Jump to content
VA Disability Community via Hadit.com

 Ask Your VA Claims Question  

 Read Current Posts 

  Read Disability Claims Articles 
View All Forums | Chats and Other Events | Donate | Blogs | New Users |  Search  | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

C&p And Your Claim File

Rate this question


jlshand

Question

Had three C&P exams two weeks ago, ALL with MD's contracted by VA.

NOT ONE OF THESE FOLKS HAD MY CLAIMS FILE!!

The Internist who I learned later will actually gather all the results and write the report to the VA, told me that they (MD's contracted by the VA)were not supposed to have my medical records so THAT they (she)

COULD GIVE A TOTALLY INDEPENDENT AND OBJECTIVE EVALUATION!!!!

What do you all think of this B.S?????

I have a pacemaker ( clearly indicated in all my claims paperwork and notede visually by the technician) but they wanted to give me a treadmill stress test!!!

Now, any first year med student will tell you a pacemaker and treadmill test just dont work real well together

The entire Internist face exam took less than ten minutes

Link to comment
Share on other sites

  • Answers 20
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

Unless your disability is so obvious by what they have in limited info- then you are right- this IS BS!

I dont get it- the VA sure comes up with some weird stuff- I saw some great IMOs from Dr. Bash and other private doctors knocked down by the RO and even the BVA because the IMO doctor had not 'physically' examined the patient but yet they had all the med recs to prepare the IMOs.

Now they say they dont need the med recs, just 'examine' the patient? for 15 minutes?

It is bull crap- but all you can do is wait for those C & P results-

In some cases I would think the C & P really would not require the whole shibang and the result could still be OK with the vet.

Link to comment
Share on other sites

  • HadIt.com Elder

Like Berta says, wait for the C&P results and then you probably need to wait for the decision. The decision ususally comes quickly after the C&P. Then you see what they have to say and hire your own IMO or regular doctor to specifically dispute the reasons that you were low balled or denied. This is how I would do it because you don't have a decision yet. I know the TIME thing is what gets us down waiting for a decision so you can appeal the exact reasons why you were denied. There are people who visit hadit who may have a different take on it, but this is my idea.

Link to comment
Share on other sites

The claims file is supposed to have already been read by the examiner (a board certified specialist in the area being examined) and physically available during any C & P. This contributes to the requirement for the exam to be thorough and contemporaneous. Anything outside of this I would argue would be grounds for an appeal of an unsatisfactory or incomplete C & P. I had this bookmarked from M21-1. Has it changed?

M21-1, Part VI, CH. 1. PHYSICAL EXAMINATIONS, SOCIAL SURVEYS, AND FIELD EXAMINATIONS

1.07 SUFFICIENCY OF VA EXAMINATION

a. Sufficient Examination Reports. Be sure the examination is as full and complete as possible under existing circumstances. It must include a brief medical and industrial history from the date of discharge, or last examination, to the current date. It should also record subjective complaints and a complete description of objective findings, stated in concrete terms. A diagnosis of all described conditions should be included. The examination should provide the clinical findings required by the Rating Schedule for the evaluation of the specific disability such as the range of motion in degrees when a joint is being examined. A VA examination not meeting those requirements is insufficient. A claim should not be denied, nor an evaluation reduced, based upon an insufficient examination.

b. Insufficient Reports. Return reports that are insufficient in any essential aspect to the clinic, or health care facility Director, with a statement setting forth the deficiencies to be remedied. If known, include the diagnostic code for the disability at issue. Avoid using language that can be construed as adversarial when returning reports for clarification. For example, use the term "insufficient for rating purposes" rather than "inadequate examination." Use AMIE to return an insufficient report to the examining facility if it was requested through AMIE. If necessary, the Adjudication Officer or Veterans Service Center Manager will discuss unusual cases with the health care officials to ensure proper understanding of the issue(s) at hand.

(6) The rating activity may request that the claimant be reexamined by another medical examiner if compelling reasons exist. To request a reexamination, prepare another examination request and annotate it to show that reexamination is necessary. Include the name and VA station of the medical examiner who conducted the prior examination.

Link to comment
Share on other sites

  • HadIt.com Elder

Vicki

The last C&P exam I had the doctor had to look at the chart to find out my name. I know that this person did not look at my medical records before the exam. In fact there was no examination. I was there for DMII. He just looked at the chart and said "You have diabetes all right", and that was it. I then went to the neurologist who did a ten minute exam and she said you have PN in your hands and feet. I know they did not even look at my records because both asked if I had been in Vietnam. One pyschiatrist asked if I had been in Vietnam and when I said Yes he looked through my records until he found my DD214. In other words he figured I was lying to him and knew nothing about me before the exam.

Link to comment
Share on other sites

Guest allanopie

>One pyschiatrist asked if I had been in Vietnam and when I said Yes he looked through my records until he found my DD214.

Hello John,

I think they have to verify once a vet claims combat or in-country duty. Special consideration & benefits should be provided. The first thing I would want to look at would be the DD-214. Far to many try to claim benefits of a Vietnam combat vet, & were no where near it. If the DD-214 information is correct, they should take additional steps & evidence considerations to assist "COMBAT" vets. If not. They're complete jerks handling your claim.

I'm a Navy Vet & served during the Vietnam Era. My ship was attached to the 7th fleet. I sailed in international waters, but no where near Vietnam. Researching my service history, i've found several occupational exposures to toxins & tried to discuss it with VA doctors. Since i'm not a "Vietnam" Vet, I couldn't get a referral to the Environmental Exposures Clinic on the coast. I tried several times to show them my service records & research. All I gained from it, was a comment in my medical records from my doctor, claiming I brought in all this stuff, claiming all this stuff when the only problem I had according to my service records, was "jock itch". Dr Bash said it was Multiple Sclerosis he saw in the same records. I'm far from being the sharpist tack in the box, but theres a wide range between those two interpretations of the same records.

When I filed for a reopen for hearing loss & bilateral tinnitus due to artillery injury & nearly 4 years of operating, marine high pressure boilers. My claim was first denied by the VA stating in the denial, I basically lied to the hearing loss examiner by claiming I was a "Boilerman" in the Navy, when my Naval occupation was a "truck driver". My DD-214 doesn't say a #^T$^((_())(%#@# about a truck driver.

I have so much BS the VA sitcks in my records, im determined to leave it all there untill I go to COVA. Then, there will be a "long record" of "intentional fraudulent remarks" by VA personell to present as evidence.

I had one remark show up in my records from an examiner, that he smelled alcohol on my breath & my clothing during the exam. They are liein bandits & I have alot of proof.

Link to comment
Share on other sites

  • HadIt.com Elder

Not having your C File at a C&P means that there was no review prior to your exam and that there is not a chance in hell a competent C&P will come from it. If it was me I would have walked around to the Administrator at the VAMC and filed a complaint right there and than.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
×
×
  • Create New...

Important Information

Guidelines and Terms of Use