Summary From Primary Care Dr.

[walt]

Good Morning ,everyone,and thank you again,

I had asked my primary care Dr. to do this and she refused saying what the reply shows My intentions are to include this communication with her in more evidence I am sending in support of my claim. Should I? Or should I contact her again and point out that the cfr says she MUST? Or should I not use it at all?.

my claim was in decision on 3 Nov.and was sent back to developement on 8 Nov.I have called 1000 number several times and seems as who I talk to as to answer I get.last one said it read.........Request for mental exam with medical opinion for claim of anxiety. Please furnish opinion whether veterans curent anxiety is related to anxiety condition while in service.They say sent to va medical center.They then ask for the as likely as not and all the other terms on several more conditions I have claimed.The person I talked with at 1000 number yesterday mentioned it going to Richmond Va medical center.I told him I had never been to Richmond.My claim is being worked at Louisville Ky and I go to Murfreesboro Tn for VA care. I live in Scottsville Ky.65 milis to Murfreesboro and 100 miles to Louisville.They say I am not going to have to have another c and p exam.Problem is I can not determine who they are asking all this of.The man yesterday at 1000 number said my primary care Dr....I am assuming it is the c and p Dr. at Nashville where I had my exam.but I called them and the lady there said they were done with my exam and had sent the results to Louisville RO.

As I have stated before I have an IMO from a local phy asst on the chronic anxiety and LBP and she is getting the family Dr. to write one. I am also getting one from an RN who is a personal friend of about !5 years and is very familiar with the chronic anxiety.I have a" buddy"letter from in service that has written a very good letter and I have submitted it already..Then too, I have an appointment with a phychiatrist on 6 Dec. for an IMO on the chronic anxiety.I have avery good letter from a Dr.That works at a pain clinic in Fl. He and I were stationed together as enlisted OR techs . He went on to medical school after.discharge in 1974.The have his listed twice. once as letter from john doe and again as statement from Dr. John Doe III Md. I do not understand why twice unless maybe they are sort of considering his an IMO also.I also have several buddy letters concerning the chronic anxiety and LBP As allways thank all of you very much.Hoppy I will message you later today.I wish all of you and your family a happy and safe thanksgiving.Your advice ,comments ,suggestions please .Walt

[71M10]

Walt,

The section of the CFR that you are quoting cannot be used to compel a VA physician to write you a medical opinion or IME.

What "form" are you requesting that your PCP fill out?

The VA is required to review all pertinent medical records in its possession and they are required to give you a C&P exam if your claim is plausible. I have not seen in the regulations, a requirement that a primary care physician issue an opinion on service connection unless they are requested to by the C&P section or VBA.

I am not saying I agree with the rules, but from what I can tell your PCP is not in the wrong.

Citation Nr: 0430798 Decision Date: 11/19/04 Archive Date: 11/29 ...

www.va.gov/vetapp04/files4/0430798.txtCachedYou +1'd this publicly. UndoApp. 611 (1992) (VA medical records are in constructive possession of the agency, and must be obtained if the material could be determinative of the claim).

Edited November 23, 2011 by 71M10

[john999]

I would not tell a VA doctor I want to help me that they "Must" do anything. They may put the screws to you for life.

[walt]

Walt,

The section of the CFR that you are quoting cannot be used to compel a VA physician to write you a medical opinion or IME.

The VA is required to review all pertinent medical records in its possession and they are required to give you a C&P exam if your claim is plausible. I have not seen in the regulations, a requirement that a primary care physician issue an opinion on service connection unless they are requested to by the C&P section or VBA.

I am not saying I agree with the rules, but from what I can tell your PCP is not in the wrong.

Citation Nr: 0430798 Decision Date: 11/19/04 Archive Date: 11/29 ...

www.va.gov/vetapp04/files4/0430798.txtCachedYou +1'd this publicly. UndoApp. 611 (1992) (VA medical records are in constructive possession of the agency, and must be obtained if the material could be determinative of the claim).

Hello 71m10,

Sorry about the salutation.Did not know what to use.Thank you for your reply.I did not mean IMO or an opinion. I probably did not communicate very well as allways.What it says is a descriptive statement .If a veteran request it it must be placed in veterans medical records reguarding the current status of the veterans existing medical condition,disease,or injury,including prognosis and degree of function.This descriptive statement may then be requested by vba for the purpose of making a claim determination.I did not know it when I posted ,but Carlie posted info about it on 17 Nov. When I emailed my pc DR. I used the term ",what you can do",rather than "what you must do".She probably is not aware of what the cfr says . I did not want to sound demanding so that is why I worded it the way I did.Just wanted advice as what to do. Guess just drop it and continue on with my claim. Thank you again and Happy Thanksgiving to you and your family... Walt

[walt]

I would not tell a VA doctor I want to help me that they "Must" do anything. They may put the screws to you for life.

that was my exact thinking John.Thats why I used the term what" you can do" in my email to her.Anyway I think I have my answer now and that is to forget about any statement from her and move on with my claim. Thank You, Happy thanksgiving to you and your family. Walt

[john999]

Walt

These c&p doctors and VA doctors can put a hurting on you if they get a mind to do it. Then you have to spend thousands of bucks getting IMO's to rebutt them. They will lead you down the garden path to a DX that ends up as some congenital or pre-existing condition. I had one do that to me when I was a very young claimant.

[walt]

Walt

These c&p doctors and VA doctors can put a hurting on you if they get a mind to do it. Then you have to spend thousands of bucks getting IMO's to rebutt them. They will lead you down the garden path to a DX that ends up as some congenital or pre-existing condition. I had one do that to me when I was a very young claimant.

Thank you very much John.I am taking all of you experienced peoples advice. That is why I am asking all these Questions.I have allready scrapped the idea of asking her again anyway.Now good or bad to include this email communication to and from her as to her refusing to do what I requested as to the statement,,in documents I send to RO? Or should I just drop it altogether? The c and p DR. has already done me harm.There two statements he used that MAY help some in my view. one he said.."I am unable to determine the extent of his chronic anxiety as a contributor to inability to work.",and "The veteran has not worked for several years and there is no good record of work capacity."It seems likely that the combination of the veterans medical problems confines the veteran to sedentary work,such as using a computer."These two statements was his opinion in it's entiety.I have them in reverse order but that was the opinion.Then he said rationale for opinion given:none pertinent.Then other comment: This focused review for LBP and o/a of the thumbs does not necessarily ncompass an assessment of all the veterans conditions....so...Now I have an appointment with a phychiatrist and am going to try to get a second one if they do not conflict and both agree. Thank you again. Walt