Jump to content
VA Disability Claims Community Forums - HadIt.com Veterans
  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0

C&p Examination By Medical Center


Josephine

Question

  • HadIt.com Elder

Hi Everyone,

I have stood firm that the Va Psychiatrist changed my military and private medical records of 42 years. There is absolutely no truth in anything that she says and my medical records clearly shows this.

I typed a rebuttal and sent one to the medical facility and one to the R.O or DRO and ask for a new C&P due to the changing of my medical records.

I received my answer, when I received a denial for benefits. We note your displeasure with the findings of that examination. However the fact that a claimant may disagree with the findings on a Va Examination does not mean that the examination report is erroneous or otherwise inadequate for rating purposes.

That a veteran may have been treated for a particular condition while on active duty, does not mean that the condition will automatically be considered service - connected. In order to establish service conection, there must be evidence of a Chronic Disability or Disease directly linked to Military Service.

Why does the illness have to be Chronic for service - connection?

My anxiety took many years to be considered Chronic?

Dr. C. prescribed Librium and Caffergot for nerves and headaches and arranged the two consulations with the listed below Psychiatrist in Military He has written a letter, last year to clarify his military records of me.

In service Dr. J Psychiatrist states staff member in consultation today for mild nervousness, headaches and irratability.

My second consultation with Dr. M. Board Certified Psychiatrist, states primary medical condition same.

I already know that the R.O doesn't care, if you prove to them that your records have been changed.

Does the BVA and The Appeals Management Center really check this out when you constantly bring this to their attention.

If the lady shrink had followed by what was typed in my military and civilian records, she could have not have came up with the opinion that she did.

Nothing bothered her in service!

Does Va. Regulations, allow a Va Doctor to change your Military and Private medical records?

Will the Appeals Management Center check this out. if you keep bringing it to their attention.

This is what the remand states to do:

After the above development has been

completed, the veteran's claims file

should returned to the board of VA

psychiatrists who participated in the

April 2005 examination for clarification

of the provided opinion. They should be

requested to review the record and

reconcile their opinion as to etiology in

light of the evidence added since their

examination of the veteran, including the

May 2005 statement of Dr. B C.

C and the January 2006 statement of

Dr. P.

If neither of these examiners is

available, the RO should consider whether

the veteran should be scheduled for an

additional examination by a board of two

VA psychiatrists for an opinion as to

whether there is at least a 50 percent

probability or greater that an acquired

psychiatric disorder was incurred in or

aggravated by active service. All

indicated tests and studies are to be

performed. Prior to the examination, the

claims folder must be made available for

review of the case. A notation to the

effect that this record review took place

should be included in the report.

Opinions should be provided based on the

results of examination, a review of the

medical evidence of record, and sound

medical principles. All examination

findings, along with the complete

rationale for all opinions expressed,

should be set forth in the examination

report.

Does anyone know the rules and regulations governing these C&P's?

Thanks for I value your opinion. I know that an IMO would be ideal, but no luck finding one to take on a case of 42 years.

Josephine

Edited by Josephine (see edit history)
Link to comment
Share on other sites

  • Answers 12
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

12 answers to this question

Recommended Posts

  • HadIt.com Elder
This isn't an answer to your question, but I am wondering if you have filed a claim for the headaches that you had in service?

BoonDoc,

Yes, I have but no one will acknowledge it.

When I filed my first claim in 1978, I filed for anxiety, depression, headaches.

2002 - I filed for anxiety, depression and headaches.

My answer was a pension in 2004 - you are 100% disabled back to 1983 due to anxiety, depression, headaches, rheumatic heart disease, high blood pressure, inner ear Vestibular disease, diabetic, isk stroke. and hypothyroid.

That is when I wrote to the Archives in St. Louis and they sent to me all of my psychiatric records and the letter from the commanding officer, explaining my early discharge by unsuitability.

I turned this in to the DRO, in 2004, and filed and appeal for service connection for the anxiety, depression and headaches.

I received a statement of the case in 2004 - which stated you may be denied for ---- due to the possibly of a personality disorder.

With the Statement of the Case, The DRO Stated, this is not my final decision, we are sending you for a C&P for Acquired CHRONIC Psychiatric disorder. NO MENTION OF HEADACHES!!

The Dro also sent me a Form 9 to fill out within 60 days, so I had to feel it out before I had the C&P.

