For The Record

[betrayed]

In another post someone had mentioned if you give a doctor something you had prepared like notes during a C&P they must include it for the record, is this true? Where does it say this?

[Berta]

Jim- dont know anywhere it is written but

I gave one vet a printout from the VA web site to show he was exposed to asbestos and to take this to his C & P and others I suggested if they had an IMO and the VA had not seen it yet-bring that to the C & P too if it is relavent to the C & P exam.I have given other local vets stuff like that- even if the doc doesnt want to see it, they know the vet has evidence-

especially if they SSA for same disability-this is real good to show the C & P doctor.

I think that anytime a vet can bring something to a C & P that could help them they should do it-

Pictures can say a thousand words too-

got one vet (1151 claim) whose stomach looks like a land mine hit it- he took a nice color photo to his C & P and also a statement right from his med recs I found, where a VA doctor daid his surgery residuals were affected by poor after-treatment.

We bought 38 CFR to a C & P once- just the part about not having the med recs present.I had a funny feeling about this C & P all day.It was at another VAMC.

And sure enough they could not find the med recs at all.

The doc would not let me in (PTSD C & P for my husband) and I could have whipped out the regs as I heard them in another room still looking for the med records.but as soon as we saw his report I called the doctor up and questioned it- because he didnt have the med recs.

They threw that C & P report out.

Odd thing-some vet had started to work Rod up in the waiting room about the Nam-the vet didnt have an appointment -I dont know why he was even there-I got stuck with this vet during the C & P exam -3 tours, secret missions to Cambodia, special agent ,no record of his stressors, yeah right-I worked with combat vets in a vet center and I thought he completely was full of sh-t.

But my husband didnt even want to talk about Nam at all during the C & P as things this guy said to him

really bothered him.I think the guy made it all up.

99.9 % of the Nam vets I know don't talk to strangers about their kills.Sometimes even their wives don't know.

This guy was sitting there bragging about kills. what an a-- hole.I think he was a wannabee.

That C & P could have really hurt Rod because he would not talk.

But then he switched shrinks and he talked and talked - the Shrink he got was a Vietnam veteran and had been a psychiatrist in country - Dr. Quirion -one of the BEST PTSD doctors that the entire VA ever had.

Edited September 26, 2006 by Berta

[JR Reihs]

Jim,

I started doing that after 3 C&P exams that were denied doue to a secondary condition.

I had a very GOOD IMO from a private Ortho that was never looked at or mentioned in the previous exams, on the 4th exam I had a another IMO from the same doc, as soon as the C&P started I handed the examiner the IMO and questioned him as never reflecting this on the 3 previous exams, he said it was not in my C-file, I then grabbed the C-file and found it with 30 seconds, and told him he must include both IMO's as new medical and include it in my C-file.........the end result was, I got SC for claimed condition.

BTW...I had the RO stamp the IMO before I went to the C&P so it had to be included. I would recommend anyone who has a IMO before the C&P to do this, it realy throws the C&P examiner a hell of a curve ball they cant hit, and betters your chances since they will have a lot less time to try and wrangle a way to shoot the IMO down.

Edited September 28, 2006 by JR Reihs

[Guest jstacy]

I handed a VA pulmonary function test to the examiner which the VA said was new and material. I told the Ro that in My ssoc they said they had all of the VA records and no it was not new and material. It was a document int he VA's posession and part of the record.

I advise All vets seeking comp to get a copy of the claims folder. The claims folder is different from the c-file. The C-file is a document that hospitals use to get information about a patient electronically. It helps them decide if a ER Patient is legit or just wanting another fix.

[Berta]

Jeff- you made a very important point-

I am glad you posted this- as it is a point I tried to make to my vet reps -to no avail-

I had an excellent IMO which the DRO would not consider because she said she could not read medical information (I aint kiddin on that-she was new to the DRO job and the guy who said he would help her with my claim-the first one she got as a DRO- he retired and never came back to the RO). My vet rep had been pushing for Benefit of Doubt with the IMO (so he says -my POA has no documentation at all that the IMO was discussed)

He left the DRO and called me and said he suggested that she get a VA "expert" opinion to resolve the issue. I was not happy as I had to knock down many of these "experts" in the past.But I said- the "expert" should have the IMO (actually there were 2 IMOS) when they do this exam-and he said "of course they will have your IMOs".

It is always easier for a doctor to diagnose and opine with another IMO to refer too.

There is a psychological advantage too when a vet has already been diagnosed by a doc and it only takes agreement with the medical facts.

The "expert" opinion was AWFUL-wasy to knock down -yet they ignored my response to the SOC it was in- even though I had 60 days to respond-but I got another IMO from Dr. Bash and he completely demolished the socalled "expert" opinion .

The points he made make it look like she didnt know what she was doing-

Points in my response to this made it look like she didnt have a clue either.

I emailed her with some of the medical points of evidence she had ignored and the VBA or someone sent me a response that there was nothing she -the "expert" could do at this point as the SSOC was already prepared.

We were in the same boat Jeff and I believed my vet rep was pulling for me on this but then it seemed that he didnt care at all that his statement "of course" on the IMos were ignored.

The VA endocrinologist came out looking like she was incompetent.

I bet she is a good doctor but I have been through this many times-

The VA deliberately gets a C & P write up without giving the C & P doc all they need.

Cripes- one doc said Rod died of cocaine overdose! He was drug and alcohol free and of course nothing in his med recs or autopsy supported anything like that.I had a big fight with that doctor and after he found out what the VA withheld from him- he would have helped my on my present claim with a VA IMO but I knocked down 2 of his already.

A good doctor and a good man- but pressured relentless for what the VA wanted him to say.

He told me he never knew there had been an autopsy and knew his opinion was wrong.

Thanks Jeff- this is prime imformation for anyone with IMOS-

I think maybe the reason I got a fast remand with them working on it all now is because I sued them for property destruction of my IMOS since they have never been considered for 2 years.

[JR Reihs]

Berta,

The element of suprise is a great tool for a Vet to use against the VA, and this is one tactic I would always suggest to any Vet filing a claim. Getting a IMO before a C&P is the smartest move a Vet can do, it makes the VA adjuticators do their job most of the time.

I have been following your claim since I got on this board several years ago, you have been a insperation to all here in your will to never give up, and your awards from the VA have shown that persistance with proper ammunition will defeat the VA evildoers every time.

My case was borderline, the DAV would not even persue it, so I did that part of the claim myself, it has been a amazing ride thru the VA maze, one that I would not like to repeat, but when you help Vets, you again strap yourself back into the rollercoaster for another ride, and each ride gets a little bit easier due to this board and the people on it, and for that I thank you all.