Sick & Tired Of Va Second Guessing Imo's

[Rockhound]

I always thought if their was sufficient evidence of record, IMO's, private medical records, etc. to prove onset in service or within the time limit after service, a current diagnosis, and a quantifiable nexus statement, then a C&P exam isn't necessary.

It seems the VARO is using its porogitive, or right, in deciding if a C&P exam is necessary in way to many claims. That they are then using these exams, which tend to be most unfavorable to a Veterans claim, to then use them to deny an otherwise legitimate claim, causing the Veteran to spend countless time and effort in appeals, remands, and even as much as taking their claims all the way to the courts, only to spend more time in directed remands and the likes.

If an IMO is insufficient for rating purposes, then why doesn't the VARO return their reports for the necessary requirements, instead of sending the Veteran to a C&P exam that has to start from page one, when most of the information necessary for the Veterans claim has already been done or covered in the IMO?

If I wasn't already slightly right of paranoid, I would be thinking conspericy or at the very least, colution with the C&P Examiners to give directed opinion in such a manner unfavorable to Veterans.

It's kind of like the chicken house being guarded by the Fox.

It just doesn't make sense any other way. It is quite apparent to me at least that many C&P exams are less than addequate for rating purposes, even to go as far as to not provide the Veteran with necessary tests, exams, specialist reviews and other requirements for a proper opinion, relying more on their own views and what little they deam probative from existing records, non of which comes from sources not controled in some way, shape, or fashion by the VA claims process.

Something stinks and the smell isn't hard to notice from which direction it is coming from.

Rockhound Rider :P :( :P :P :o :o

Edited November 13, 2008 by Rockhound

[john999]

What I know is that if the VA schedules you for a C&P exam and you refuse it you can usually kiss your claim goodbye. Even if you have good evidence they will deny your claim. It happened to a good friend of mine. We both had IMO's from the same doctor. I did a C&P and he refused based on his evidence in the record. I got approved for TDIU and he was denied. He then went for a C&P and got TDIU. The evidence was the same except for the C&P. If you don't play ball you get the shaft.

[yoggie2]

Chuck75, BAMM! you hit right square on the head and thoroughly. RO's use C&P's with less qualified people to disqualify Doctors, Specialist and IMO's and in some cases I have seen them (RO's) ignoir there own C&P to form a denial "the other way around denial". To put you back into the pool of people........

[yoggie2]

If there is sufficient evidence of record, medical records that show treatment / diagnosis during service, and qualified IMO provides a nexus that the current disability is related to service, then a VA exam may not be warranted. However, the C&P is strictly structured to comform with the rating schedule. If the person providing the opinion is qualified and provides enough information--the claim can be evaluated without a VA exam. However, this is rare. Therefore, even when a case can be completed based on an IMO, raters are so accustomed to requesting exams that they may not know it.

I my self had 2 follow up rating decisions one in 96 and another in 98 and I never even knew about it till I received my C-File? and both were to keep me at the same rating, I was never scheduled for any C&P's...But buddy they are sure pushing them NOW when ever your number is called....Yes sir "Change" is a comin, if you don't go to that C&P they (RO) will change your ass to 0%.

[Rockhound]

I'm not trying to argure the point on Veterans who are scaming the system, nor in the instance that was mentioned earlier in this post, but don't automatically judge a person who is seen one moment walking as you please and the next time he is in a wheelchair, that he is pulling a scam on anyone. I can walk around without out both the aid of my Canadian crutch and the use of my Electric Wheelchair, but I need both non the less.

I hate having to use their assistance, but to do otherwise subjects me to considerable amount of pain. Each and everytime I put weight on my legs, I grind away at what cartiledge that is left in them and it is like walking on glass at times, but I do it or run the risk of blood clots, muscles withering away, loss of bone density, and a few other problems, not to mention that walking around or any kind of such activity caused my blood saturations to drop, my blood pressure and pulse to rise to dangerous levels, and the pain alone can even trigger migraine level head aches.

But like I say, If you do not know me and my full medical history, their might be a time you see me in my yard walking about, abet a bit slowly, then the next you might see me sitting in the sun in the morning in my electric wheel chair waiting for my ride into town or riding my electric scooter down to the local 7-11 store.

Another point I wish to make, is that when you go into a C&P exam, it is always advisable, without attempting to exagerate, to emulate your courrent worst days or symptoms, in otherwords, if you spend more time in a wheel chair, don't walk into your exam, if you don't normally bath or take care of your hygene, then don't go in all wash up spick and span, or if you tend not to ware clean clothes on a daily basis, don't do in with your clothes washed and ironed, and above all, if your being treated for depression, don't go in with a sunny, happy disposition like everything is OK. Pride goeth before a fall and if you mask what is truly going on with you and your disabilities or problems, then you are going to loose everytime. I know first hand and this type of pride is very hard to get around when you are alone and what to live and be treated just like every other regular person out their who can work, can drive his self around, who doesn't have to struggle every day, just to get out of bed. and especially one who can pick up and do or go someplace without having to consider his limitation, availability to transportation, living arrangements when you get their, and many other number of things that a normal healthy person doesn't have to have the same consideration of.

Sorry, even though I am glad about some things today, I'm still as sinicle, paranoid, depressed as I have always been and will probably be the rest of my life. So I rant and rave on things that may not seem very important to someone else, but they have some meaning to me. It's the way my thoughts work now and I can't help or do anything about it.

Rockhound Rider :o

[Teac]

I'm not trying to argure the point on Veterans who are scaming the system, nor in the instance that was mentioned earlier in this post, but don't automatically judge a person who is seen one moment walking as you please and the next time he is in a wheelchair, that he is pulling a scam on anyone. I can walk around without out both the aid of my Canadian crutch and the use of my Electric Wheelchair, but I need both non the less.

Rockhound Rider

Your point is well taken, and I in fact normally say the same thing. In the case I cited, you can be sure this veteran was a scam artist or I would not have mentioned it. I don't know of any people that use a wheel chair( even if it is on a part time basis) that can run to and from a car because they don't want to get wet in the rain......

[Rockhound]

I can waddle like a duck, LoL But I can't run nor flap my wings like a duck. My last experience with water was in one of our city parks by a river. For no other than a stupid reason, they turned on the sprinkler or at least their automatic timers did, in the middle of the day when they shouldn't have and before I could get my chair moving and out of the spray zone, I was as wet as the underside of a duck. It probably look funny to someone watching me, but I wasn't laughing, I could has shorted my chair out with that spray coming up from underneath my chair where the electronics and battery turminals are not that well protected, since the manufacturer figures that the water would be coming from the other direction and going through small puddles wouldn't be a problem either.

Oh yea! If I get hungry enough, I might go down to the park and trap my a duck or two, but otherwise I guess there all safe for now.

Rockhound Rider :D B) B)