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How To Handle Doctors Negative/unprofessional Comments On C&p?

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I spent 1970 in Viet Nam and went through my first C&P exams in 2009. I had listed diabetes but put in the claim before they actually officially diagnosed me. I knew I had it and almost died from a heat stroke one afternoon and that is when my doctor reluctantly "doctored up" my problem sheet to show me diagnosed with Type 2, no complications just FOUR DAYS after my neuropathy diagnosis. This happened three months after I filed claims.

Now, in 2009 I went for the neuropathy exam and it was a total joke. He tricked me into stating a date when I first noticed any different sensations. He felt that was all he needed to send another one down in flames. On his report he stated. "Veteran states neuropathy complaints BEFORE being diagnosed with diabetes." THEN, "A person must have diabetes at least FIVE YEARS before developing neuropathy." The rating specialist parroted that on his decision like it was the gospel. I was stunned at the outright fraud of this statement. He had taken a text book phrase and twisted it around: If a person hasn't complained of neuropathy within five years of diagnosis have him tested anyway. I let this go and filed an appeal.

Now we finally get to 2012 and my appeal exam is with a "contractor" who listen attentively, looked through my file, spotted the entry on my problem sheet in 1998 that said "neuropathy in diabetes". She did a great job and I thought "justice at last". Well, I just got the reports the same C&P neurologist went in and edited the report deleting the 1998 reference and closing the report with "the neuropathy may be caused by diabetes or at least not in diabetes". The grammar tipped me off who it was.

Is this something I should address immediately with the head of C&P or let it play out. They have slowed the process down to taking about a year to cycle something through in my region.


Edited by wwoof
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  • HadIt.com Elder

You need an independent medical opinion to deal with this C&P exam and to rebutt the exam findings. I had sort of the same problem. I was very close to fast blood glucose levels for a number of years before and actual DMII DX. I had foot pain also. Then I started to have fasting glucose levels that were pretty high and I filed for DMII and PN in all four limbs. The C&P doctors said I had DMII but split on the PN in all four limbs. I filed an appeal with the DRO and got a IMO from a internist and I got the PN ratings in all four limbs.

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  • Content Curator/HadIt.com Elder

Hey wwoof,

I agree with John 110%. Also, for what it's worth, I developed and recently had surgery for neuropathy -- but do not have diabetes. The 2009 doctor is full of it.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.


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Thanks. Well, getting a second opinion would be time consuming so I presume that will be for the appeal of the appeal. What has really burned me up is the deliberate fraud they pass in house to the ratings specialists. This appeal is DRO and I have no idea what that interview was about since I am going back through all the hoops once again. The VSO I got through our state vet board is an ex-Navy WO and the biggest prick you could imagine. He is on the VAs side. I guess old habits die hard.

One of my recent C&Ps was for an increase in PTSD (currently 30%) and I caught the mental health Mengle who is said to "not believe in PTSD". My Vet Center guy said when he started out years ago security had to escort him to his car. This guy is empty on the inside it is so apparent he is not from this planet. Well, the new system is simply to let the vet describe his symptoms. No details just the symptoms. He then tells you the form he filled out will be graded at the Regional Office but you have no idea what he may have written or not written down. My frustration is that I thought the DRO had more sway in this matter. I still haven't gotten a transcript and it's been three months and I am beginning to think that interview didn't mean anything. I'll probably pace the floor over this one too.

I think my region is the second worst for approving claims. It is very apparent they want you to die. My six month check up is now an 8 month check up and with my problem sheet I should be seeing an MD. All our preventive medicine clinics are now NPs. They have actually cleared out the doctors.

Being a newbie I just had to vent. I know everybody has a very similar experience to mine but I will say on a trip I had to go to the Denver VA and it was a different world compared to Jackson. They acted nice and almost concerned!

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Note: My 2009 C&P acknowledged my Type2 with 0% because I was not diagnosed before the date of the claim. Not sure if you have heard of that one but they have a new rule that cuts off back pay by the calendar year and because I waited almost a year to file an appeal I'm expecting to get some percentage but no back pay.

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"but they have a new rule that cuts off back pay by the calendar year "

Could you tell us what that 'new' rule is and give us a citation?

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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  • HadIt.com Elder

Well if it were me I would argue that as a lay person how could we have a medical opinion or even diagnose when onset happened.

Veterans deserve real choice for their health care.

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