Va Medical Center C&P with a Diagnosis of Anxiety not otherwise specific with depression, although he mentions my headaches in his write up. More likely than not her anxiety and depression a result of service due to my taking the same meds in 1967 and my discharge in 1964.

I was transferred to another R.O and I ask them about the headaches, I even sent them a copy of the NoD.

Second C&P For Chronic Acquired Psychiatric Disorder. Nothing bothered her in service.

AGAIN NO MENTION OF HEADACHES.

Case went to the BVA and again I mentioned and sent them a copy of the Nod which states Anxiety, depression and headaches.

My case at the BVA is for an Acquired Psychiatric Disorder with anxiety and depression.

NO MENTION OF HEADACHES!

Remanded to Appeals Management Center- I wrote them a letter about the Nod for Headaches.

They said they were working on it.

Now to answer your question, I have filed for headaches since 1978 and no one will recognize that I am filing for it.

Both C&P elaborate on my headaches, but that is it.

Thanks and sorry for the long answer,

Josephine

Edited by Josephine (see edit history)
Link to comment
Share on other sites

Josephine, although we personally have had more luck at the AMC, I would encourage you to remember that the VARO, the Board of Veterans Appeals and the AMC are all part of the VA system.

You may need to prepare yourself for your claim having to go outside the VA system, to the judicial system, at the Court of Veterans Appeals, to have it objectively reviewed. Of course, a win at the Court level means your claim would be remanded back to the Board. But, at least at the Court level, you can engage the services of an attorney to represent you in your appeal.

It may take that to succeed with your claim.

Link to comment
Share on other sites

  • HadIt.com Elder

Vicki,

Yes, I realize that they are all one large group and they may be nicer at the management center, but I am prepared to take this case to the next level.

I am sure that they are aware of this.

I have been told to wait and see if the management center gives me another examination and if this doesn't work and I receive another denial. I will be contacting the Health Professions and turning Dr. L in for committing fraud with the intent to deceive by changing all of my military and private medical records.

When you have something in writing , then there is no denying that it happened.

Had she used my medical records as they were written, she could have never came up with the decision that she did. It is not plausible and it is all lies.

I have a trunk full of papers and have contacted a lawyer to represent me if this happens.

I know that these strange things keep happening because my claim is open to 1978.

Thanks a bunch!!

Josephine

Link to comment
Share on other sites

"Thanks for I value your opinion. I know that an IMO would be ideal, but no luck finding one to take on a case of 42 years. "

Josephine -a good psychiatrist who renders medical opinions would certainly review your case and opine on it-

These Vietnam vets and WW II vets have decades between their service and their claims, sometimes.

We had a widow member here whose husband served during WWII and developed syphilis.He died and only through obtaining two independent medical opinions did she finally prove his death was service connected.

The VA itself is opining -in your situation-on 42 years -so an independent medical opinion would be doing the same thing.

Link to comment
Share on other sites

Guest fla_viking

Dear Fellow Veterans & Friends

I have made many postings about getting out of the RO system. This is an example of how the VA gets the vet to spin there wheels for years at there level. An IMO introduced at the BVA level on appeal is a good idea. I would not even let the RO have a crack at denyiing your claim with the new IMO. BVA can see that new evidence and rule accordingly.

Terry Higgins

Link to comment
Share on other sites

  • HadIt.com Elder
Dear Fellow Veterans & Friends

I have made many postings about getting out of the RO system. This is an example of how the VA gets the vet to spin there wheels for years at there level. An IMO introduced at the BVA level on appeal is a good idea. I would not even let the RO have a crack at denyiing your claim with the new IMO. BVA can see that new evidence and rule accordingly.

Terry Higgins

I have contacted Dr. Bash's partner about an IMO. I am going to resend info.

Thanks,

Josephine

Link to comment
Share on other sites

  • HadIt.com Elder

The doctor does not have to be 100% sure only "as likely as not" that your condition was aggravated or caused by your service. You are supposed to have the benefit of the doubt. Unless the doctor said it was at least as likely as not your anxiety was service connected I would not send that IMO to the VA. That will come back at you as ammunition against your claim.

Link to comment
Share on other sites

  • HadIt.com Elder

Josephine

Be very careful what this psychiatrist writes about you. I think he is lazy and useless. His statements could hurt you more than help. I would find some other doctor to help me. I would not even mention him to the VA. When doctors write very useful letters and say that you are service connected and all the right buzz words the VA will still try and find something they can twist around to hurt you. Get rid of this guy.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
×
×
  • Create New...

Important Information

{terms] and Guidelines