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What Do You Do When Your C&p Is

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jecsb4

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My topic is What you should do when your C&P is only 7 minutes long.

I really can’t make this stuff up – but even after reading all of the horror stories on Hadit, I am still shocked!

Background:

Requested increase for SC migraines and Dep. Both C&P’s were farmed out to QTC Med Service. The depression one by a Phd seemed to go ok. He even had copies of my file in a pile of sheets that looked liked they were never reviewed. She didn’t know what Operation Enduring Freedom meant, nor the difference between reserve and regular active duty and mobilization or what PV1 is compared to an E3 or O1.

I guess that doesn’t matter. I am sensitive to these contracted exams because I have had a prior bad experience, but I was able to fight and overcome their so call diagnosis.

THE REAL ISSUE:

I had a C&P for the SC migraines with a QTS Dr. First this guy was not a neurologist, didn’t seem to have any of my records, and it lasted 7 minutes or so.

When I asked to show my migraine dairy he said the VA didn’t ask for it!!!

I had a hard time understanding this guy and he never once touched me in any type of exam fashion.

So I really don’t know how this could go!

In the mean time I have worked on paying for an IMO for migraines. I am SC 30% for both based on OEF 3 and 5.

I have also requested a Freedom of Info request, and will write a VCAA response to the VARO inquiries. My initial C&P were from back in 05, awarded in 07 but a lot has changed for the worse since 051

I guess I am waiting to see the results, in the mean time; I am trying to get IMO, etc.

What would you all do? Especially since the VA can decide your case in 30 days

? However, I have heard that the QTS has 60 days before they are required to submit their results.

Thanks for your help in this “thing of ours”.

jc

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  • HadIt.com Elder

jecsb4 - First, I'd write down everything that happened during the C&P exam, while it's fresh in your mind. Next, I'd request a copy of the C&P exam report. Once the report is received, I'd post that info here and ask again. Ya never know what it will say. From what I've seen they often go w/the previous report, rarely changing anything. I'd wait until you receive that report before doing anything further, except, as I said, making notes while fresh in your mind. jmo

pr

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When I got the actual C & P the VA did in Nov on my claim-(I put off getting it right away- dont do that everyone)

I immediately attacked it line by line referring the VARO to each error in it.

I also reminded VA I am competent lay person (due to my past claims)and I faxed my rebuttal to the BVA as the AMC had sent my claim back there within hours after receipt of this rebuttal -and maybe even before it got into the C file-WATCH them for this kind of crap!!!!

but I still had time left on the 60 days-

I reminded BVA my response time was not up yet-

I again listed the past legal errors that stand in the past SOCs and SSOCS - for CAVC purposes (BVA doesnt like to hear stuff like that as it sets the CAVC remand up in advance :unsure:

and then I knocked down the C & P

line by line medically.

Last night I pulled out pages of my 6 years of phone, fax and email Log for this claim.

Dont trust the AMC or any RO to send the BVA any rebuttal you make-

fax it to the BVA.

I also added additional medical evidence as well to the rebuttal on April 13th,2009 regarding additional evidence I found in the autopsy report,

which was really not even needed,

BVA made the decision to award on April 29th 2009.

I get impression you are still at RO level-

if you disagree with the C & P and it obviously isnt gping to help you-

respond to it by attacking it with common sense as well as medical evidence. USe the internet if you have to- and the clinical record.

Two C & P "experts" I had did not even know how to figure out military time in the old blood Chemistry records and skillfully ignored the real evidence for SC.

My first submission of evidence in 2003 with the actual claim was based on entry of a 1992 medical symbol in the recs that MediLexicon revealed meant past history of DMII.

The Symbol I asked here if anyone knew what it meant -it was arrow to left then DVD.

The VA doc said I had misinterpreted it and it meant veteran "Denies Venereal Disease") this is not a DVD medical term-

what a hoot -he Never denied VD in Vietnam and it was in all of his records since he first went to VA-

that was a C & P on the first and only piece of my evidence they VA ever read until last month.

After years of significant medical evidence I sent to include 3 IMOs- the BVA agreed with me in the recent decision on this symbol.

My long point here is

Rebutt anything in a C & P exam that is wrong.

Dont hold back on this.

And then send it in and make copy to send to the C & P doc too if you want- I sure did-

took his ludicrous opinion and I wrote big red checks marks all over it with copy to him of my BVA rebuttal.

I also stated to BVA- for ten years I have shown more expertise in cardiology than any VA doc-and my medical statements should be considered as well as my concurring IMos.

If you dont rebutt it- the VA considers you have accepted it-

whatever it is

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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  • HadIt.com Elder

You actually need to get a copy of this exam. Once you read it you should know what you have to do. There is no 30 day thing about rating a claim after a C and P exam.

This is an interesting topic. Here are soem tips fop a C and P exam.

1. Study the exam on the Exam listings. Know what your issues are. If the exam is not done acccording to the exam format, Then note what is different.

2. Dont ever under any circumstances go into a C and P exam with an attitude. Always treat the examiner with respect and be nice. You will have better results.

3. It usually doesnt matter about the time it takes during an exam. A good Doc already knows your treatment history with the record and they do read them in advance.

4. You should already have a copy of the C file. Know what is in it. Something pertanient could be missing. If it is, It can reflect a bad outcome.

5: Most important, do your homework.

I hope the exam notes will give you a better outlook.

J

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

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You actually need to get a copy of this exam. Once you read it you should know what you have to do. There is no 30 day thing about rating a claim after a C and P exam.

This is an interesting topic. Here are soem tips fop a C and P exam.

1. Study the exam on the Exam listings. Know what your issues are. If the exam is not done acccording to the exam format, Then note what is different.

2. Dont ever under any circumstances go into a C and P exam with an attitude. Always treat the examiner with respect and be nice. You will have better results.

3. It usually doesnt matter about the time it takes during an exam. A good Doc already knows your treatment history with the record and they do read them in advance.

4. You should already have a copy of the C file. Know what is in it. Something pertanient could be missing. If it is, It can reflect a bad outcome.

5: Most important, do your homework.

I hope the exam notes will give you a better outlook.

J

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  • HadIt.com Elder

Take a look at my website. In it I mention about C&P exams and also about appeals and how to start writing it. I give steps to write a claim. All of it might help you understand what you are looking at as well as how to address your response back to the VA.

Berta is VERY right as all the others are. You need to get a copy of the C&Ps and go over with a fine tooth comb. My hubby's had so many discrepancies that I took the sentence from the C&P and then piled all the medical evidence for that sentence refuting it THAT the DR had in his files on his desk that the VA gave him for reference. He didn't even look.

Pick the C&P apart and put your documentation right there with it. I mentioned "previously submitted" when I knew the VA had it and "new evidence" when it was new.

Good luck and good journey

fanaticbooks

http://www.howtoassemblevaclaims.com/index.html

www.howtoassemblevaclaims.com

A free guide for researching, organizing and assembling a va claim. Now upgraded to include suggestions for VONAPP and Social Security Disability.

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