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Va Rater Asks Examiners Opinion?

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thomasc

Question

So I was reading over my C&Ps report and the VA rater is asking the C&P examiner to provide "an opinion as to whether or not the veterans service connected disabilities render the veteran unable to secure or maintain substantially gainful employment." Does this seem like a question the VA rater should be answering the C&P examiner according to new FL 13-13?

I have attached a Page from C&P, take a look at highlighted area, Thanks.

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Edited by thomasc
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To get TDIU P&T from the time I filed for TDIU I had four IME's. The VA fought me at every point on the road. They denied my increase to 70% even though I had SSD. They denied my TDIU even when I got 70%. They denied P&T even when I finally got TDIU. I used IME's each time to over come the, denial. A good IMO/IME is the best tool a vet has available. It is a small investment compared to the reward. Put your anger on the shelf for a while and just the IME. If that does not work then see if you can get the sleep doctor or TBI doctor to admit your injuries are related primary/secondary. That will be hard.

John

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Wow, sounds like the VA put you through the ringer! I am getting an IME - Sleep apnea, TBI. Both have been diagnosed but denied service connection.

I am amazed how the VA overlooks evidence.

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I have had an IMO along with my C and P the rater has used the NP opinion this is what is bias about the VA I've decided to turn my claim over to my attorney , let them fight the loop holes I had and awesome C AND P exam it the NP opinion that I disagree with, the guys knows the law I dont. have any one have consult an attorney/

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I had an attorney tell me that "substantially gainful employment" is ANY employment through which the veteran can earn enough wages to meet federal poverty minimums. In 2014, for one individual, that amounts to $11,670.

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Based on the findings of the C&P exam, the examiner who is chosen to perform the exam should have the required professional credentials to make that observation. The rater is asking the examiner to make a recommendation as to whether those exam results indicate TDIU is warranted. The rater is doing what the rater is expected to do. Please keep in mind that raters are not physicians or attorneys, and many of them have a formal education that ended after the 12th grade.

However...

We know here that the examiners chosen to conduct examinations are not always qualified to do so, or to make recommendations. I'm currently challenging an examination that was conducted by an Anesthesiologist when it should have been performed by an Endocrinologist, since it involved adrenal insufficiencies and the secondary effects of medication to treat those conditions. I first got a copy of the exam results, then started researching the background of the examiner, i.e., medical specialty, whether the person is an MD, PA, NP, whatever.

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