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C&p Examination By Medical Center

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Josephine

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  • 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
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  • 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

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  • 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.

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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.

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