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When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about when it comes to filing Veterans Affairs Disability Claims. Chris Attig - Veterans Law Blog










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Sidney56

Incompetency C&p Exam

Question

Hey guys....it been a while since I posted, as this is not my best time of year.

I get really depressed when it seems I should be joyful with others. Oh well, things

could be worse I suppose. My question:

As posted earlier, I was awarded 100% P&T last August and found to be incompetent in

July of this year. I had a VA field examiner come out and interview myself and wife and

these were her exact statements. She recommended my wife to be my fiduciary and suggested

that I get a IMO to refute the previous C&P exam that proposed incompetency. She stated that

if I was incompetent, she surely must be incompetent! She suggested that I not go to a VA doc

for the opinion, but someone from the outside.

I immediately filed an appeal asking for a DRO hearing through my local VSO. He said it would

probably take about 12-15 months to get a hearing. He sent me to a psychiatric doctor that

specializes in these issues. Upon my first visit, the doctor was furious and stated that he sees

this type of injustice all the time. He had me do a exam with his psychologist and said he would

review the findings. Upon my next visit, he stated that he found no evidence of incompetency and

would write a letter stating that fact. A week later, the letter was in my mail. I took it to my

VSO and he immediately faxed a copy of the letter to the Regional Office DRO and he received a call

from the Regional office the next day(last Tuesday) stating that a hearing had already been scheduled, but there was

no need for me to attend it, because she was scheduling a new C&P. My VSO said he was astounded because

he had never witnessed the process moving so fast and I should receive a C&P sometime the first of next

year.

Well, I received a call today from my VAMC stating that a C&P exam has been scheduled for the 23rd of

this month(next week)! What the hell!

I have seen a lot of examples of IMOs on the board and they were very detailed. My letter is short and

simple. I asked my VSO about this, and he said it was all I needed. He has been right so far. What do you

guys think of the letter?

To: Mr. VSO

Re: Mr. Me

Dear Mr. VSO,

I have been treating Mr. Me psychiatrically since September 27, 2011 for Post-traumatic Stress Disorder(PTSD).

It is my opinion that Mr. Me is mentally competent to manage his financial affairs. He does not need or require

a payer to manage his monies.

Respectfully,

Signature

Dr Name, MD

It is too late for him to revise the letter, because it has already been submitted as evidence. I see where

everyone is saying that the letter would be shot down if it does not state that he has "reviewed all my medical

records". I even put this question to him at my first visit, and he stated that he has read all the C&P exams rendered

by the VA and they are all boiler plate. He actually was an examiner for the VA for many years. I have a tele-conference with his office this morning @ 10:30 as a follow-up concerning the meds he prescribed for me. Should I question his

IMO format?

Things are moving so fast, that I feel like I'm caught in a whirl wind!

Edited by Sidney56

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2 answers to this question

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My last post was very long....sorry :biggrin:

One thing that I failed to mention was, on my last scheduled mental health appointment

I was sent to a new doctor. I asked her why I had a change of doctors and she told me that

my previous doctor had been assigned as a C&P examiner. Wouldn't it be a conflict of interest

if she(first doctor) or the previous C&P examiner performed this exam?

I told her that I was seeing an outside psychiatrist and he asked her to fill the prescriptions

that he had written. She refused to fill one, but did fill the other. She also stated that she

would not treat me if I am seeing another(outside) doctor. She set-up another appointment

with her in 4 mos to give me time to determine who I wanted to treat me. This is a no-brainer.

I do however, continue to keep all my appointments.

Edited by Sidney56

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My last post was very long....sorry :biggrin:

One thing that I failed to mention was, on my last scheduled mental health appointment

I was sent to a new doctor. I asked her why I had a change of doctors and she told me that

my previous doctor had been assigned as a C&P examiner. Wouldn't it be a conflict of interest

if she(first doctor) or the previous C&P examiner performed this exam?

I told her that I was seeing an outside psychiatrist and he asked her to fill the prescriptions

that he had written. She refused to fill one, but did fill the other. She also stated that she

would not treat me if I am seeing another(outside) doctor. She set-up another appointment

with her in 4 mos to give me time to determine who I wanted to treat me. This is a no-brainer.

I do however, continue to keep all my appointments.

good question.my longtime ortho doc did many of my exams after he left the va and even when he came back. a former vso told me i had grounds to have the last exam he ever did for me thrown out due to conflict of interest.

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