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

[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

[Berta]

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fact that the VA expert was given apparently only one or two questions to answer and he said she based her opinion on outdated information.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

[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

[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