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 (see edit history)

[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

[Guest fla_viking]

Dear Fellow Veterans & Friends

I also argued that I could not give consent to a VA medical procedure if I had no knowlege of what it was for. Consent is required by the VA pt bill of rights

Terry Higgins

[Former Member]

Carlie gave us an excellent post the other day on this problem-

Carlie- do you have the Name of this CAVC case?

I accessed Bielby and some of the other cases it cited.

In my 2nd IMO- I might be repeating myself here- Dr. BAsh picked up on the fact that the VA expert was given apparently only one or two questions to answer and he said she based her opinion on outdated information. The entire essense of the claim, medically, has never been addressed at all by VA.And according to them -my vet rep never even talked to them about my initial IMO.

I did not see the significance of this until I read Carlie's post---the VA examiner -in my case- was being led into what to say-no wonder she never saw the veteran's complete medical recorfds, or autopsy or even the FTCA award---she already knew she only had to answer 1-2 questions-and the DRO would accept that as medical fact.

Bash said point blank that the VA doctor was wrong and told them why.

Men and women - The VA has a predonderance of evidence to award my claim.But only part of one page of a submission of my evidence was ever used.

It was a page of medical abbreviations I found in the med recs and then looked up in MediLexicon.

The examiner said my interpretation was wrong of these abbreviations (standard in the medical community)

and in my rebuttal I reminded the VA that it was by using a medical text in 1995, I proved they had caused my husbands death, as the abbreviations held the hidden VA screw ups.

You all might recall when I asked here what DVD meant? In 2003---

I had just found this in the med recs and had not looked it up yet---

Diabetic Vascular Disease-per MediLexicon and other texts used in the standard medical community.

Yet the VA expert tried to make medical history by saying it meant something else.

It was part of a medical cover up-in 1992-the part I didnt see when I won my FTCA claim.I just though they were all dopes- but some of the VA doctors in 1992 knew exactly what was wrong with my husband, hide the facts in the med recs,quashed the recommendations of the single doctor who wanted further tests done, and took a chance that we would never ever find out.

This doctor's free IMO was very brief but as a former VA doctor he gave me the first medical statement that showed my claim was solid.

It took me many months to find him but that work was well worth it.

You sure have to read those socalled VA expert opinions in SOCs real good-

they think just because some doctor states it, we have to buy what they are selling.

A bad VA expert opinion has to be knocked down step by step because if you dont challenge it , they will accept it as fact.

That case is great Carlie- I just don't know what case at CAVC it is from.

CAVC cases can be offered with evidence, and they are better then BVA decisions when one needs to support legal points involving medical assessments.

I will send them this case if I need to provide further rebuttal.

Edited October 1, 2006 by Berta (see edit history)

[Guest fla_viking]

Dear Berta

You might also check your records for nexus of disablity periods. The VA loves to keep seperate disablity periods and make no connecton between the two as required by law. Myself and other vets forced the VA to look at the orrigonal phoney diagnosis of personality disorder and the latter schizoid and you can see the exact same sypmtoms in the two reports. To keep the two disablity periods from ever meeting. The VA loves to skew the record.

Terry Higgins

[Josephine]

Hi fla_viking,

Myself and other vets forced the VA to look at the orrigonal phoney diagnosis of personality disorder and the latter schizoid and you can see the exact same sypmtoms in the two reports

How did you and the other veterans loose the personality disorder?

I am blinded from going through 42 years of medical and military papers, in hopes that the management center grants me another C&P.

If they never gave me any kind of psychological testing in 1964 with my early dishcharge, how can they be so sure that I have one.

When did they start treating personality disorders with librium?

My first C&P stated no signs of a personality disorder, only the second C&P, nothing bothered her in service.

I notice that I have one paper from the Archives that states:

Enlisted Performance Evaluation board sheet

name -------------------------------- EMOTIONAL IMMATURITY

DISCHARGE WITH CODE 460

BOARD OPINION AS TO CHARACTER OF DISCHARGE

TWSR

UNSUITABILITY

SIGNATURE OF BOARD MEMBERS.

DEPARTMENT OF THE NAVY

COMANDING OFFICER

-------

-------

Subj; ---- NAME

ARTICLE C - 10310, BuPers Manual, Code 460, reason not to be shown

How do I rid myself from this Personality disorder. My claim is with the Supervisor of the mangement center and do not have time for an IMO.

thanks,

Josephine

Edited October 1, 2006 by Josephine (see edit history)

[john999]

I still have the personality disorder thing, but surperimposed on that is panic disorder, MDD, and schizpohrenia, and a few other conditions they threw against the wall and they stuck. Mine was emotionally unstable personality. I guess if you have panic attacks and feel like jumping out of your skin then you are unstable. The VA finally compromised and came up with pseudo-psychopathic schizophrenia.

