Tinnitus C&p Exam Issues

[manning01]

I finally had a C&P exam on Aug 12th at the VAMC Phoenix for a Bilateral Tinnitus claim I submitted back in May of this year. I just received a copy of the C&P exam I asked for through the ROI office there and not happy what I seen in it. I'm a 20+ year Air Force veteran recently retired on Sept 2010, 2 time OIF deployments and worked on fighter aircraft specifically the F-16 for all that time as a Crew Chief/Aircraft Mechanic. When I went in for the exam everything went well and I explained what I did and my AFSC and the Audiologist seemed to understand oh you worked around jet engines all those years, high power, takeoffs etc. I tried to show her a copy of my SMR and she refused to touch it and also a copy of my medical and OSHA paperwork saying I was on the USAF hearing conservation program for over 20 years and exposed to excessive high noise daily in my work and she took those but not my SMR. But when I read the C&P exam report she selected the statement "Cannot provide a medical opinion regarding the etiology of the veteran's tinnitus without resorting to speculation". The reason given was " Since the C-File is unavailable for review. It is not possible to determine whether tinnitus is related to military service without resort to mere speculation". The papers in her folder she had said I was active duty and my AFSC etc and she blatantly lied in the area 2 under evidence review stating no evidence was reviewed that was not submitted in the C file when I gave her some paperwork that she took as evidence. I can't believe she did that and why the Phoenix RO didn't send over my C file when they are less than a 1/2 mile away and have they have my SMR and my claim is another concern. What can I do besides let them sit on this for another year or longer till they deny it and then have to appeal it over her incompetence and have this held up for years. Can the DAV Rep do anything on getting this fixed now before this sits in the VA black hole for denial and appeal or don't worry about it the claims people will see all my documented paperwork I submitted for the claim and this won't carry really any weight in their decision? Any help and guidance is greatly appreciated.

[Pete53]

Welcome to Hadit

[Philip Rogers]

I, personally, believe the VA's general counsel has instructed them to use that "without resorting to speculation" phrase as a way to extend the period resolving the case and getting the claimant to give up in frustration. jmo

pr

[cooter]

Welcome Aboard

I would request the va to give you another C&P exam due to the examiner didn't have in her possession your c;file for a fair examination. They won't admit to it, but I think someone screwed up and didn't request it for the exam. JMO

Coot

[manning01]

Welcome Aboard

I would request the va to give you another C&P exam due to the examiner didn't have in her possession your c;file for a fair examination. They won't admit to it, but I think someone screwed up and didn't request it for the exam. JMO

Coot

Thanks Coot and Pete53. How would I go about requesting another C&P exam before my C file goes into the decision phase and collects dust? I'd rather have them redo the exam now verse waiting a year or two till they eventually decide my claim and deal with it then.

Edited September 14, 2011 by manning01

[carlie]

I would find myself a private audiologist - make an appointment -

take pertinent SMR's with me (for their opinion and to refer to) and get an IMO.

Then I would submit it ASAP if it shows support for a diagnosis of recurrent Tinnitus that is as likely as not . . .

JMHO

[manning01]

I sent a letter to the VARO in Phoenix to request a new exam they'll probably toss it but at least I tried so who knows. I called the DAV to leave a message for my rep two days ago I guess she is too busy to call me back. I can really start to feel the frustration that all of you have with this process with the VA or even with Veterans reps. Thanks for all your input if there is any more guidance I'm all ears. JM