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ptsd Incompetency C&p Exam
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Question
Sidney56
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 Sidney56Link to comment
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