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Decision Maker's Instructions To Examiner

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carlie

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carlie Grand Master

carlie

Posted
Posted

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.

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  • HadIt.com Elder
Pete53 Grand Master

Pete53

Posted
  • HadIt.com Elder
Posted

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.

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Philip Rogers Grand Master

Philip Rogers

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  • HadIt.com Elder
Posted

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)?

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Berta

Berta

Posted
Posted

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.

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