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On The Legal Side Couldn't This Be A Conflict Of Interest...

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Its my understanding that an RO is suppose to send veterans to have an independent C&P exam. If an RO is part of a system say as in St Pete, the Bay Pines system, how can they send a veteran to have a C&P exam in the Bay Pines Region only and not other regions such as Tampa or lets say Orlando. Wouldn't this be a conflict of interest because the word independent?

I am just curious about this because I see the RO using doctors in their system is a conflict of interest.

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We have been saying that for YEARS.

Could you imagine if this was how civil court procedures were handled?

The only truly independent medical opinions a vet can get, usually come from a doctor who is Not paid by the VA,but paid by the veteran.

Is it Fair? Of course not.

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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I agree but most are well aware that whomever is paying the freight for anything, the provider of

the service will usually provide a bit more loyalty to the payer of the bill.

If a claimant want's they are always more than welcome to pay the cost of a private opinion and submit

it to VBA. This also provides the claimant with an opportunity to hire a bigger gun and outweigh the VBA doc's

credentials, and more likely than not provide full medical rationale from viewing the claimants SMR/STR's along with

all medical records. This could be either an IMO or IME.

Many times claimants will feel they can't afford to do this.

I say, eat bread and water for awhile if you have to, after all this is

actually an investment in obtaining your benefits.


Carlie passed away in November 2015 she is missed.

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So if the VA uses their own doctors like they do then its NOT an independent examination as the regulations read.

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  • HadIt.com Elder

Technically, yes, they are using independent examiners, as they are not VA employees but are residents/students and residents are doctors. Now if they use employees, such as NP's, PA's or other employees, that would be in violation. jmo


Edited by Philip Rogers
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Right. I know my nurses were PA at my C&P Exam this past Saturday. The nurse doing the pre-exam even offered to submit a prescription, she noted needed taken care of, this Monday. Not one of my C&P Exams over the years was ever performed by an "Independent Medical Examiner". But, who are we, when the federal system knowingly breaks their own regulations and guidelines. Guarantee their attorneys have an answer for the loophole. I'm just sayin'

Edited by Motherof3
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