Requesting A New C&p

[hmcquade]

Is it possible to request a new C&P? I had one on 4/25/14, it lasted less than 1/2 hour and my claim for PAD secondary to my SC DMII was denied based on what the C&P Dr. wrote even though I had 2 Drs. who are treating me stated it was connected.

Has anyone very tried to get a new C&P, if so how do you do it and with whom?

Thanks,

Hugh

[Navy04]

I have had C&Ps that were less than 10 minutes, so that is not unusual. The two DRs that diagnosed you, are they thru the VA. Only VA docs typically can state whether a condition is Service Connected or not. As long as there is hard evidence in front of the Examiner, you will always win in the end.

[USMC_HVEQ]

I'm sorry to hear the rushed C&P news. As far as requesting a new C&P due to not liking the outcome there are a few things you can do. Based on the denial, you can file an NOD (notice of disagreement and state in your opnion what you are seeking, but an appeal (gonna take a long time), De Novo review (which is another examiner in the VA RO look at your claim independently), Reconsideration (not sure if this is the same as de Novo review) or get IMO/IME that is from a doctors others have been successful with (might not have to be, just want your stuff to go through. As others may have stated, as long as the evidence is in your records then it should be ok. They need the dots connected for them. Sometimes they can do it, other times they need someone else to do it for them.

I'm sorry if I gave any incorrect information. I'm just trying to chime in with my 2 cents worth. I wish you good luck.

[hmcquade]

I'm sorry to hear the rushed C&P news. As far as requesting a new C&P due to not liking the outcome there are a few things you can do. Based on the denial, you can file an NOD (notice of disagreement and state in your opnion what you are seeking, but an appeal (gonna take a long time), De Novo review (which is another examiner in the VA RO look at your claim independently), Reconsideration (not sure if this is the same as de Novo review) or get IMO/IME that is from a doctors others have been successful with (might not have to be, just want your stuff to go through. As others may have stated, as long as the evidence is in your records then it should be ok. They need the dots connected for them. Sometimes they can do it, other times they need someone else to do it for them.

I'm sorry if I gave any incorrect information. I'm just trying to chime in with my 2 cents worth. I wish you good luck.

I spoke with my DAV SO, we are going for a reconsideration. I am getting more IMO's.

Thanks,

Hugh

[hmcquade]

I have had C&Ps that were less than 10 minutes, so that is not unusual. The two DRs that diagnosed you, are they thru the VA. Only VA docs typically can state whether a condition is Service Connected or not. As long as there is hard evidence in front of the Examiner, you will always win in the end.

My DAV SO told me to get statements from my family Dr. and my endocrinologist stating it was as least as likely than not that my PAD was secondary to my DMII. Well unfortunately what was need was a fully developed IMO from both Drs., I was not told that, so the C&P Dr. stated that there was not any medical evidence to support a Nexus, and the RO denied the claim.

Hugh

Edited May 28, 2014 by hmcquade

[NavyWife]

Make sure your IMOs or IMEs contain the exact wording va uses for the nexus statement. Also, make sure they state a full medical rationale or reasoning of why it should be SC.

[63SIERRA]

heres something else you can do, Get the copy of the CP report. Go over it, and line by line check it for accuracy, against factual medical data that you have. If you can find enough hard evidence to rebutt what the CP examiner wrote, then send the evidence and with the CP examiners report to the RO. If the CP exam was done by VES, you can call them and make a complaint., VES tracks complaints against the doctors and will get rid of them if the screw up too much. I myself did this, and got a new CP exam. I had hard facts though that the doctor was in error. It was not an error of opinion, but of medical fact.

I had a ding a ling weenie doctor that must have gotten his licese out of a cracker jack box, or the MD behind his name stand for Mighty Dumb, wrote that my kidney surgery scar was 0.01 inches, and not painful. Well its 13 inches, and quite painful at times. He never asked me if it was painful or not. So I got denied. I had a new CP exam with a different doctor, who could use a tape measure, and had some damned common sense and told me he would be surprized if it was not painful because of the location and size.

NEVER forget, these CP docs work for the VA.