

[Jay Johnson]

Oh, I missed that it was an NP. There's NO WAY the RO should take a general NP diagnosis over your past doctor's opinion. In fact, the RO should know better then to send someone with specialized disorders to a general NP for an overall evaluation. As a nurse I can etll you that an NP is in now way traianed to deal with the issues you mentioned...they are, essentially, for medications and routine common problems like flu, colds and other common everyday disorders...in fact, an NP cannot even officially diagnose anything without the signature of a supervising MD.

[mssoup1]

Just thought I would add a little note about our experience with C & P exams. My husband went for a C & P exam for his claim for an increase in his service connected skin condition. We thought things went well, at the time. He then was scheduled for another C & P exam for service connecttion for hypertension. While we were there, the doctor who gave him his C & P exam for his skin claim saw my husband and called him in, telling him that there were a few things he had forgot to ask him when he was there the week before for his skin and he needed to get those answered. Strange, huh. Well, the next thing we know, he is asking my husband questions about a claim he had in for ED, secondary to his meds for PTSD. We were not told that this was a C & P exam for ED. This is when he became very angry and beligerent with me because I insisted that he look at my husband's complete file which would have a bearing on his claim fir ED. When I finally got the results of the exam for ED, it went on and on about the ED being due to meds being given to my husband for prostrate problems, not his PTSD. My husband has never had nor does he now have any prostrate problems. He even quoted my husbands psychiatrist's name and stated "he was from the Urology Department and the records from that department backed up his findings". Number one, the doctor from the Urology Department that he referred to is not a urololgist, but his psychiatrist. Number two, this doctor is a she, not a he. Number three, my husbnd has never been treated in the Urology Department, so how could there be any records from this department stating anything and he also does not have a prostrate problem. The whole report was horrible and inaccurate. Then, when I called about the results of his C & P exam for his skin problems, I was told that the results of that exam was included in the same report for ED. The only thing stated in the ED report was that my husband was claiming an increase in his skin condition. That was it. When I stated this and wanted to know where the notes were that the examiner took whiole my husband was being examined for his skin, they couldn't tell me anything except that his file and everything had been released back to the VARO. Now the VARO has an incompetent C & P opinion for ED and nothing on his exam for his skin. I hit the ceiling. Sat down and wrote a 4 page letter taking each sentence the examiner wrote and disputed each one. Even told them where to go to get the documents to back up what I said. We hand carried this to the VARO and spoke with someone there about it. I then called the VAMC and filed a complaint with the examiner. I am still waiting to hear from them about a meeting that they indicated that they wanted to set up with the Chief of Staff for us. Not sure where this stands at this point. This probably will hurt my husbands claim in the end, but there was no since in this examiner doing this to any veteran who only wants a fair examintion and not a report based on inaccuracies. Someone has to step up to the bar and file complaints about the inaccuracies of the C & P exams that some veterans are receiving. The veteran only wants a fair shake and not a bunch of inaccuracies which would immediately get his claim denied. I took everything straight to the VARO before my husbands claim could get denied, based on this examiners reports. The first question the VARO ask me was how I managed to get a copy of the C & P exam before the claim decision had been made. I told him we went to the Release of Medical Records Depaqrtment and asked for it.

Well. this is where we stand on this. Any input from anyone on whether or not I took the right road on this and whether or not my husbands claim may get negatively affected?

Thanks

[Guest allanopie]

The BVA or the VARO "may" request a specialist or MD perform the C&P examination, but the VA medical centers are the ones that decide who there going to pay and what for. I believe the regs state, the examiner needs to be trained to give the examination, but thats about it.

My first C&P was performed by an NP for neurological & spinal disorders. I think I've had 4 or 5 C&P examinations since & they were all, internal medicine, none were neurological.

If you get a favorable C&P, you can expect the VARO to refuse to give it any weight as evidence. They will likely say they're not experienced enough. If it's denied, they will stand by their examiners opinions until your at COVA. If your looking for compensation for exposure to bio- hazards, forget the VA NP's, PA's or internal med doctors. There not going to know as much as your third graders science class.

If you get to see leading Neurologists at a VAMC, you can expect them to know absolutely nothing about "Agent Orange, Gulf War Illness, radiation or bio toxins you were "more than likely" exposed to as an occupational hazard of military service.

[Guest Berta]

I would call the Chief of Staff's office myself to see if an appointment has been set up- if not you could make one with them-

The points you brought out here as to the doctor referring to the ED from a condition that he doesn't have is just plain incompetence-actually it borders on negligence.

I have to tell you something- yesterday I went through files and medical records for a 6 year period of my dead husband's experience with the local VAMC.

Full of incompetence- we do have to step up to the plate-

I found one old C & P and 3 other "expert" VA medical opinions that I knocked down many years ago-

And of course a litany of misdiagnoses that, without medical backgrounds ourselves, we never picked up on or questioned until it was too late-

Regardless of the fact that Rod had filed 2 claims with the VA ,we still fought them for better care.

His claims, that I re-opened were not awarded until 3 years after he died.

But I dont think our battles with the local VAMC caused that-

The most significant medical evidence to award his claims had been continually lost or ignored by the VARO.

I would not worry about the effect on his claim-

as it stands now- the C & P results could have a very negative affect anyhow on it.

One suggestion- I had one or two meetings with the Chief of Staff here fighting over Rod's care and I asked him to note in the med recs what we discussed. He did that.

This and another notation became very important years later when the claims were resolved.

The Chief of Staff had also made a notation in the med recs that I called my Congressman in March 1994 and as soon as he got the congressional call the patient was admitted.

(they had denied admission) It was VA's documentation of a complaint which you might need too.

That C & P your husband got cannot stand as it is- you are quite right to question it.

The part about the 'hug'- between you and me- I would let that go-

just my opinion-

you could tell the Chief of Staff that you felt it was inappropriate behavior but would be willing not to pursue that issue if they give your husband a new and proper C & P.

Edited November 30, 2005 by Berta

[Bound4heaven]

Thank you so much for your response.

NO It was at thge Milwaukee, VA Medical Center.

[Guest allanopie]

Hello mssoup1,

contact the "Patient Advocate" at the VAMC to file your complaint. I would suggest you discuss it with a team "Social Worker" as well & ask them to assist you with filing a "medical power of attorney".

You can also request a local hearing at the VARO with your SO & present evidence in person. This entitles you to be sworn in when you provide testimony. Sworn testimony goes in the record for consideration.