C&p Next Week, Help Please

[jlshand]

Got two c&p's next week. Can someone remind me what info the examiner is supposed to have on hand?

Thanks

[Bound4heaven]

Got two c&p's next week. Can someone remind me what info the examiner is supposed to have on hand?

Thanks

Jlshand,

Make sure they have you C-file and ask him or her to see it.

I would if I were you go to the hadit start page and find your examination worksheet. It is a worksheet the C&P examiner will use to evuluatue and render their opinions on. It will give you the oppturnity to see what they are looking for.

I know your C&p is next week. I have taken the worksheet to a private doctor (might cost you money, but believe me it is well wort it) and allow this doctor to perform the same exam. This will give your leverage and in many cases cause reasonable doubt if the VA doctor renders a an unfavorable opinion, and this is great also to have to back up your claim. Make a mental note on weather or not the person who performes the C&P exam is a MD, Nurse Practioner, PA. If it is a N.P get their name. After your exam at the VA wait about 2- 3 weeks and go to mdical information release and get a copy of your C&P exams.

I hope this helps. Gods bless you.

Bound4Heaven

[jlshand]

Jlshand,

Make sure they have you C-file and ask him or her to see it.

I would if I were you go to the hadit start page and find your examination worksheet. It is a worksheet the C&P examiner will use to evuluatue and render their opinions on. It will give you the oppturnity to see what they are looking for.

I know your C&p is next week. I have taken the worksheet to a private doctor (might cost you money, but believe me it is well wort it) and allow this doctor to perform the same exam. This will give your leverage and in many cases cause reasonable doubt if the VA doctor renders a an unfavorable opinion, and this is great also to have to back up your claim. Make a mental note on weather or not the person who performes the C&P exam is a MD, Nurse Practioner, PA. If it is a N.P get their name. After your exam at the VA wait about 2- 3 weeks and go to mdical information release and get a copy of your C&P exams.

I hope this helps. Gods bless you.

Bound4Heaven

Thankyou Bound for

If the Doc doesnt have the C file, do I just proceed but make a mental note?

Ive already gotten two IMO's but didnt use the exam sheets. Probably a mistake, but I wrote the MD's statements and tried to use the language recommended on this site. Its going to be real interesting to see what they are C and P ing for since the IMO's are from an Internist and a Cardiolgist/Internist while their Md is just an internist/family practice. Hard to believe they could deny a heart problem as secondary to DM2 with an internists opinion vs a board certified cardiologist . Of course assuming the right language in the cardio's report.

[Bound4heaven]

Thankyou Bound for

If the Doc doesnt have the C file, do I just proceed but make a mental note?

Ive already gotten two IMO's but didnt use the exam sheets. Probably a mistake, but I wrote the MD's statements and tried to use the language recommended on this site. Its going to be real interesting to see what they are C and P ing for since the IMO's are from an Internist and a Cardiolgist/Internist while their Md is just an internist/family practice. Hard to believe they could deny a heart problem as secondary to DM2 with an internists opinion vs a board certified cardiologist . Of course assuming the right language in the cardio's report.

Greetings,

From my expirence I have not allowed the C&P examiner to proceed. It is manidated by 38 Cfr that they do a complete background medical history on your C-file and have it present (is this always done ? many here at had will tell you NO!!!!) however you must stand your ground.

On the issue of a VA doctor not being a specialist :

The probative value of a medical opinion is generally based on the scope of the examination or review, as well as the relative merits of the expert's qualifications and analytical findings (Guerrieri v. Brown, 4 Vet.App. 467 (1993)). Its weight may be less if ambivalent as to exact diagnosis, or if the examiner is not a specialist, fails to explain the basis for an opinion, or treated the claimant only briefly or for unrelated conditions. Sklar v. Brown, 5 Vet.App. 140 (1993).”

