Worst Tbi C&p Exam Ever

[manni]

Hello all,

So today I went to this C&P exam for my TBI increase (currrently rated 10%, decreased from 40% which I had earlier). I'm already diagnosed with TBI after IED and a suicide bomber.

Anyway, so I sat infront of the Doctor waiting for him to ask me anything. For 20 minutes he didn't say anything, he was just reading my medical notes on his screen. Then he asked me, what about your dizziness when did it start? I told him a week or two after the incident. He told me no, not true!!! I was like WHAT!!?? He said not true. I was really surprised as I didn't expect to say this.

He didn't ask me anything more about my dizziness he was about to continue reading when I told him that I went to ENT specialist outside the VA and he told me that my dzziness is related to my ears, I gave the papers that I got from the ENT clinic. He looked at them and then he gave them back to me. He told me, this is nothing, there is no diagnosis and no medication mentioned here. Ofcourse the diagnosis was there (menier's disease) but he chosed to ignore it. Then I told him here are the medication (Dyazide and Diazepam). He said no doctor will give this for dizziness. After that I decided to stop arguing with him.

His next question was about my headaches, he asked me if I have any headaches. The answer was yes. How often? The answer was more than once a week. He replied more than once a year? NO, more than once a week. More than once in two months. NO, more than once a week. I think he was paying stupid or something because then he asked if I said more than once a month, and I answered no sir, it's more than once a week like six a month.

He asked about medication, and I, again, showed him notes from a private neurologist, which mentioned Hydrocodene and Gabapentine 600mg 3 times a day for migraines. He did the same thing again, he said no neurologist will give Gabapentine for headaches and it's given for tingling. I told that's what the specialist gave me.

Then he said we are all done. No physical exam and no any other kind of exam. That's it, it took about 40 minutes .

So can anyone tell me what to do now and how to proceed from here. I think I lost my claim for dizziness and there is no way that I can appeal it, or reopen it. Any advice will be highly appreciated.

Thanks and sorry for this long post

[panatech]

Manny, I understand your sentiment. Sometime the C&P seems like a platform for the VA to deny claims. I am no expert on the VA claims process, but logic would tell me that a C&P like that would possibly yield a CUE or perhaps may be easy to rebut. I agree with NavyWife but in my experience getting those Nexus and also a doc to say that there is a connection with your disability and your time in service could be next to impossible. Not sure but maybe the doctors have been give directives to avoid providing those, maybe because they don't have the necessary credentials or may be to avoid liabilities. In either case you could also search this forum for IMO, which in y opinion provides some of the most comprehensive information I have come across online.

Do your own research in order to "avoid becoming another victim/denial in the percentage rate game". I started at 20% and I am currently at 70% after almost 20 years and the only reason why it took so long was because I felt helpless every time they denied me only to open the claim at a later date and get approve and compensated for less time that I deserved.

Good Luck,

[manni]

I really appreciate all the advice that I'm getting from everybody.

Navywife, I filed for TBI increase and asked for dizziness to be added as secondary to TBI. Why I did this? Everytime I go to the VA hospital to complain about my dizziness or headaches or anything else, they will tell me it's all related to my TBI and I have to learn how to adapt to this new me. So I thought if TBI is causing all this mess why I'm rated at 10% only. That's what made do this, but like I said this examiner said i didn't complain from dizziness before, why I'm doing it now. The simple answer would be, because I have menier's but then if he already decided something even before seeing me then it would be hard to change even with evidence like the note from ENT specialist.

I also don't think he was trying to test my reaction because from all these medication that I'm taking it's so hard to get a reaction from me.

God bless you all and thanx again

[mrmark1999]

Hey manni if you go to a civilian doctor for an IMO (Independent Medical Opinion) or IME (Independent Medical Evaluation) this is one of the statements needed to be in their medical opinion to create a Nexis or a (Connection or related to Military service)

VA law requires the "as likely as not" standard. Doctors are used to stating opinions to a medical certainty. That is a much higher burden of proof. Show your doctor the following chart. It may help.


How to give an opinion for Nexus (relationship to a military incident)?

When asked to give an opinion as to whether a condition is related to a specific incident during military service, the opinion should be expressed as follows:

1. “is due to” (100% sure) benefit to the veteran

2. “more likely than not” (greater than 50%) benefit to the veteran

3. “at least as likely as not” (equal to or greater than 50%) benefit to the veteran

4. “not at least as likely as not” (less than 50%) benefit to the VA not the veteran

5. “is not due to” (0%)" benefit to the VA not the veteran

They have to state the exact words as listed above in their medical opinion they must also stater that they have reviewed all of you Military medical records and any continued treatment from your civilian records

3 things that must be shown is

1) In service incident or records

2) Continuation of issue over years

3) Current diagnosis of same problem

Good luck and be very patient

Edited December 7, 2014 by mrmark1999

[lotzaspotz]

You can also challenge the C&P exam as being inadequate, thus flawed, by sending a certified letter to your RO and stating your reasons. Also, was your claims file in the room? If not, the the examiner did not review it as he was obligated to do.

Don't do this until you receive a copy of the results and have in fact determined that it didn't go your way.

[Berta]

In this BVA case, from a widow

The Veteran's Meniere's disease was, as likely as not, aggravated beyond the natural progress by the service-connected TBI."


if you have been diagnosed with Menieres , this is a disability separate from TBI, that can be service connected separately if the evidence warrants it,.or found to have been aggravated by the TBI.

In this BVA case, from a widow

"The Veteran's Meniere's disease was, as likely as not, aggravated beyond the natural progress by the service-connected TBI."

http://www.va.gov/vetapp14/Files1/1413141.txt

The remand is for a posthumous decision on TDIU.

Whether you have SC Menieres or NSC Menieres, the regulations involving "aggravation" due to a SC disability are found within this link:

.

[Matthew Hill]

Manni:

I'm not sure if you got your rating yet but I had some thoughts on what you can do with these ratings.

Usually what a doctor says always trumps what the veteran says when it comes to a medical diagnosis or the severity of a disability. This is not the case with migraines or dizziness. I would write out the details of your problems with both of these issues. State how often you have the migraines and if you need to lie down to help them go away. Also, state how long the migraines last. If they are once a week how does it affect your week-- i.e. if you work does it cause problems with the job or does it interfere with maintaining a job. Then turn to dizziness and discuss the how often and what happens when you get it.

Next, I would get as many statements from loved ones and people that see you on a weekly basis and have them answer the same questions that you discussed above. If they can't answer some that is fine, just get them to answer what they can.

After that, you need to write out a statement about your experience in the C&P exam. This statement needs to be factual and cold-- i.e. no emotion. Now that is easier said than done. When I come across something this awful sometimes I have to write a rough and raw draft. One where I lay out all my anger, any appropriate four letter words and anything else that comes to mind. Then, I walk away from it for at least 24 hours. If I have more distance from the problem at that point, I edit out all the emotions and stick to the cold facts. You don't need to state that the exam was a joke and that the doctor was a hack. Your story will make that plain. At the end, I would request another exam due to the inadequacy of this exam.

Overall, you want your statements and friends/family statements to be factual-- no discussion of what your rating should be or how the exam was unfair, just how much these issues affect you.

I would strongly encourage you to get an outside exam too. But the above is a lot easier place to start.