C & P Gone Wrong

[Closure]

Hello Everyone,

I have a question, I recently had another C&P for an increase of my SC Bipolar disorder which has been SC since 2005. However, the Dr. staed this time that my SC Bipolar is not related to my military service. My question is why would she say that when the exam was not for that but for an increase. Since being SC for Bipolar I have been awarded SSDI soley based on my SC Bipolar Disorder. Also, I have been hospitalized four time this past year 2013-2014 for my Bipoar Disoder. The question is will this take away my SC Biploar which is currently rated @ 30%. Also I requsested another C&P exam. Dr. stated that my service treatment records were not available for review so therefore how can she make a decision. The last C&P Dr. was very thorough in her report for which I had my SC Bipolar established in May of 2011 of which was retroactive to June 2005.

Thank you all in advance for the HELP!!!

Closure,

[Philip Rogers]

I don't know about the rules but what happened to me was in 2000 I was awarded 30% for both knees. On 06 I went in for an increase. When I got there the Dr greeted me with "hello how are you today" standard greeting and I gave the stardard answer of fine. I did not think of it at the time. Well the Dr did no exam and told the VA that I said I was fine and did not hurt anymore. That was not true. The VA took that through out all the other evidence and dropped me down to 0%. It took me 3 years to get it back then 4 more to be rated to 60%.

I am not saying that this will happen to you but I would definitely start getting everything you can in order just in case. Get a new exam from your Dr showing you still have problems and be ready to dump all new evedance you have. Also maybe you can file a complaint about the exam and hopefully they would request a new exam.

Just hang in there and don't give up on it ever. When you have the problems and they are service related don't let them pull there tricks to get you to drop the claim or to accept a low ball

Good luck

Diver

diver - the rule is "never say fine," because the VA is always looking to screw us. My personal statement is: "I'm still alive, if you can call it that." The problem is that claimants often present their best when going to a C&P exam. They dress up as if they are going to court, when they should show up wearing their worst. The veteran is watched from the minute they walk in until the minute they leave. Nowadays, w/all the technology, vets would be wise to wear a hidden camera/voice recorder to all of the VA appointments, just in case. jmo

pr

[Philip Rogers]

diver - back to your original question. They could remove your SC but you also hit the 10yr rule, this yr. My personal choice is that I'd file for an increase in the bipolar rating, especially if you've had four hospitalizations, within the past year or so. I had a friend, who committed suicide about 5 yrs ago, that was rated 100% for bipolar. Also, if you receive SSDI, solely for bipolar, you should absolutely win a 100% rating. And you could possibly win that 100% SC rating back to the date SSDI considered you disabled. jmo

pr

[Notorious Kelly]

Many doctors are psychos who say inappropriate things My last Medicare doc was one; (he just retired many years too late )

One example: A C&P examiner in Vegas wasn't happy at my reticence about a rectal exam. He said, "Good thing you're not gay, huh?"

So, you can't always put much weight on an examiner's words.

Good luck!

[Tbird]

diver - the rule is "never say fine," because the VA is always looking to screw us. My personal statement is: "I'm still alive, if you can call it that." The problem is that claimants often present their best when going to a C&P exam. They dress up as if they are going to court, when they should show up wearing their worst. The veteran is watched from the minute they walk in until the minute they leave. Nowadays, w/all the technology, vets would be wise to wear a hidden camera/voice recorder to all of the VA appointments, just in case. jmo

pr

they say how are you and i say "here"

[diver]

Yes I agree I now just say alive. I did not mean to hijack the thread I was just trying to say to Closure tha with the VA bad things can happen and to start to prepare for the worst just in case and to never let them get away with it.

Diver

[Berta]

I sure agree with PR.....

they cannot lower your comp, in my opinion,. and they owe you more comp, either TDIU or 100% as PR said, from what I see here.

Here is the Legal concepts of reducing a rating due to sustained improvement and I hardly think those fairly recent hospitalizations come be used by VA as "sustained improvement".:

"Legal Criteria

In considering the propriety of a reduction, the Board must focus on the evidence available to the RO at the time the reduction was effectuated, although post-reduction medical evidence may be considered in the context of evaluating whether the disability had demonstrated actual improvement. Dofflemyer v. Derwinski, 2 Vet. App. 277, 281-82 (1992).

In order for a rating reduction to be sustained, it must be shown by a preponderance of the evidence that the reduction was warranted. Sorakubo v. Principi, 16 Vet. App. 120, 123-24 (2002). The burden of proof is on VA. Brown v. Brown, 5 Vet. App. 413, 421 (1993).

Specific requirements for reducing a rating are set forth in 38 C.F.R. § 3.344(a) and (b), which prescribe that only evidence of sustained material improvement under the ordinary conditions of life, as shown by full and complete examinations, can justify a reduction.

http://www.va.gov/vetapp12/Files4/1229578.txt

"Apply the provisions of 38 CFR 3.344 to percentage evaluations that have been at the same level for five or more years.

Measure the five-year period from the initial effective date to the effective date of actual or prospective reduction."

In the Reasons for Decision

· outline the time period in which application of 38 CFR 3.344 is based

· cite evidence of sustained improvement after one review examination, or a preponderance of evidence showing sustained improvement based on more than one examination, and

· explain why it is reasonably certain that improvement will be maintained under the ordinary conditions of life.

Source:http://r.search.yahoo.com/_ylt=A0LEVvS3gKlU0SUAGZ4PxQt.;_ylu=X3oDMTByODJtaWUzBHNlYwNzcgRwb3MDMwRjb2xvA2JmMQR2dGlkAw--/RV=2/RE=1420423480/RO=10/RU=http%3a%2f%2fwww.benefits.va.gov%2fWARMS%2fdocs%2fadmin21%2fm21_1%2fmr%2fpart3%2fsubptiv%2fch08%2fch08_secd.doc/RK=0/RS=jsJAImL3Iz51LqB.ZDZtFngOL8w-

Here is 38 CFR 3.344

http://www.law.cornell.edu/cfr/text/38/3.344

This C & P doctor sounded like a C & P newby,...was she really a shrink?

"Also I requsested another C&P exam." GOOD!!!!!

"Dr. stated that my service treatment records were not available for review so therefore how can she make a decision." Right...She cant.

"The last C&P Dr. was very thorough in her report for which I had my SC Bipolar established in May of 2011 of which was retroactive to June 2005."

Is the VA aware that you have received SSDI solely for the Bi Polar?

And are they aware of the hospitalizations,in private or VA hosps?

PS is correcrt here:

" Also, if you receive SSDI, solely for bipolar, you should absolutely win a 100% rating. And you could possibly win that 100% SC rating back to the date SSDI considered you disabled. "

You could possibly have a favorable EED ,using the SSA award...I need to find that reg and post it here.

The VA did this in my husband's case:

30%PTSD 1983

VA attempted to drop this to 10% 1988...they changed their mind when I sent them a NOD.

30% SC for PTSD at death with a claim pending for higher rating. 1994 I had to continue to support the claim with evidence.

SSDI award solely for PTSD with EED of Nov 1991. 3 years prior to death.

VA kept saying they couldnt get the SSA records. It was BS. They got them.

100% P & T for PTSD posthumously granted in 1997 with EED of Nov 1991., same date the SSDI award used.