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C&p Today, Examiner Took All Mrs + Dbq, Letters.


Greg88

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I went for my Medical C&P today, the examiner was pleasant and asked to see and accepted all my paperwork including medical records, filled out DBQ and Nexis type letter filled out by my private MD. She looked over all the forms before she started questioning me and told me she would review furthur after the exam. She did a thorough exam, but seemed a little more interested in the new things that have popped up in the last 15 years. I will wait a week and see if I can get a copy, overall I think it went OK, she mentioned that they have a person who collects all the MRs and info and brings it back to the Regional Office, this sounds like something new, most of the posts I see, the examiner will read it and hand it back to the vet.

Greg

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You may have to ask the RO for a copy, depending on the state you are in, but get a copy. Look for the key words "more likely than not" or "at least likely as not". If it says "less likely than not" start working on your NOD.

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Greg - really happy to hear that your examiner was pleasant, took your documentation and did a thorough exam. Hopefully when you get a copy of the C&P results - they will reflect an honest evaluation of your condition.

I'll assume you have the originals or a copy of the documentation she took from you....just in case they never end up at the RO via their method...so you can send them in yourself if need be.

Edited by USMC5811 (see edit history)
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USMC,

I left copies, after reading how things get lost with the VA I thought it better to cover my a**, I'll wait 2 weeks and ask for a copy from the VAMC where it was done. The funny thing was the examiner understanding of diabetes was not to update, I was told the examiners specialty was heart disease. When I mentioned some of my problems that I was having, I got a blank stare, it's like Joe Friday "just whats on the DBQ" the examiner did miss a few things, there is a question on the DBQ asking about scars and it's relation to the diabetes, 4 or 5 years ago I fell out of bed while my sugar was low and slept against an oil filled electric heater (the one that looks like a small radiator) I woke up with 3 coaster size 3rd degree burns on my calf, upper arm and opposite wrist, it was mentioned in the DBQ my MD filled out, but the examiner never asked, I wonder if the examiner will use what I left to highlight what was not examined. It's great to have a cheat sheet to help you fill things out. Since the examiner read everything I figured I save the VA 45 minutes of their and my time.

Greg

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Have you claimed Peripheral Neuropathy due to the diabetes?

In some cases PN can cause an altered reaction to heat and cold and in that way, the VA could perhaps rate scar residuals from any accident like when you slept against the hot oil heater and got 3rd degree burns.

Of course VA has to determine the PN is secondary to the DMII but PN is a well known consequence of DMII.

Edited by Berta (see edit history)
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Berta, yes it was claimed it was diagnosed in 1988 at the VAMC I used and they used it to raise my rating from 40% to 60% and then again as it progressed to a 100%, the examiner did all the test's from the Diabetic PN DBQ, it took basically 10 minutes, the DBQ says it should take 30, but when you have Type 1 for 36 years they make a lot foregone conclusions. In the outside medical world I'm not a tough case, but with the VA you always have to look for a curve ball. Any ideas how long it will take to obtain the copy of the C&P exam ?

Greg

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Hi Everyone,

I called down the DAV today after checking to see if I could pick up a copy of my C&Ps from the VAMC (they said I could there complete now), of course no one answers the phone at the DAV office, checked my status at Ebenefits and status went from Gathering to review of evidence, I'm wondering if DAV gave the VA the documentation I gave to them, because at this point I don't have a single DAV SO I can rely on, a different one calls back each time. I'll pick up my C&Ps on Friday as see what the examiners wrote.

Greg

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"I'm wondering if DAV gave the VA the documentation I gave to them,"

I used to have DAV and another vet org as reps.

Regardless of what I gave them, I also sent copies of it to the VARO and always obtained a Priority Mail tracking slip that I could download from the USPS tracking site, to verify the VARO actually got my stuff.

You said:

"with the VA you always have to look for a curve ball" and that is true. That is why a proper VCAA letter is so important and why we must make sure they have and consider all of our evidence.

I call the curve ball ,the potential 'land mines' we must be aware of, meaning ,what could VA suddenly pop up with to negate the potential of a proper award.

They set me up for a land mine scenario many years ago to deny my DIC claim. It was a completely unexpected , startling and very upsetting statement from a C & P doctor, that had absolutely no basis in medical fact.

I was so upset and angry I called the C & P doctor up, only to find to my dismay and to his astonishment, that the RO had not given him a critical piece of my medical evidence.I guess it was a 'coincidence' that , they gave him the complete C file and med recs but somehow removed this critical document.*(yeah right)

Knowing they could pull anything they wanted to,in a denial, without this document, I had sent it to VA 12 times,figuring they could not misplace or lose every submission of it. I foresaw a curve ball-landmine potential but never dreamed ,with the evidence I had sent, that they would stoop so low. The statement the doctor made still horrifies me. He regretted it, when he became aware of the critical evidence VARO had withheld from hm.

I succeeded in that claim but many years later I enclosed copies of dozens and dozens of USPS tracking slips with my H VAC testimony, to prove that our evidence ,as claimants, had often been manipulated, lost, or removed from our claims files. This was during the Shreddergate fiasco.

Those days are over. Still we must assess our claims for curve balls and landmines ourselves, as the VA can often provide a good rationale for denials , that we are not prepared to question.

Sometimes the VA is right too.

If they legitimately don't receive our evidence, either from our POAs or us, and that evidence is probative to the claim,then we cant blame them for a denial. We MUST be proactive.

Every time I submitted additional evidence to VA,I kept a running evidence list at the bottom of each submission.

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Berta I'm picking up copies of the C&P Friday and will head down to the RO on Mon. I'm bringing copies of everything to hand in to RO, while I'm there, I want DAV to show me whats been given to the VA, DAV has my POA and the RO is right across the hall from them. But the DAV so far on this little adventure has not done much and just kept giving me false reassurances. My DAV rep in JULY told me because I missed a scheduled C&P (I was away when the appt. came and went) the VA was going reduce me from 100% to 0%. This is the same rep that I called when I got a letter from the VA in Jan. telling me I was going to reexamined. The DAV rep said "don't worry those letters were sent out by mistake" I stopped worrying and bang C&P came and went. The funny thing is I told the DAV I was going to my Congresswoman and a panic set in "no no you don't have to that". The thing is I never received any letter telling me that I was going to be reduced. It will be interesting to see what was written on the C&P.

Greg

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