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Finally Got My Records And I Think That The Doctor Did Something Wrong.


SpcDearman

Question

I finally got my MO from the c7p doctor and I am not pleased. My record are about 500 pages long. there are no SMR's in this but I assume that this will come with my personnel record. the doctor opined the less that 50% because due to a psyche record review he noticed that I stated i have been in pain since 92. Can he actually use this due to me not even making a PTSD claim? I was in basic training in 1992 and hadn't even attempted to drive tanks then. I will place the entire opinion here for viewing later on this evening. I did notice one thing though. The RO wanted the opinion not for the service accident but to see if the accident could have aggravated some preexisting injury. Could I fight this portion or simply just hire an attorney or get an IMO.

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The only way to "refute" unfavorable medical evidence is with favorable medical evidence. Your opinion, my opinion, the judges opinion...none of these will "refute" a doc's medical opinion. Only another docs opinion will refute it. Judges are specifically prohibited from substituting their own unsubstantiated medical opinion from that of a qualifed medical professional. In other words, the judge can not "over rule" a docs medical opinion, without some conflicting medical evidence.

This being said, you can "attack" an unfavorable medical opinion, at least part of the time. For example, if the doc who made the opinion was not qualifed to make such a determination, that is, for example, if he was a foot doctor opining on your PTSD nexus. You might even be able to ask the VA for another medical exam, in this case. They may even give it to you, at least one in a million, if you ask.

Sometimes unfavorable C and P exams are "attacked" by the C and P examiner failing to review all the medical evidence. If you were successful in "attacking" the C and P exam, you will still need favorable medical evidence.

The bottom line is, yes, you will need another medical opinion UNLESS you can confront your doc and explain your differnces and he "corrects" your rating. If you do this, go to the doc with evidence as to why you think he overlooked the fact your were injured in service. Docs rarely change their mind, however. You dont necesssarily have to pay for an IME/IMO. Sometimes, you could get a Veteran friendly VA doc to give you a favorable medical opinion/nexus.

Edited by broncovet (see edit history)
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The only way to "refute" unfavorable medical evidence is with favorable medical evidence. Your opinion, my opinion, the judges opinion...none of these will "refute" a doc's medical opinion. Only another docs opinion will refute it. Judges are specifically prohibited from substituting their own unsubstantiated medical opinion from that of a qualifed medical professional. In other words, the judge can not "over rule" a docs medical opinion, without some conflicting medical evidence.

This being said, you can "attack" an unfavorable medical opinion, at least part of the time. For example, if the doc who made the opinion was not qualifed to make such a determination, that is, for example, if he was a foot doctor opining on your PTSD nexus. You might even be able to ask the VA for another medical exam, in this case. They may even give it to you, at least one in a million, if you ask.

Sometimes unfavorable C and P exams are "attacked" by the C and P examiner failing to review all the medical evidence. If you were successful in "attacking" the C and P exam, you will still need favorable medical evidence.

The bottom line is, yes, you will need another medical opinion UNLESS you can confront your doc and explain your differnces and he "corrects" your rating. If you do this, go to the doc with evidence as to why you think he overlooked the fact your were injured in service. Docs rarely change their mind, however. You dont necesssarily have to pay for an IME/IMO. Sometimes, you could get a Veteran friendly VA doc to give you a favorable medical opinion/nexus.

I do understand about the IMO will be needed but I cannot get past the fact that my smr's showed a contusion and the rater asked if there was any way that a preexisting injury could have been agravated by that tank accident. To me it could and I dont understand how that could be less than likely.

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I have had gross mistakes on c&p exams and as Bronco says the only way to correct bad medical is with good medical. When I was trying to get TDIU P&T I had 4 IME's over a two year period. This was the only reason I got my TDIU P&T even though I was on SSD and had 70% rating. The VA came up with all sorts of reasons to deny. They took one half sentence from an early IME to deny TDIU even though the doctor said I could not work and was totally disabled.

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I have had gross mistakes on c&p exams and as Bronco says the only way to correct bad medical is with good medical. When I was trying to get TDIU P&T I had 4 IME's over a two year period. This was the only reason I got my TDIU P&T even though I was on SSD and had 70% rating. The VA came up with all sorts of reasons to deny. They took one half sentence from an early IME to deny TDIU even though the doctor said I could not work and was totally disabled.

yeah its sad. He even asked me "Have you been in a car accident?" I said no. I was in a vehicle rollover in the military.

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An erroneous C and P exam is like a bad call in a football game. You can look at the reruns and say, "Gee, it looks like a catch to me". However, in the end it only matters what the guys in the striped shirts think, not the coaches, players, or fans.

Once the next play happens in a game, the call is not review able, Its final. Same thing with a C and P exam. The docs are the guys with the striped shirts. Yes, the guys in striped shirts make mistakes, but it is their call, not ours.

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An erroneous C and P exam is like a bad call in a football game. You can look at the reruns and say, "Gee, it looks like a catch to me". However, in the end it only matters what the guys in the striped shirts think, not the coaches, players, or fans.

Once the next play happens in a game, the call is not review able, Its final. Same thing with a C and P exam. The docs are the guys with the striped shirts. Yes, the guys in striped shirts make mistakes, but it is their call, not ours.

Yeah but i am just glad that this particular play is reviewable. The Doc fumbled in the last 2:00 drive but the VA neglected to call it. Bronco or any other vet, have you ever seen any claim approved due to a preexisting injury. I will explain why once i receive a response. happy.png

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