Electronic Code of Federal Regulations (e-CFR)

http://ecfr.gpoaccess.gov/cgi/t/text/text-...0.1.1.5&idno=38

This is a very powerful law that I have used and won 3 times when the C&p examinier was a MD was not a specialist. If your examiner is a N.P or PA this law will completely blow their entire opinion out of the water. A N.P, PA and many MD's that give C&P exams do not have the medical knowledge or education and therefore their opinion according to this law has no value as compared to a specialist.

I hope this helps. God bless you.

Bound4Heaven

Edited May 10, 2006 by Bound4heaven

[jlshand]

Greetings,

From my expirence I have not allowed the C&P examiner to proceed. It is manidated by 38 Cfr that they do a complete background medical history on your C-file and have it present (is this always done ? many here at had will tell you NO!!!!) however you must stand your ground.

On the issue of a VA doctor not being a specialist :

The probative value of a medical opinion is generally based on the scope of the examination or review, as well as the relative merits of the expert's qualifications and analytical findings (Guerrieri v. Brown, 4 Vet.App. 467 (1993)). Its weight may be less if ambivalent as to exact diagnosis, or if the examiner is not a specialist, fails to explain the basis for an opinion, or treated the claimant only briefly or for unrelated conditions. Sklar v. Brown, 5 Vet.App. 140 (1993).”

Electronic Code of Federal Regulations (e-CFR)

http://ecfr.gpoaccess.gov/cgi/t/text/text-...0.1.1.5&idno=38

This is a very powerful law that I have used and won 3 times when the C&p examinier was a MD was not a specialist. If your examiner is a N.P or PA this law will completely blow their entire opinion out of the water. A N.P, PA and many MD's that give C&P exams do not have the medical knowledge or education and therefore their opinion according to this law has no value as compared to a specialist.

I hope this helps. God bless you.

Bound4Heaven

Bound4

Thanks for the quick reply

Just for clarification, the issue I wonder about is the relative merits of one type of specialist vs a specialist in the area of practice that more closely meets the secondary condition being evaluated.

Wouldnt it be real difficult for them to deny by favoring the evaluation of an internist over that of a cardioloist for what is primarily a heart issue???

In my case The Md at my C&P is identified online as an internist/family practioner ie , no mention of of cardiology specialization. My secondary (to DM2) is coronary heart disease and Afib which both my internist and my cardiologist, who is also an internist, attest is more likely than not causally related to the DM2.

The DM2 will be presumed via agent Orange/Vietnam but all part of this original claim

I'm wondering if the VA by scheduling me with JUST an internist is conceding the CAD and Afib claim. I have also claimed some peripheral neuropathy(without IMO) and wondering if it seems their internist is just hired to evaluate this.

[Bound4heaven]

Bound4

Thanks for the quick reply

Just for clarification, the issue I wonder about is the relative merits of one type of specialist vs a specialist in the area of practice that more closely meets the secondary condition being evaluated.

Wouldnt it be real difficult for them to deny by favoring the evaluation of an internist over that of a cardioloist for what is primarily a heart issue???

In my case The Md at my C&P is identified online as an internist/family practioner ie , no mention of of cardiology specialization. My secondary (to DM2) is coronary heart disease and Afib which both my internist and my cardiologist, who is also an internist, attest is more likely than not causally related to the DM2.

The DM2 will be presumed via agent Orange/Vietnam but all part of this original claim

I'm wondering if the VA by scheduling me with JUST an internist is conceding the CAD and Afib claim. I have also claimed some peripheral neuropathy(without IMO) and wondering if it seems their internist is just hired to evaluate this.

Greetings,

You are welcome. I got this advice from Berta and it worked great. I found the qualifications on my doctor who I used outside the VA system (His specilities, his educations basically his resume) I used this as edivence that he was much more qualified then the VA MD who did the exam and therefore his opinion carried greater weight.

This all public information. If I were you I would contact your doctor and ask him for a copies of his credentials and submit this was edivence.

This would be the answer to your other question. Yes a Medical Doctor who specializes in an area, their opinion must carry greater weight then that of a general practioner.

I hope this helps you in some way. God bless.

Bound4Heaven