C&p Exam

[william n]

At my recent Exam the PA notes state "cannot determine without speculation" throughout his exam notes, other than range of motion/pain level findings which he did note. They are very favorable. My question is,?... What will the rater do with these findings about "speculation"????

Thanks all, William

[jbasser]

Speculation is a dangerous word.It can cast a doubt on a claim. It can be interpeted by the RO as a strong negative.

The VARO asks the C@P Docs for a spacific opinion. using the word speculation is usually a cop out because the Doc is too insecure to render an opinion so he uses this word.

In this case the examiner was a NP and not a DOC.

It is just like this Mr Vereran has an issue that I guess is related to service, However I am only guessing about his condition as I am too insecure and afraid to offer a definate opinion.

Be aware of this exam and get an IMO from a copetent MD asap. ) I state (MD) here.

J

Edited September 11, 2008 by jbasser

[carlie]

At my recent Exam the PA notes state "cannot determine without speculation" throughout his exam notes, other than range of motion/pain level findings which he did note. They are very favorable. My question is,?... What will the rater do with these findings about "speculation"????

Thanks all, William

William,

If there is clear cut Medical Evidence that supports the disability then that should be used to

rebut the examiner's statement on speculation.

Example:

SMR's show reports where the veteran was taken to a medical clinic three times for witnessed

seizure's on active duty, kept once overnight for observation and placed on Dilantin an anti-convulsant drug.

Examiner is not aware of this.

In C&P examiner states, "Veteran reports they had three seizures on active

duty." I cannnot determine if veteran's seizures are related to their military

service without resorting to speculation.

The rebuttal is there in the above mentioned Medical Evidence. With this evidence

to support the disability - there is no longer any room for room for speculation.

The disability is backed up by the SMR's.

jmho,

carlie

[john999]

William

This is what happens when you have a PA doing a C&P exam. When they use the word "speculation" that is trouble for your claim. That means they don't know or are not willing to make a nexus statement. That is CYA. Always better to set a vet up for a denial because it is so much safer.

[william n]

Carlie & John,,thanks for your feedback. I assumed this, but i needed to hear it, from those who have gone before me. The SMR's speak for themselves, and i know he didnt spend alot, if any time reviewing them. Im getting my ducks in a row as i expect too hear from them by the end of the month. I've been preparing my NOD since 6 days after my exam and receipt of the report. Not all bad. Some is very favorable.

I think they are afraid of supporting the claims process as i believe they were instructed too, by a higher authority. Its a shame!!!(or sham) My boxing gloves will not come off, till i deliver the Knockout. Peace, William B)

[Ricky]

William speculation will get you nowhere. Please follow the below advice a get an IMO if you can. Then you can use the IMO to rebutt the C&P exam and as positive evidence to support your claim.