tdiu Gen'l Medical Examination

[babyray]

I filed a claim for TDIU in Nov/09. 2 weeks ago I had a C&P called General Medical Examination given by a nurse practitioner. From her workpapers she asked numerous questions. Some qusetions were incorrectly noted on the progress notes. Should I correct them and make a copy and give it to the VARO to put in my c-file? The other 2 C&P's and my IMO were in my favor.

Should I bother with this C&P since I have 3 positive opinion for my TDIU claim?

babyray

[jerrbilly]

You can't correct them but you may put in a request for correction in your medical file. This is a process though and takes time. If the exam is recent contact your examiner and let them know. Maybe they can correct it so you don't have to go through the beaurocratic hoopla.

Her opinion isn't correctable even if you disagree unless the examiner based it on errors.

If you can let us know what was erred we can help more.

Jerr

I filed a claim for TDIU in Nov/09. 2 weeks ago I had a C&P called General Medical Examination given by a nurse practitioner. From her workpapers she asked numerous questions. Some qusetions were incorrectly noted on the progress notes. Should I correct them and make a copy and give it to the VARO to put in my c-file? The other 2 C&P's and my IMO were in my favor.

Should I bother with this C&P since I have 3 positive opinion for my TDIU claim?

babyray

Edited December 29, 2009 by jerrbilly

[john999]

Babyray

Did you get a copy of the nurse C&P exam. You need that exam copy to determine how she came down on your claim. Was she doing the exam to determine if you were TDIU. I never had an exam for TDIU. I got a 70% rating and requested TDIU. I sent in letters from two doctors saying I could not work due to SC condition.

[babyray]

Babyray

Did you get a copy of the nurse C&P exam. You need that exam copy to determine how she came down on your claim. Was she doing the exam to determine if you were TDIU. I never had an exam for TDIU. I got a 70% rating and requested TDIU. I sent in letters from two doctors saying I could not work due to SC condition.

I got a copy of her C&P exam. Her opinion was that I am employable and should be able to find work even if it's sedentary work.

[jerrbilly]

What in the exam did you consider errors? Was it factual stuff or opinionated? Did she base her opinion that you're employable on these errors?

Just trying to see your situation here.

Jerr

byray

Did you get a copy of the nurse C&P exam. You need that exam copy to determine how she came down on your claim. Was she doing the exam to determine if you were TDIU. I never had an exam for TDIU. I got a 70% rating and requested TDIU. I sent in letters from two doctors saying I could not work due to SC condition.

I got a copy of her C&P exam. Her opinion was that I am employable and should be able to find work even if it's sedentary work.

Edited December 29, 2009 by jerrbilly

[john999]

You can't change her opinion , but you can overwhelm it. You might want to just wait for the rating. You have two VA opinions and an IME to support TDIU against one to deny TDIU. I don't know what else you can do except get another IME to trump that nurse's opinion. Are you on SSD? Have you been rejected by Vocational Rehabilitation at the VA? Both those are good evidence of TDIU.

[Berta]

Did your IMO doc follow the IMO criteria here?

A real doctor -giving a full medical rationale-trumps a VA nurse.

Did the other 2 VA opinions really stress that you were unemployable directly due to service?