Jump to content

  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    $2,528.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    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
  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • VA Watchdog

  • 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

  • 0

C&p Has A Lot Of Erronious Info - What Now?


I requested and received a copy of my c -file, including the c&p exams. I was shocked. The doctor made many false statements.... things I never said, wrong diagnosis, even reported tests he didn't even perform. His answers to VA questions were short responses & did not detail the actual facts concerning my contentions. There was a lot of erronous info in his report. This was an exam contracted out to QTC. Is there anything I can do? I read somewhere that there is a form that can be sent in, requesting the VA corrects erronious info in your file. Is this true? And does anyone know what form it is? I already received my initial award, but I have two contentions deferred, and part of the incorrect info concerns those contentions.

Link to post
Share on other sites
  • Answers 1
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

1 answer to this question

Recommended Posts

  • HadIt.com Elder

In my opinion, strictly as a private citizen, you have some options. First, you can and should - in writing, (Certified Mail, Return Receipt, etc.) tell the VA that the C&P is deficient, and why you believe so, including any refuting and/or pertinent medical evidence and records, and a written copy of the C&P if you have it. The VA's usual response is to schedule another C&P. It sounds like the C&P likely did not conform to the VA's C&P "guide" for the particular C&P. (A large number of C&P's actually don't, and that causes other things to supposedly happen within the VA. An internal request for "clarification" or completion is just one.

IMO's from an "authoritative source" can completely counter a C&P. In an ideal situation, the IMO can address, point by point, the problems in the C&P. Since the C&P was from an outside source, your VA PCP (if you have one) may (or not) be willing to write something in your favor. An IMO from a "Board Certified Specialist" in the appropriate specialty generally carries the most weight, particularly when the physician is on the staff of, and uses the letterhead of an appropriate recognized medical facility.

Since the C&P was done improperly? by an outside contractor, and the VA paid the contractor, there is a possibility that fraud against the government (and you) may have occurred, and "whistle blower" laws might enter into the picture. You will need to get good qualified legal advice and likely representation to get involved in this sort of thing. In theory, the VA OIG has a responsibility, but don't count on it to do much!

I'm not a fan of the current VA practice of contracting out C&P's, due to the way it's done.

After all, for starters, a treating physician should know a heck of a lot more than a non treating one.

In a Nehmer board review of my claim, the board stated that a VA in house performed C&P was incomplete and inadequate, even though it was more or less favorable, then went on to say that no additional C&P was needed or desired, due to the existing medical records and IMO's from treating physicians, and awarded all specific and implied claims, with an EDD based upon the earliest original claim date for one of the conditions. I did disagree with some of the percentages concerning "minor" issues, and appealed them. The examiner did acknowledge in the C&P that existing favorable medical evidence existed, and established statutory level and severity of the primary claim. To me, it was fairly obvious that the VA was trying to avoid a 160% situation.

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Ads

  • Our picks

    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 10 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...

      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.

      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.

      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.

      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"

      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.

      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.


      Example for 2020 using the same disability rating

      1998 - Initially Service Connected @ 10%

      RESULT: Service Connection Protected in 2008

      RESULT: 10% Protected from reduction in 2018 (20 years)

      2020 - Service Connection Increased @ 30%

      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Like
      • 53 replies
    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
        • Like
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
      • 18 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Create New...

Important Information

{terms] and Guidelines