Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

Sponsored Ads

  • Available Subscriptions

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Searches Community Forums, Blog and more

  • 0
Sign in to follow this  
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

Share this post


Link to post
Share on other sites

2 answers to this question

Recommended Posts

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

Share this post


Link to post
Share on other sites

Ad

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.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 1 reply
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
×

Important Information

{terms] and Guidelines