Several veterans have been asking how to get reports supporting their claim from VA doctors. If the VA has not scheduled C&P’s or if the C&P’s are inadequate then the option of using VA doctors as an alternative is possible. I know several veterans who have obtained such assistance and very favorable reports for their claim since the beginning of this year.
It appears that VAMC doctors do not always feel obligated to assist with claims. On the other hand some doctor’s are providing these reports. I am not sure how to compel a doctor to write a report if they do not want to get involved. Also, consider that if you ask a doctor who does not want to get involved he could take the easy way out and shoot down your claim. I tried to involve a doctor who did not want to get involved and he made up an argument that I was miss-diagnosed by military doctors and that my condition of chronic edema due to allergies was an acute non chronic disease caused by the drinking water. I had to argue to the RO that an unverifiable change of diagnosis of a condition diagnosed 25 years earlier by military doctors was in violation of existing case law.
Changing the diagnosis of military doctors can be done if there is evidence in the SMR that the military doctor miss-diagnosed the condition. A rating specialist who had worked for the VA for 20 years told the veteran to seek an opinion from VA treating physicians to override the reports of examining physicians who made a diagnosis while in the military.
The case involved an original diagnosis of a personality disorder that was re-diagnosed by treating physicians at a VAMC 30 years after discharge. The basis of the re-diagnosis was that the VAMC treating doctors where of the opinion that a ½ hour interview by an examining physician was inadequate to diagnosis a personality disorder. To show that the report was superficial and inconclusive it was noted that the military’s examining doctors asked numerous questions to identify the source of the enlisted man’s anxiety. The enlisted man only identified that he could not tolerate living in a barracks. The military psychiatrist did not ask the enlisted man why the barracks was causing such anxiety that he would need a discharge. The answer to this question although not necessary for the military doctor to recommend a discharge would be required to make an accurate diagnosis of the enlisted mans condition. This is especially important because the veteran was claiming that he was almost killed in an aggravated assault that occurred while he was sleeping in the barracks.
The VAMC wrote an opinion that the military doctor’s exam was superficial and inconclusive. A re-evaluation of the SMR as a whole resulted in a change of diagnosis by the VAMC’s treating doctors. The VAMC treating doctor’s diagnosis prevailed and the veteran was service connected. The use of treating doctors to override examining physicians is also used by attorney’s who do workers compensation claims.
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Hoppy
Several veterans have been asking how to get reports supporting their claim from VA doctors. If the VA has not scheduled C&P’s or if the C&P’s are inadequate then the option of using VA doctors as an alternative is possible. I know several veterans who have obtained such assistance and very favorable reports for their claim since the beginning of this year.
It appears that VAMC doctors do not always feel obligated to assist with claims. On the other hand some doctor’s are providing these reports. I am not sure how to compel a doctor to write a report if they do not want to get involved. Also, consider that if you ask a doctor who does not want to get involved he could take the easy way out and shoot down your claim. I tried to involve a doctor who did not want to get involved and he made up an argument that I was miss-diagnosed by military doctors and that my condition of chronic edema due to allergies was an acute non chronic disease caused by the drinking water. I had to argue to the RO that an unverifiable change of diagnosis of a condition diagnosed 25 years earlier by military doctors was in violation of existing case law.
Changing the diagnosis of military doctors can be done if there is evidence in the SMR that the military doctor miss-diagnosed the condition. A rating specialist who had worked for the VA for 20 years told the veteran to seek an opinion from VA treating physicians to override the reports of examining physicians who made a diagnosis while in the military.
The case involved an original diagnosis of a personality disorder that was re-diagnosed by treating physicians at a VAMC 30 years after discharge. The basis of the re-diagnosis was that the VAMC treating doctors where of the opinion that a ½ hour interview by an examining physician was inadequate to diagnosis a personality disorder. To show that the report was superficial and inconclusive it was noted that the military’s examining doctors asked numerous questions to identify the source of the enlisted man’s anxiety. The enlisted man only identified that he could not tolerate living in a barracks. The military psychiatrist did not ask the enlisted man why the barracks was causing such anxiety that he would need a discharge. The answer to this question although not necessary for the military doctor to recommend a discharge would be required to make an accurate diagnosis of the enlisted mans condition. This is especially important because the veteran was claiming that he was almost killed in an aggravated assault that occurred while he was sleeping in the barracks.
The VAMC wrote an opinion that the military doctor’s exam was superficial and inconclusive. A re-evaluation of the SMR as a whole resulted in a change of diagnosis by the VAMC’s treating doctors. The VAMC treating doctor’s diagnosis prevailed and the veteran was service connected. The use of treating doctors to override examining physicians is also used by attorney’s who do workers compensation claims.
Hoppy
100% for Angioedema with secondary conditions.
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