Debunking Exams

[SpcDearman]

RDawg and whomever can answer this question. i am still waiting on my C-file so i have been doing some research on my C&P exams. It looks as if my C&P doctor did provide a negative opinion on my claim that did get that portion denied. It seems as if the VA wanted to know if a preexisting injury that I had could be aggravated by two tanks wrecks in the military. He opined that it would not be possible for this to happen. It really didn't even explain what the rational was. I was wondering if I should stop feeling happy due to finding something out about my C&P doc. This gentleman is a PA ( texas registered in 2011) who specializes in General Medicine opining on residuals of an Orthopedic injury. Couldn't I just get an IMO from a specialist in that field to EASILY debunk this opinion? I should be able to simply get one from my PCP ortho doctor easily right?

[broncovet]

Yes. Medical evidence is the only way to refute medical evidence. If possible, get an IMO that is at least as thorough as the original one you are trying to debunk. In other words, have him review your entire records, make sure his credentials are at least as good as the QTC quack who helped deny you, and have him give rationale as to why he opined your condition is at least as likely as not from military service.

I think an IME is better than an IMO; an Indpedent medical exam means he saw you, while an independent medical opinion could mean he viewed only the medical evidence and based his opinion solely upon other docs opinions.

[71M10]

Yes an IMO should be able to debunk the C&P exam. Additionally, if he did not provide a rationale as to why it was not possible for the tank accidents to aggravate your pre existing injury that opinon should not be considered.

It would be nice if someday we (or a lawyer working for a client) could submit interogatories to C&P examiners and rating specialists for DRO reviews or APPEALS. I imagine it could look something like this.

1. Have you ever seen the inside of an Abrams M1 tank sir?

2. can you state what occupant restraint systems are available, do you know if the subject in question was restrained during both accidents?

3. Please state the G forces that would be applied to the human body when two 60+ ton objects collide at a speed of 35+ miles an hour? Additionally, could you please computate the amount of energy (in calories since you are a physician) that would be dissapated in such a collision?

4. Have you completely and thouroghly read the subjects claims folder to include service medical records?

5. How long did it take you to read the 750 pages of records(initial claim of course, for a 1 term enlistee)?

6. How many C&P exams do you do each week and do you completely read all of thier records?

I would remind you before you sign and submit these interogatories that you are attesting to these facts as part of a administrative legal proceeding and all statutes regarding perjury and sworn statements do apply.

I know, it isn't ever going to happen, but a guy can dream can't he????

Best regards,

[SpcDearman]

Yes an IMO should be able to debunk the C&P exam. Additionally, if he did not provide a rationale as to why it was not possible for the tank accidents to aggravate your pre existing injury that opinon should not be considered.

It would be nice if someday we (or a lawyer working for a client) could submit interogatories to C&P examiners and rating specialists for DRO reviews or APPEALS. I imagine it could look something like this.

1. Have you ever seen the inside of an Abrams M1 tank sir?

Yes sir I have.

2. can you state what occupant restraint systems are available, do you know if the subject in question was restrained during both accidents? Yes sir but they were inoperable. They also are like the old fashioned car back seat belts. (lap only)

3. Please state the G forces that would be applied to the human body when two 60+ ton objects collide at a speed of 35+ miles an hour? Additionally, could you please compute the amount of energy (in calories since you are a physician) that would be dissapated in such a collision?

Could not speak opine without speculation. The soldiers tank was moving at approximately 35 miles an hour and immediately came to a complete stop by hitting a wall.

4. Have you completely and thouroghly read the subjects claims folder to include service medical records?

No, I just went to whatever dates that somewhat support my decision due to my belief that the vet will not appeal this decision.

5. How long did it take you to read the 750 pages of records(initial claim of course, for a 1 term enlistee)?

2 days. (Me?, I haven't gotten past page 200)

6. How many C&P exams do you do each week and do you completely read all of thier records?

I do read one. It just so happened to be a buddy of mine

I would remind you before you sign and submit these interogatories that you are attesting to these facts as part of a administrative legal proceeding and all statutes regarding perjury and sworn statements do apply.

I plead the fifth

I know, it isn't ever going to happen, but a guy can dream can't he????

Best regards,

I am going to answer this like a true examiner above.

[71M10]

I would imagine that wall was no longer a functioning wall after the collision!!!

I never served in or with armor, but knew a gentleman while at Fort Meade that had the privilage of accidently driving off of a cut/small cliff on a manuever range at full speed in an Abrams(happend at Knox). He related "for just a few seconds it was airborne, then we hit, snapped both tracks, the TC came out of the hatch and landed on the tank, I was jammed forward and broke my collar bone and jaw in two places. The TC was more concerned about the reaming he was going to take than his and the crews broken bones!"

It amazes me at some of the statements C&P doctors will put in files. Statements that if you have just a smidgen of objectivity, you can see cannot be founded in fact or rational thinking.

Was your pre-existing medical condition kyphoscoliosis per chance?

If it was, and you were a tank crew member, you might have that IMO also talk about the effects of working in a confined space and moving heavy objects when stooped over (or was the munitions handling automated?).

Best regards,

[SpcDearman]

I would imagine that wall was no longer a functioning wall after the collision!!!

I never served in or with armor, but knew a gentleman while at Fort Meade that had the privilage of accidently driving off of a cut/small cliff on a manuever range at full speed in an Abrams(happend at Knox). He related "for just a few seconds it was airborne, then we hit, snapped both tracks, the TC came out of the hatch and landed on the tank, I was jammed forward and broke my collar bone and jaw in two places. The TC was more concerned about the reaming he was going to take than his and the crews broken bones!"

It amazes me at some of the statements C&P doctors will put in files. Statements that if you have just a smidgen of objectivity, you can see cannot be founded in fact or rational thinking.

Was your pre-existing medical condition kyphoscoliosis per chance?

If it was, and you were a tank crew member, you might have that IMO also talk about the effects of working in a confined space and moving heavy objects when stooped over (or was the munitions handling automated?).

Best regards,

i was a BFV crewmember. The drivers hatch is slightly smaller than that of an M1. I am waiting on my SMR's to get here. I am assuming the route of preexisting injury was the way the RO was going. I have to take my hat off for him/her for attempting to make some correlation.

I did become a vehicle gunner and did have to load ammo manually. Imagine the M1 loader having to load from the BOTTOM versus right behind him. After my tank accident,(which did happen at night) I was placed as a dismount carrying a Singar radio and all my normal equipment. This is where the pain really started getting to me. Imagine humping for 3 clicks with an 80 pound ruck sack and a 30 pound radio on "contused shoulder muscles". This is probaly where the tears came in. Oh that and constantly being dropped by an E-6 that hated me so bad that he engraved a live m-16 round with my last name. The IG did not like that at all. Wait a minute. I finally figured out why I was pushed out so quickly and did not receive an adequate exit eval. That e-6 was about to gain e-7 and spend the last 4 years of his enlistment in Germany. After I reported him he lost his promotable and had to stay at Ft. Hood for that last 4 years. he hated Ft. Hood. The first sgt told me i needed to go and get my exit physical due to me no longer being a specialist but a civilian. Hmmmmm.

Edited December 4, 2012 by SpcDearman (see edit history)