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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Ethan'sGrandma

C&p Exam Contradicts Matters Of Record

Question

Hello All,

I received a copy of my C&P and it blows my mind!! The doctor had asked very little questions, none seemed pertinent, but he sure came up with a lot of answers, without any true knowledge, nor an apparent true review of the file, even though he notes he did a review of it. Additionally, he did not concede the PTSD, even though it is one of the reasons for my ongoing treatment outside of the VA.

What really bothers me is that he put so much erroneous information in the exam report, it almost seems as if falsifying information, to make it all fit. For example, I have not worked since 2000, receiving SSA disability, but he notes "Employment: time lost from work--few hours...mild effect on social functioning and no effect on employment." That statement alone should speak volumes even to the VA who is aware that I am on disability that there is something seriously wrong with the exam, never mind all the other outright errors (lies) the doctor could not have possibly gotten from information from me, or my file. Of course, I've not heard anything more from them regarding the pending appeal.

What boggles my mind is...why? Why would a doctor make a report that, obviously, does not even fit the record? Wow, that is scary for even the new regs regarding PTSD if determined by a VA doctor. Obviously, by this example, a doctor can say pretty much anything they want, even when it's not matching what is already on record. So, how are we to dispute it? I have sent the VA a letter making note of what is contradictory, stating the exam was inadequate, and requesting another exam. Only time will tell if it will be arranged since it took six months just to be able to get a copy of the exam report.

So, does anyone have any experience in matters such as this? If so, what is the usual protocol? Will the VA go by this flawed exam, regardless of what else is on record? I am so upset about this, I'd like to send a copy, a copy of the contradictions of the exam with matters already of record, to the top VA man and ask how do they allow this? How do they allow a doctor like this to examine veterans? In any case, thanks much for any information anybody can share with me.

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The exam doctor wrote this report because he is too lazy and greedy to read your medical history. How long did your exam last? If he can cram 10 exams a day he gets better paycheck. What you will probably have to do is get your own doctor to rebutt point by point this doctor's exam once you get your rating. If you raise enough hell you might get another exam before you get your rating. That is usually a long shot.

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I second what John stated.......IMO, I would type out a rebuttal and point out the C&P erroneous information not based on fact and should not be considered, and get my own IMO. You could then send the good C&P doc a notice for payment of all the work he states you did not loose :tongue:

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"So, does anyone have any experience in matters such as this? If so, what is the usual protocol?"

MANY of us have had this type of C & P problem.

The last C & P exam they did for my claim (the veteran is deceased but it was a C & P opinion more than an exam) was so bizarre that it was a pleasure to knock it down.The BVA disregarded it completely.

The best ways to handle stuff like this is to get an IMO that contradicts the C & P exam with full medical rationale.

Or file a NOD disagreeing line by line with the C & P exam ( if VA does not give you another exam based on the letter you sent to them)and point out every inaccurate statement and refer them in each case directly to your clinical record or anything such as your SSA record showing unemployability.

"he did not concede the PTSD" was he a board certified psychiatrist or psychologist or mental health provider such as a MSW?

Do you get SSA solely for PTSD?

Only a VA mental health care provider can diagnose PTSD per the new regs.

I raised the fact as to how unfair this will be for some PTSD vets under the new regs and Congressman Filner told me they were going to look into that-

it needs more than a look into-

as I also stated to him-to the effect that this can erode the very essense of our Benefit of Doubt rights.(See SVR archives-Congressman Filner H VAC show)

I am going to do what I can to see that this is looked into-The H VAC does read the letters they receive.

this part of the new regs is even worse- a VA rater (who might have never served a single day in the Mil) can now determine -even with a PTSD diagnosis, whether the stressor claimed raises to level of stressor etc based on the veteran's MOS etc.

they might not know the difference between an IED, and an EED or even an ED!

The MOS for each branch of service are different.

A MOS for truck driver ( USMC Vietnam)for example means that truck driver was also infantry and also a target depending on what they transported.

TOO much power has been given to VA mental health care providers and the raters in my opinion with this new reg which is not the reg that we expected.The 600 plus of us who commented on it at the Federal Register site.

In my opinion this new PTSD reg will NOT be helpful to many vets so they might as well make sure their stressor can be verified by JSRRC and then once verified-the VA rater knows what a PTSD stressor really is.

At this point the regs appear to suggest that even if a vet had a diagnosis of PTSD from Sigmund Freud, the VA would not accept it.

The new reg is probably going to start problems.If vets don't protest any unfair ramifications they get from it- then they have enabled the VA to take away some of our rights.

I hope the new regs will be addressed in the ept hearing of the H VAC on Personality Disorder diagnoses.

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Berta

The PTSD reg is just a backdoor way of denying PTSD claims while pretending to make it easier. The VA does this kind of thing all the time. They pretend to open one door and slam another one in your face. The cost for PTSD was just getting too high, so they gave it to the VA mental health thugs to weed out all those personality disorders and pre-existing conditions from a PTSD DX. Expect many more "adjustment disorder" DX'es.

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So....does one wait until your rating to rebut, or can you rebut if you already have the C&P copy?

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