[Josephine]

John999,

They can add blooming idiot to mine, if I can just win this long forever claim.

Just a little humor, as your answer made me laugh.

Not at you, what you said.

thanks bunches!

Josephine

[Guest fla_viking]

Dear Josehpine

WIthin one year of service I had a bunch of psych tests done and they gave personality disorder. 2 1/2 years latter I was hospitlized in a VA and vets home for 10 years. I again was given the same tests and was told I was schizoid at that time.

The VA fought like hell to keep the two disaboity periods from ever being reviewd together or allowing a C&P to take place because the VA knew the Jig was up if that happen. The psych tests I took in 1981 had the exact same wording, description of symptoms and results as the tests of personality disorder. I told the VA the court ruled they have to superimpose the two disablity periods and see if there is any links. The VA finelly reconized the two tests results were the same, only the conclusions were differnt. The VA after 22 years granted me my C&P, then after 25 years granted me my claim with 1 year back pay.

Terry Higgins

[Josephine]

fla_viking,

What a disgrace. Goodness, anyway that you can go into the new law and collect any of the backpay.

From what I have read on this site, I will definitely be a blooming idiot before this is over, for I refuse to give up.

Thanks so much for your help.

Always,

Josephine

[free_spirit_etc]

http://www.hadit.com/library/law/971178colayongvtogo.htm

AOAS COLAYONG, APPELLANT, v. TOGO D. WEST, JR., SECRETARY OF VETERANS AFFAIRS, APPELLEE.

12 Vet App 52412 Vet. App. 524; 1999 US App Vet Claims LEXIS 8851999 U.S. App. Vet. Claims LEXIS 885

No. 97-1178

August 17, 1999, Decided

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

Before NEBEKER, Chief Judge, and HOLDAWAY and STEINBERG, Judges.

Disposition REVERSED IN PART AND VACATED IN PART AND REMANDED.

Counsel Marshall O. Potter, Jr., for the appellant.

The Court holds that the questions that the RO presented to that orthopedic specialist in the engagement memorandum were fatally flawed in that a "question may not suggest an answer or limit the field of inquiry by the expert." Bielby v. Brown, 7 Vet. App. 260, 268-69 (1994); see also Austin v. Brown, 6 Vet. App. 547, 552 (1994). The Secretary has conceded the impropriety of that memorandum. Under _CFR_4.23 38 C.F.R. § 4.23 (1998), "rating officers must not allow their personal feelings to intrude . . . and fairness and courtesy must at all times be shown to applicants". That regulation was violated by the engagement memorandum prepared here. Moreover, the memorandum also violated a requirement in _CFR_4.1 38 C.F.R. § 4.1 ("it is thus essential, both in the examination and in the evaluation of disability, that each disability be reviewed in relation to its history" (emphasis added)), because it gave the examiner discretion as to whether to review certain prior medical records. See Green (Victor), supra ("thorough and contemporaneous medical examination" is one that "takes into account the records of the prior medical treatment, so that the evaluation of the claimed disability will be a fully informed one").

[Wings]

http://www.hadit.com/library/law/971178colayongvtogo.htm

COLAYONG v. WEST

The Court holds that the questions that the RO presented to that orthopedic specialist in the engagement memorandum were fatally flawed in that a "question may not suggest an answer or limit the field of inquiry by the expert." Bielby v. Brown, 7 Vet. App. 260, 268-69 (1994); see also Austin v. Brown, 6 Vet. App. 547, 552 (1994).

The Secretary has conceded the impropriety of that memorandum.

Under 38 C.F.R. Sec. 4.23 (1998), "rating officers must not allow their personal feelings to intrude . . . and fairness and courtesy must at all times be shown to applicants". That regulation was violated by the engagement memorandum prepared here.

Moreover, the memorandum also violated a requirement in 8 C.F.R. Sec. 4.1 ("it is thus essential, both in the examination and in the evaluation of disability, that each disability be reviewed in relation to its history" (emphasis added)), because it gave the examiner discretion as to whether to review certain prior medical records. See Green (Victor), supra ("thorough and contemporaneous medical examination" is one that "takes into account the records of the prior medical treatment, so that the evaluation of the claimed disability will be a fully informed one").

EXCELLENT CITATION Free Spirit !! Good research !!

[free_spirit_etc]

And I found it here at hadit!

Free

http://www.hadit.com/library/law/971178colayongvtogo.htm

EXCELLENT CITATION Free Spirit !! Good research !!