Ultimately Whose Responsible To Order Another?

[halos2]

For some who may not be aware of my confusing/trying/discouraging VA situation here is a quick synapse:

I had a medical C&P done years ago...it was so prevalent not related to me, my condition, my disabilities, nor addressing my impairments.

SO I NOD'd, waited, asked for a new C&P...

was declared deceased, proved I am alive, asked what's going on with my NOD process and asked about a new C&P exam...

then got info VA wanted to sever...

requested personal hearing...

waited 7 mths, then got appointment, presented all valid info and asked for a new C&P medical related to the inacurate previous one years earlier... presented evidence C&P examiner discharged from ever doing C&P exams there too...

waited 7 mths and got half ass transcript(left out info I from faulty C&P exam including examiner's name and dondescriptive evaluation)...

so I waited...

months later medical condition still denied, but BH was increased as error was made to sever and initial granting was lower than documentation evidence presented.

So I asked for a new C&P medical exam...

Waited, waited...I did go to my VSO and PT Advocate and VP at VAMC all these years too with no avail...pass the buck...

Not me, I don't ask for it..VSO says, not us says VARO, you get VSO to ask us, continually back and forth I have my head spinning going nowhere...claim went to BVA last year...

So today I talked to pt advocate today again and "she said let me get someone to call you back"...

2 hrs later the Director of the C&P exams at my VAMC phoned me, we talked for 53 minutes this person was wonderful. Then gave me another person to call, and if this person cannot help me with getting a new C&P orderd I am to call this Director back and they will personally call the VARO to get one set up! Not only that, this person will personally get me one of the best examiners at this VAMC to do the exam or else this director will do the exam! What a difference from all the others, plus during our conversation we spoke about the branch of service common, and then I was thanked for my service to the U.S. and for offering so much to our nation.

WOW I was in awe! What a great person...and listening to me, my problems, and helping me to work towards a REAL solution.

Has anyone else had a head huncho call them to try and help them? Has anyone else had success dealing with the "Directors?" :D

[ruby]

From what I understand it is the director of the C&P's that assigns who does your exam. It's The VARO that has to request the faulty exam to be redone. It's in the M21.

[Pete53]

If you got a faulty C&P its up to you to get the VARO to order another one.

[Jayg]

Spend a couple or three very hard years trying to overcome it. ;)

[Hoppy]

Halos,

Another member of the board told me recently that there is a provision in the VHA benefits that the director of a VAMC can schedule a C&P exam. This was news to me and I may check into this if necessary for a veteran who I am helping.

[Wings]

Halos,

Another member of the board told me recently that there is a provision in the VHA benefits that the director of a VAMC can schedule a C&P exam. This was news to me and I may check into this if necessary for a veteran who I am helping.

x

x

x

Hoppy, I am still trying to locate that reference to VHA's authority (to conduct C&P Exams) under 38 CFR Chapter 17.

In the meantime, see Expedite/Homeless Veterans/Circular

http://www.nlada.org/Training/Train_Civil/...unders_handout1

see also, google search term "VA Form 21-2507a"

Edited May 30, 2009 by Wings