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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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vetwife

Please Help - C&p Conflict

Question

I need to know if there is anything we can do?

My husband has numerous claims in. He is currenly only s/c for 1 of those conditions which took 3 yrs & finally being sent for C&P with a specialist to get.

He had several C&P's with a certain NP. They are always very bad (basically all said there is nothing wrong with him & it is all just his subjective complaints) all C&P with this NP have resulted in denials of his claims.

His last time it was ridiculous. It was grossly inaccurate - she did not have the c-file & the report looked like she mixed up records with another persons file - as it was so inaccurate & contradictory.

We sent a letter to the RO asking to have a new C&P by a DR & to have the NP's C&P removed. We stated all the easily verifiable inaccuracies.

Our request was completely iggnored, not ever addressed. He got his usual denial for that C&P as well & they used her C&P for the determination.

This letter is sure to be in his C-file & names the NP by name & how incompetent the exam & report were.

WELL.... RO is sending him back to the SAME NP for his 1 s/c condition for a "re-evaluation". This is his 1 s/c condition that was very hard to get to a speciallist & finally get the rating. It is only 30% - but now we are very worried she will have it taken away out of revenge. She is sure to see the letter about her in his file. I am wondering if they are sending him back to her on purpose.

My husband has called the 800#, sent 2 IRIS's and called the VAMC's c&p coordinator to try to get a new Dr. They have all told him the same thing - he can go or not go - but he is not getting a different C&P examiner. He will go anywhere - just doesn't want this NP.

Please any ideas on what we can do?

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Normally I do not advocate getting a Veteran's Service Organization involved. I've only had luck with one VSO (the VVA) and only one Service Officer/Attorney from them and we lost him not long ago.

Having said that, I would suggest that you find out who/which Service Organizations share office space with your nearest VA Regional Office.

Get them, whoever you choose to represent you involved. You will need to make a stop at the RO and talk with these people.

I can't recommend one organization (DAV, VVA, AL, etc.) above another. I belong (am a lifetime member of the Jewish War Veterans and, if they have an office either in the RO or in the VA Medical Center near you, they will be glad to help (I didn't join the JWV until after the fact)).

You've got a situation that you need help getting out of, othewise I'd say take care of it yourself.

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If your Congress Critter is Vet friendly maybe a chance to give that a try. Its outrageous that they would even think about sending you back to the idiot who messed up the claim in the first place.

Good Luck

I also agree with Larry's Post

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The VARO does not request that a particular practitioner perform a C&P exam. All the VARO does is send a request to the VAMC. The C&P department there is the one who assigns the examiner. Call the VAMC and ask to speak to the C&P department there. VERY politely tell them that you are not comfortable with this NP giving your husband another C&P, as you guys have had such a hard time in the past, and ask (pretty, pretty please) if they can assign a different examiner to perform your C&P. They may be very accomodating, or they may laugh at you, but you won't know until you ask them. If they say no, then speak to the patient advocate.

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He did call the C&P office - They cannot change him, they only have 1 C&P examiner & she is a NP. At his request, they called the RO to see about sending him to a different VAMC - the RO said NO.

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Like Rentaldude said:

If they say no, then speak to the patient advocate.

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