Questioning Raters Request And Attitude

[carlie]

I have a copy here dated Jan. 9,2002 of a Department of Veterans Affairs-

317 Regional Office - Examination Request Worksheet.

Listed

Type of Examination

1430 VAE: Joints

1520 VAE: Respiratory Diseases, Misc.

Remarks: Make the claims folder available to examiners.

The veteran is claiming a lung condition (asthma) and allergies as related to military service. She had at least one cold with notation of maybe some mild bronchitis. She is a smoker. She is also claiming an unspecified right shoulder problem from an injury in 1977. There is an indication in the file that there may be a psychogenic component to some of her complaints.

This bastard -- if he were in front of me right now ! ! !

FYI - the unspecified right shoulder problem got SC'd as chronic bursitis

documented injury in SMR's.

Anyway, my question on this is - I feel that the rater requesting the exam

is not a doctor and is way F**K!#G out of line in putting this statement into the exam request.

He may as well quit hiding behind his little ones and just say,

I request this exam so a doc will agree with me and verify this vet is faking an illness.

Going by M21-1MR this rater IS out of line.

This is from M-21-1MR

13

Remarks

· If known, provide the diagnosis of each disability to be examined.

· As appropriate, state whether service connection has been established for the disability or if it is being sought.

· Restrict other entries to

- any necessary clarifying remarks regarding the issues to be resolved, and/or

- the type of examination requested.

· Provide the name and telephone number of the requestor, in the event clarification is required.

Note: Do not use manual, regulation, or code citations.

14

Specialist Examinations

Explain the nature of the specialist examination requested and the reason for its request in Remarks

carlie

[john999]

Carlie, the person requesting the exam has made very prejudicial statements. If the C&P doctor reads this he will be on the look out for a hypochondria or a person attempting to get a rating under false pretenses. The whole thrust of this is that the problems are the vets own fault or in her head. I wonder how often this happens?

[carlie]

John,

My bet is that if more vets dug through their entire C-file we'd start seeing

quite a bit of this adversarial behavior towards claimants.

carlie

[Philip Rogers]

John,

My bet is that if more vets dug through their entire C-file we'd start seeing

quite a bit of this adversarial behavior towards claimants.

carlie

The VA oftens asks questins that way, pointing the examiner in the direction the VA wants them to go. Certainly improper if not illegal. PR

[Josephine]

Carlie, and John,

This is exactly true. I ask my niece, Dro of course, when I received that horrible last C&P by that lady psychiatrist and she told me that the Dro can and does ask the question in a way to receive the negative review that they wish.

I tried to get a copy of the questions posed at that examination and they were not to be found. I sure hope the BVa has found them.

The lady shrink made me out to be a liar, she attacked my morals, as being one of very loose with a child, somewhere in the world, that I don't claim.

The veteran denies self inflicted injuries," so she says." I want to ask the next physician to locate those injuries.

One medical record states that she is a gravida 3 para 3, but she claims to have only two children, when in fact my medical record states gravida 3 para 2.

She denies an eating disorder," so she says". My medical records state - Severe diabetic.

She beats up her husband every day. What kind of a whimp do they think that he is? For this one he has written a letter and had it notarized, that I do not beat him up and have never had fits of anger.

She denies any article 15's although her commanding officer states she had counseling before discharge. I do not have any article 15"s.

The only counseling that I received is " you will be a disgrace if you leave the service early and you will be giving up all of your G. I Benefits".

This is what my rift is about with that examination.

I have brought to the attention each of these accusations with the BVA and The Management Center and have highlighted in my military and private medical records of 42 years, that these accusations are mere lies and a means of taking a textbook and given me a Histrionic personality.

Axis 1. Chronic Anxiety not otherwise specific

Axis 2. Personality disorder, not otherwise specific , with borderline, histrionic and dependent traits.

This hitheran shrink called me everything a liar and more.

I will never drop this claim, because of her lies and her attacking me and my character.

Thanks for letting me vent again.

It just burns me up, when I see what is happening in this system.

I am begging the Management Center for another C&P, which is under review right now. I want to use this Psychiatrist at the Medical Center as my own IMO.

Josephine

Edited September 30, 2006 by Josephine

[timetowinarace]

So, can we get these requests before our exams?

I don't recall seeing any of the RO requests for C&P in my claims file. Hmmmm, I wonder why they're not in there?

This is a good topic. I just can't think of what to do about it. If we can't read the request before the exam, we're blindfolded untill the exam results are entered as evidence. Then the damage is done. If these requests simply are not put into our c-file, there is no way to prove that the RO suggested an answer to question or allowed their personal feelings to lead the purpose of the exam.

Time

[Guest fla_viking]

Dear Fellow Veterans & Friends

I had a way of forceing the VA to let me see the C&P order when they would not let me and it worked everytime.

Once they said no. I immeaditly filed a emergency writ of mandaumus to the court. I argued someting to the effect that if the court did not intervine I would be foreced in violatoin o VA pt bill of rights to subject myself to a medical examinaton upon which I had no knowlege of what the examinaton was for.

It was words to those effect. Within 2 days the VA allowed me to see the RO orders for my C&P. Everyone should see those orders so your know which of your disablitys are being examined and that they have the right one. The court has ruled against the VA many times for getting the orders wrong.

Terry Higgins