Attitude Of Rating Officers

[carlie]

I've come across a C& P requset where a VA rater states,

" maybe a psychogenic component involved. "

What the heck is this rater saying ?

Is what this rater stating considered a medical opinion ??

In my opinion this is something the rater SHOULD NOT BE STATING as the rater is probably not an MD.

§4.23 Attitude of rating officers.

It is to be remembered that the majority of applicants are disabled persons who are seeking benefits of law to which they believe themselves entitled. In the exercise of his or her functions, rating officers must not allow their personal feelings to intrude; an antagonistic, critical, or even abusive attitude on the part of a claimant should not in any instance influence the officers in the handling of the case. Fairness and courtesy must at all times be shown to applicants by all employees whose duties bring them in contact, directly or indirectly, with the Department’s claimants.

Is anyone else out there reading stuff like this ?

M-21 is pretty specific about what raters are and ARE NOT supposed to put in writing.

carlie

[10thFO]

Carlie,

I found this on WebMD.

A person with a psychogenic pain disorder will complain of pain that does not match his or her symptoms.

Might want to check the symptoms the person is complaining of? Anyway that's what I found on it. Is the person by chance filing for back problems? or headaches?

[Guest Jim S.]

I can see a Dr., Psychologist, and/or Psychiatrist making this type of statement, but not that of a VA rater, who is supposed to refrain from making any unsupported medical opinions of his own. He could refer to the statement in his reason and basis, so long as the Medical experts listed above, had made the observation and it was part of his/her written report of his/her findings.

Fighting this type of error is something I have tried to show in my shelved CUE claim, I hope I will not need to use it, but my claim for reconsideration's outcome will be the desiding vote as to whether I submit my CUE claim or not.

Jim S.

[Guest Morgan]

Is anyone else out there reading stuff like this ?

M-21 is pretty specific about what raters are and ARE NOT supposed to put in writing.

carlie

Yes, Carlie, I am reading things like this, too, and I included a quote from the M21-1 in my husband's last claim. They completely ignore it, and then did more of the same thing. I feel as if I'm beating the air! No matter how much I quote the CFR and substantive M21-1 statements, the VA totally ignores it. I never thought they could walk over so much law and regulations supporting my husband's claims, but they did...and denyed all of the 9 claims. They know most veterans are too sick, disabled, or near death to do anything about it.

[pearl]

Carlie, It sounds like they are making a diagnosis which they are not capable of doing. As some of the others have posted it is not unsual for the VA to ignore evidence that substantiates a claim and add stuff that would help them to deny one.

Pearl