carlie Posted February 24, 2009 Share Posted February 24, 2009 A few years ago while looking through my c-file, I noticed a request for a C&P from a VA decision maker. This instruction for the C&P has always been in the back of my mind and bothered me, just didn't seem right. The instruction stated something to the effect of, "There maybe some psycogenic component to veterans claim of XXX". Today I was reading through some 2008 Court Opinions and came across this. Let me know what you think if this would be applicable to my claim in question. Thanks, carlie http://www.vetapp.uscourts.gov/documents/R...fing.issued.pdf 3. Whether the instructions to the VA examiner who conducted the November 2004 examination upon which a VA regional office and the Board relied to conclude that Mr. Roberts did not suffer from PTSD were impermissibly suggestive, or otherwise prevented the examiner from evaluating "all accumulated evidence" as required by 38 C.F.R. § 3.105(d)? Carlie passed away in November 2015 she is missed. Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted February 24, 2009 HadIt.com Elder Share Posted February 24, 2009 My first C&P had nothing to do with my diagnosed condition nor what was requested. It was an 80 year old demented Doc who just did whatever he damned well pleased. The VA system of Medicine on the cheap has a lot to do with the problem of missed diagnosis and poor C&P's. It is a mystery to me why the VARO does not rely on the Medical Doctors employed at VA and treating Veterans. Sorry if I went off point. Veterans deserve real choice for their health care. Link to comment Share on other sites More sharing options...
HadIt.com Elder Philip Rogers Posted February 24, 2009 HadIt.com Elder Share Posted February 24, 2009 Carlie, sorry I don't have time to read it, right now, but the VA routinely directs examiners where they want them to go. You might could get that changed, tho it could take some time. jmo pr A few years ago while looking through my c-file, I noticed a request for a C&P from a VA decision maker. This instruction for the C&P has always been in the back of my mind and bothered me, just didn't seem right. The instruction stated something to the effect of, "There maybe some psycogenic component to veterans claim of XXX". Today I was reading through some 2008 Court Opinions and came across this. Let me know what you think if this would be applicable to my claim in question. Thanks, carlie http://www.vetapp.uscourts.gov/documents/R...fing.issued.pdf 3. Whether the instructions to the VA examiner who conducted the November 2004 examination upon which a VA regional office and the Board relied to conclude that Mr. Roberts did not suffer from PTSD were impermissibly suggestive, or otherwise prevented the examiner from evaluating "all accumulated evidence" as required by 38 C.F.R. § 3.105(d)? Link to comment Share on other sites More sharing options...
Berta Posted February 24, 2009 Share Posted February 24, 2009 Interesting- is this from the Keith Roberts decision? Keith Roberts is still in Federal prison as far as I know for "mail fraud" due to his receipt of disability comp checks electronically sent to him (I guess they mean by direct deposit) that VA determined he did not deserve. Long long story- apparently there was conflict over verification of his stressors as he reported them to the VA. I think that the VA meant psychogenic component in your statement Carlie- that there could be a psychological component to your claim as well as I assume a physical component. In Roberts situation there was definitely a psychogenic component because that was the PTSD he claimed was due to his service. I know one of Robert's lawyers-he might have put that part you mentioned in his brief. GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
Question
carlie
A few years ago while looking through my c-file, I noticed
a request for a C&P from a VA decision maker.
This instruction for the C&P has always been in the back of my mind
and bothered me, just didn't seem right.
The instruction stated something to the effect of,
"There maybe some psycogenic component to veterans claim of XXX".
Today I was reading through some 2008 Court Opinions and came across
this. Let me know what you think if this would be applicable to my
claim in question.
Thanks,
carlie
http://www.vetapp.uscourts.gov/documents/R...fing.issued.pdf
3. Whether the instructions to the VA examiner
who conducted the November 2004 examination
upon which a VA regional office and the Board
relied to conclude that Mr. Roberts did not suffer from PTSD were
impermissibly suggestive, or otherwise prevented the examiner from
evaluating "all accumulated evidence" as required by 38 C.F.R. § 3.105(d)?
Carlie passed away in November 2015 she is missed.
Link to comment
Share on other sites
Top Posters For This Question
1
1
1
1
Popular Days
Feb 24
4
Top Posters For This Question
Pete53 1 post
carlie 1 post
Berta 1 post
Philip Rogers 1 post
Popular Days
Feb 24 2009
4 posts
3 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now