Does Anybody Recall A Regulation Or Court Decision?

[jlshand]

Thought I had seen somewhere in my research that the VARO's are supposed to give precedence to Independent medical Opinions over VA employed MD's

Might have been in a BVA decision or even someone on this board.

Does anybody recall seeing something to this effect?

[jlshand]

To Vicki and Berta

I don't know how to insert so i will have to just give you the reference information Citation # 0413747 of the BVA dated 05/28/04

hope it helps

[vaf]

http://www.va.gov/vetapp04/files2/0413747.txt

But there's no discussion of the VA doc's or the veteran's private doc's credentials in that decision.

The good thing about Sklar is that the comparison is clearly discussed and obviously impacted the Court's decision.

I'm also looking at Irby v. Brown, Court of Veterans Appeals, 1994. An osteo doc examined a veteran for PTSD in that one.

[Angela]

But what if the most contemporous exam by a specialist was didn't go by the VA's script for rating the condition?

[Berta]

Angela- read Allan Opie's Post under Qualifications for C & P Mental Examiners-

I would think that the VA must comply with the same criteria for exams regarding Physical disabilties-too-

The blank C & P itself: all are here :

http://www.vba.va.gov/bln/21/Benefits/exams/index.htm

shows what the doc should do-

I have sent Blank C & Ps to vets to take to the C& P exam with them- why not-

this way the vet can assess the blank exam and, while they are with the doctor, make sure that the issues the doc records are clearly reflective of the extent of disability as well as more than likely- or as likely as not- related to service.

And if the doctor is making that type of statement- they should have in their presence- the veteran's records-

Some C & Ps do not require the complete c file etc- but many do.

While at the C & P doctor's office they can make sure the C & P results reflect what they need for their claim.

There is no reason to feel intimidated by a VA doctor- you have all paid them well.

I had a vet who had DMII and other complications- they did not perform the proper C & Ps for the complications. He brought the blank C & Ps to the VA, raised hell, and got the proper exams and ratings.

Otherwise they wanted him to take 40% and go away-but they owe him 100%.