Contacting C&p Examiner

[kaykay]

Has anyone tried contacting the C&P examiner to clarify the exam report? The reason I ask is the examiner stated to me at the time of the exam that she had no doubt as to onset of my condition during service, and specifically said that she was going to write her report in such a way as to ensure that I get what I need. Yet the report had the dreaded "mere speculation" statement. However, in the report she seemed to suggest the the RO should defer to the opinion of my VA doc who is a specialist (the examining doc is a GP or internist). Well, the VARO used the C&P exam to deny service connection. The claim has not yet been promulgated because my VSO has been successful in getting the decision reviewed before promulgation and at this time the review has not yet been completed. So I am wondering if speaking with the doc who did the exam could possibly help.

[Vync]

bump

[Berta]

I did that -but after the fact-(contacted the docs)

and I made a full rebuttal against those C & P exams.

"However, in the report she seemed to suggest the the RO should defer to the opinion of my VA doc who is a specialist (the examining doc is a GP or internist). Well, the VARO used the C&P exam to deny service connection. The claim has not yet been promulgated because my VSO has been successf",,,,,

Sounds like you have a good VSO-

what did the denial say as to her suggestion to defer-

do you have documentation that your VA specialist supported the claim?

In my opinion when a VA doc uses the word "speculation " it means they don't have a clue.

I knocked down 2 C & Ps with "speculation"xtatements and clearly made the point on rebuttal that the medical evidence clearly overruled any need for speculation at all as it was cut and dried prime facie evidence that made common sense and was supported by literature in the medical communty as well as my -by then- 3 unread IMOs.

The BVA agreed with me.

"my VSO has been successful in getting the decision reviewed" This is great and what many reps should do but wont take the time to do it.

[kaykay]

Berta, thank you so much for responding. You always have incredible insight to lend to members of this forum.

I did that -but after the fact-(contacted the docs)

and I made a full rebuttal against those C & P exams.

"However, in the report she seemed to suggest the the RO should defer to the opinion of my VA doc who is a specialist (the examining doc is a GP or internist). Well, the VARO used the C&P exam to deny service connection. The claim has not yet been promulgated because my VSO has been successf",,,,,

Sounds like you have a good VSO-

Yes, he is. I had 2 other VSOs during the first year of fighting for benefits, and their is a stark difference in the assistance I receive from him. He definitely knows his stuff.

what did the denial say as to her suggestion to defer-

I don't know exactly what the denial says. My VSO just told me that the C&P examiner's lack of opinion as to service connection is what the denial is based on.

do you have documentation that your VA specialist supported the claim?

Absolutely! My VA specialist wrote a strong opinion letter on my behalf and submitted several pieces of medical literature that supports his opinion. The C&P examiner repeatedly made statements in her report that referred to this opinion and said things like "this can be the case in a patient with MS."

A couple of points my VSO is arguing on the decision is that the opinion of an examining GP should not outweigh the opinion of my VA specialist. In addition, it is being argued that there was no need for the VA to request an opinion of the C&P examiner, as my VA specialists opinion should have been sufficient.

In my opinion when a VA doc uses the word "speculation " it means they don't have a clue.

I agree 100% with this. It appears that the VA uses the work "speculation" simply to deny claims regardless of medical documentation that should support service connection or ratings.

I knocked down 2 C & Ps with "speculation"xtatements and clearly made the point on rebuttal that the medical evidence clearly overruled any need for speculation at all as it was cut and dried prime facie evidence that made common sense and was supported by literature in the medical communty as well as my -by then- 3 unread IMOs.

The BVA agreed with me.

I'm glad this worked out for you. I am definitely hoping that the traditional appeals process won't be necessary for my claim because I am at the end of my rope. I have been fighting this battle for over 2 years now.

"my VSO has been successful in getting the decision reviewed" This is great and what many reps should do but wont take the time to do it.

For this I am very fortunate and hopefully his efforts won't be futile. He jumped on it as soon as he reviewed the decision. The only reason I found out is that I called the 800# and was told a decision had been made and was being reviewed. Of course, I then called my VSO who was hoping to get this fixed before telling me anything to spare me the stress and despair I'm now feeling.

[kaykay]

Today I found out from the 800# that a new exam is being requested. I wasn't able to get any info on what type of exam. I'm wondering if the VA would request yet another opinion on service connection after recent events, or if it may be an exam for secondary conditions.

[Berta]

This could be due to you or your rep's questioning of the other exam.

Lets hope so- and it sounds to me that if this renders any denial due to the lousy C & P- then a reconsideration request would be in order.

I am sure your rep thought of that already.

"C&P examiner's lack of opinion as to service connection"

A lack of opinion is No opinion.

Lets be hopeful on the results of the new C & P exam _I would think it is not regarding the secondarys yet-as the primary disability claim should be properly handled first.

[Berta]

The rep could possibly even ask them to CUE themselves-depending on the outcome here-

I have had success with that strategy recently-by raising legal errors they made while the claim was still in appellate process.

I have 4 awards letters. They had to CUE themselves on the first three until they did it right. It didn't take too long and was much faster then the NOD route.

I didn't know if this would work but I had noticed the VA has Called CUE on itself in the past within some BVA decision I read.I did it in 1996 with success and found it can work-it depends on Legal Error only.

Thank you for those kind words.

I think I am one of the biggest pains in the butt that Buffalo VARO has ever dealt with.It has been suggested to me-since this RO knows I am here at hadit and at SVR and involved with numerous other vets issues that the VA deliberately strung out my claim for 7 years- so I would not appear to have credibility here at hadit.

Or they hoped I would croak before they sent the cash.

One cannot help but incur VAola Paranoia after dealing with this system for decades.

Edited May 3, 2010 by Berta