Why Does One Need A C&p Examination

[Josephine]

You have to remember that the doctors at the VAMC don't service-connect anything, the RVSR (Ratings Veterans Service reperesentive) does this. The doctor can state anything they want, but the decision to grant or deny service-connection lies soley with the regional office.

What good is a C&P Examination?

Josephine

[Guest jstacy]

Jpsephine, That statement is correct to some extent. A C@P is obtaining a medical opinion on a claim. It all depends on how the Examiner writes it up. They must apply a good reason and basis for their opinions as well as use the magic words the Regional Offices are seeking. At least as likely as not related, 50 percent.

Most likely 75 percent sure , was due to, 100 percent sure.

Now the person I spoke to yesterday said that over 600 C@Ps are performed at the facility every year and the RO has not went against an opinion yet.

Now as far as the Rating officials making the determination, Medical evidence and the application of the laws and regulations are what service connects diseases.

In most case the Rating officials that overturn a good C@P examination often lose at the BVA. I believe a Good C@P exam puts claims in relative equipose and should give the benefit of doubt to the Veteran.

But also heed what I have always said before, Some regional offices will not grant anything unless they are forced to by the BVA or Court.

Dont lose faith in the C@P in the system, Paranoia, can cause blindness and not all VA Employees are out to get Vets. There are actually some fine compassionate people who I respect very much and they happen to be C@P examiners.

[Josephine]

Thanks.

Josephine

Edited October 14, 2006 by Josephine

[Pete53]

The VARO grants precious few awards without a C&P. Don't ask me why its just the way they operate.

[Josephine]

I just wondered why they ordered them and then it appears they have the right to make their own decision and not use them.

Thanks,

Joephine

[Vike17]

The reason the RO's don't grant many claims without C&P exams done by the VA is 99% of the private doctors out there don't have the first idea how to administer a VA C&P exam i.e. going by the VA's Physician's guide. When the C&P is done according to the Physician's Guide then the exam is generaly sufficient for rating purposes. How often does a veteran have a private doctor that routinely does their write-ups with all of that stuff needed for a sufficient rating? Not very many! I have helped a few veterans with their claims and had their doctors do a write-up in accordance with the VA's Physician's Guide and they were awaded service-connection with out having to see a VA Doctor. I'm not saying this will happen all of the time, but does happen.

The VA isn't trying to purposely dely a claim. There is such a back log, they're tying to crank out decisions as fast as they can. That's probably why some of the craziest errors happen. The quality of the work goes down when they have to try and crank these things out left and right! As far as costing the government money, it doesn't matter when the veteran prevails, the VA still has to pay the same amount. Whether it's a lump some payment or the monthly benefit paid, the amount is the same and the effective date is the same. And they certainly aren't trying to shut any one up. You would be surprised at how many combat veterans work at the regional offices as RVSR's or VSR's working their fellow veterans claims!

Vike 17

[Josephine]

vike 17,

As you have already read my remand and may remember some of it. This is where I am at.

My first C&P was by a PHD Psychologist with a More Likely than Not Anxiety began in service.

My file was transferred to another Regional Office, when the C&P results came in, as my niece is a DRO at that R.O.

She had always told me that she had signed off when I was in the rating board. Not true.

5 months after I was transferred to another R.O for rating. I was send before a Board of Two Psychiatrist, Male and Female.

The C&P was full of lies and slanderous accusations, none to be backed up by any of my Private or Military records. She committed fraud with the intent to deceive.

I will if I have to, turn her in to the Virginia Board Of License.

The male Psychiatrist would not sign the C&P.

Their determination nothing bothered her in service.

The C&P was so full of lies that I sent a rebuttal to the R.O and the Medical Center and requested a new C&P.

I did not receive one.

8 months later, I received by denial.

We place our weight with the Psychiatrist, because they are Psychiatrist.

I had received my Statement of the Case before I received my first C&P with a form 9 to turn in. I did this.

With the form 9 being at the BVA months before my denial, when I received the denial, my time at the BVA was only a couple of months.

I made sure that everyone knew about the legalities of my claim and the slanderous lies written in the C&P and drew a child proof map for the BVA to locate the lies. From Military to Private medical records, to compare with what she had typed.

The remand states -

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. M P.

The Mangement Center also had the choice to send me for another examination, but they have chosen the fair route.

I fill this is victory for me.

Now my file is back at The Medical Center on the desk of the Male Psychiatrist. He has had it since Tuesday.

I was told by the BVA that my examination is the first one to be send back to the Psychiatrist to explain why they did what they did in 25 years.

I know that he refused to sign it the first time, what can I expect from him this time? Will I be allowed to pick up a copy of his write- up at the Medical Center.

I will not allow that lady psychiatrist tell me that the medical records state that I have 3 children, but that I claim to have only 2. That is a dern lie. I have two daughters and my medical records state this.

Eating disorder is severe diabetic.

Self - Inflicted wounds- never.

I know that the board has disagreed with my doctor of 29 years being a Board Certified Internist, but he knows me better than they do in their 45 minutes.

I will not let that lady lie about me and my character.

The BVA wants to know" What was the reason for her early discharge of 13 months"? I was taking Librium for my nerves and Caffergot for headaches.

I have a letter from the commanding Officer that only states Unsuitability ( No reason).

I know that I filed in 1978 and again in 2002 and received a pension of being 100% disabled as of 1983. The Va never secured my Psychiatric Records from the Archives, I did this myself in 2004.

My DD214 Code 460

Does it appear that my claim is finally getting on the right track?

Thanks,

Josephine