C & P Med Exam Not By Dr. But Nurse Practitioner

[halos2]

Have any other vets had their medical C & P exams done by nurse practitioners versus Dr.? Mine was and there were so many errors and descripencies in the exam..she lied and I called her up 2x and she said "she didn't write that and they must have gotten records mixed up" yeah sure than why didn't she correct them!

Turned her into pt advocate and found out she was fired from doing C & P exams but moved to an undisclosed area of the hosp to work. FOIA officer said it took her 3 days to find the nurse pract in the hosp and she said "it was in 2005 I don't remember!"

SO I sit and wait for my dear BVA to proceed.

2 medical physician IMO's done but they believe the va's nurse pract. Funny how they did not have all the information I told in my personal hearing about her and the faulty exam on my trancripts! Anything I said about the va exams, providers, etc. were not on the transcript at all.

Have any others had similiar experiences they are fighting with because of non Dr exams? There is so much more I could write but I would like to hear if others have had this occur to them, and their advice or actions that may have helped them in their battle. :P

[MRRRR5]

Carlie, I believe Teac is correct based on the the 2nd Edition by John Roche, which he quotes that it is required by "federal law" that a physician (doctor) performs C&Ps.

He further states that although the VA commonly violates this requirement, it is grounds for an appeal based on a flawed C&P.

[carlie]

Doesn't matter to me who believes what - Regs and Laws are all I have to go by.

Perhaps others will come in with their thoughts.

My thoughts remain:

Raters order C&P's - not claimants.

Raters decide what qualifications are required of a C&P Examiner - not claimants.

As I posted before, there are only a few areas that require Examiner's to be any type of Specialist,

some are Audiology, Neurologist, Mental Health etc...

A NP or PA is allowed to do other C&P Examinations --- a Doc is not required to do most

Examinations -- they only have to sign off on them.

If anyone can find a Rule - Reg - Rating Decision - BVA Case or Court Case

to substantiate a different opinion I would be interested in reading it.

A C&P Examiner provides no medical treatment - just an Examination for Comp & Pension Purposes.

jmho,

carlie

Edited July 12, 2008 by carlie
sp

[MRRRR5]

Carlie,

you make a great point that I failed to consider; doctors actually signing off on the C&P exam. :P

[carlie]

Teac,

Remember -- a C&P Examiner is not there to treat any of your medical problems be it physical or mental.

jmho,

carlie

[Teac]

Teac,

Remember -- a C&P Examiner is not there to treat any of your medical problems be it physical or mental.

jmho,

carlie

You are correct, they do not treat, but by law you still have the legal right to refuse an examination by someone who you do not want to examine you. I have done it twice, and when you request a doctor they must comply.

[carlie]

You are correct, they do not treat, but by law you still have the legal right to refuse an examination by someone who you do not want to examine you. I have done it twice, and when you request a doctor they must comply.

Please post ANY RULR OR REG to substantiate this as I myself would most certainly prefer

to have a LICENSED DOCTOR CONDUCT ALL OF MY C&P Examinations. This could be of great

help to me and MILLIONs of Claimants, so I await your response.

carlie