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Can You Object To Or Protest A C&p Within 2 Weeks After?


Slowlane

Question

I was listening to some of the archived recordings and I believe I heard them say that you can get a copy of your C&P exam and send in a disagreement to it if you feel that it is wrong.

I believe the hosts said that you needed to do it within a 2 week time frame.

Never read anything like this before ..... if this is totally wrong please delete this thread so it wont cause mass confusion.

Thanx Slowlane

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  • HadIt.com Elder

I was listening to some of the archived recordings and I believe I heard them say that you can get a copy of your C&P exam and send in a disagreement to it if you feel that it is wrong.

I believe the hosts said that you needed to do it within a 2 week time frame.

Never read anything like this before ..... if this is totally wrong please delete this thread so it wont cause mass confusion.

Thanx Slowlane

I don't know about the 2 week time frame regarding C&P exams. I plan to object to old C&P exam reports in my BVA appeal. Some of which became part of the record years before we were allowed to even see our records.

Good luck. I hope you find your answers. Please keep us posted.

Cmdr. Bob

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  • HadIt.com Elder

I read my recent C&P for AO heart condition. What I did was to ask for more testing and appealed the rating because the rating was based on the lame and incomplete exam. I got the VA doctors to rebutt the C&P and won a better rating on appeal. You can contest the c&p exam, but often this is a waste of time. It is better to dissect the exam and rating and rebutt it with your own new medical evidence. By the time you beat back the C&P exam you will probably have your rating. Then you might as well attack the rating. These C&P exams are almost always incomplete. Compare your exam to the exam schedule to see if all the T's and I's were dotted.

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The C and P examiner enjoys a "presumption of regularity". In other words, his exam is deemed to be valid in the absence of evidence to the contrary.

I tried to refute a bad C and P exam about 5 years ago. I contacted the examiner, and tried to explain that it was based on poor communications. The examiner went ahead and sent in the exam in all of its wrongness.

If I was smart, I would have refuted the exam with an IMO/IME or another VA doc.

When the denial came, I filed a NOD. I eventually prevailed in no small part due to the fact the VA shredded their own evidence as well. So I did not bring up the defective medical exam.

There are bases you can appeal a "defective" medical exam, such as:

....The examiner not listing his qualifications. If the examiner is Board certified in leaf taxinomy, then he probably cant do your knee exam properly.

....The examiner not answering the questions. If the examiner does not address a question the VA asked, such as "Was this due to military service"...then its a defective exam.

....If the examiner did not examine the Vets med records, you can mention that in your appeal.

....If you have other med exams which refute the c and p exam, then bring those up also.

....If the examiner is required to do a medical test, such as measure by a goniometer, then by all means bring that up in your appeal.

There are many ways to refute or rebut a bad medical exam..these are a few.

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You go to your VAMC where the C and P was done, at the "ROI" and ask for them. They may or may not give them to you, but my experience is they do.

One person says it depends on the RO, but not all of them will apparently release your c and p exam until after your deciison. Mine released my C and p exam right away.

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In my state you have to request a copy from the VARO. The VAMC will not give it to you directly. Apparently, a couple of vets got copies at the VAMC right after their exams and directly confronted their examiners. I was able to get the American Legion VSO at the VAMC to go over to the Patient Advocate and have him look at my exams to confirm whether they were favorable or not without directly showing them. He said they looked good.....

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How long does it typically take for them to complete the C&P report? I ask because I am a couple hours away and if I could get a copy the same day that would be great. Not that I will ever have a C&P exam... At least I haven't so far and I filed a year ago.

Thanks!

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We checked with our local VAMC records dept. on how to obtain my husband's C&P results. We were able to fill out a paper and they will be mailed to us next week.

VetswifeIndy

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