Va C&p Examination

[add55p]

All

Is VA required to list a completed VA C&P examination as evidence in a rating decision?

Thanks

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[Philip Rogers]

Generally, yes. There was a recent(within the past couple of yrs) change as to what has to be listed as evidence. Years ago, the court ordered that they explain everything in their "reasons and bases" section but since that change they haven't been doing it. I feel it will probably end up back at the court one of these days. Also, if you had multiple claims and there is no mention of them, in the decision, you are supposed to assume they're denied. Seems to me it's a failure of "due process." jmo

pr

[rootbeer22]

Folks:

Unfortunately, even if the C&P was done incorrectly or improperly, it can still go in as evidence? A lot of vets are having issues lately and I'm not sure if it is a lack of training, resources or attitude by staff? I guess most of it comes down to your own pespective. Someone whom gets a favorable rating, says it was done fairly and if it goes against them it was unfair according to them. I'm committed to writing an article about my experiences with my first claim and my neice whom is a reporter at a major newspaper has agreed to assist me so I;m keeping a record of all of this. I don't have my ratings yet but it's really been a rollercoaster ride which started with the C&Ps and my claim completion dates moving from 1.5, now to 3 years out. Not having much exposure to C&P exams before, I read up on them and went into the exam with an open mind. But I left perplexed at what had occurred? The nurse's first rather turse question was, "why didn't you do this before now? I explained that I was part of a (then) new program as I was retiring and that I provided all of my records and consented to the diasability claim then. But that I never got called for the CP exams? Well she did not believe me at all and had an attitude which is something I've never seen before then? Then two weeks later when I came back for another exma and I had the previously signed forms which confirmed it but she did not seem to care? The Nurse who was doing it had me sit down and answer questions on the C&Ps for all of them and them went back an did all of the exams at once. Originally, I was in a Tank Accident then later and explosion and my back was injured which required majory surgery and I see a prominent pain specialist for it. Anyway, it was very clear that she did not review my records with any detail before I showed up? She also messed up or blended comments from one exam to the others and was not paying attention? Also for the range of motion, she was hurting me by pushing my back and extremities way past the point of pain? So, later when I read them I was dumbfounded at what was either missing or totally wrong on the C&P. As an example, I've had major nerve damage down (confirmed by MRI/CT) on the right side of my back that goes down to my right foot. Like today, I sit on this chair and despite the pain meds it really hurts and burns but despite being very careful during the exam to make a point of it -she never even listed it on the exam at all. But the l12 doctors previously to her did. Later when I said something about it she said, well, "don't worry, the raters look at your "whole" disability file and they'll figure it out -anyway?" The other issue that was kind of strange was that she rendered decisons on conditions that she had no credentials for or background at all on? Unfortunately, from HADIT.com, I've learned it does not matter what credentials the examiner has as it can be used negatively against a vet anyway and there's little to no recourse? When I went to her boss, he told me to just write a buddy statement of what I encountered? That all said, the jury is still out and I'll be interested to see what happens with my ratings? Overall, I've learned that most of this is the "luck of the draw" and I think that's what I'm going to entitle my newspaper article when this is all over...

Edited January 15, 2015 by rootbeer22

[georgiapapa]

rootbeer22,

The NP who conducted my last C & P exam had some errors in her report which could have impacted my rating. I discovered the errors after I got a copy of the C & P report and I faxed my RO a supplemental "statement in support of claim" listing the errors and referenced the previous medical reports supporting my supplemental statement. I received a proper rating for my claim and my supplemental "statement in support of claim" was listed in the evidence considered. You may want to do the same.

[rootbeer22]

georgiapapa:

What form did you use for your statement of support...was it a buddy statement?

Thanks for the information. I was really concerned about my claim being delayed further by adding additional evidence now. However, this inaccurate exam has bothered me ever since that it was done? The part that especially bothers me when the Nurse almost admitted it by saying that "once the raters looked at the whole file they would figure it out" any -so don't worry. Frankly, all medical exams should always be accuate. Just think about the fact that a lot of other vets have probably been adversly affected?

I'm so glad that it worked out in your favor because that gives me hope as well.

My FDC claim moved from 15 months to 37 months last December so, I guess it does not make too much of a difference and I may just do that...besides, as with my military days, it's hard to walk away from something that I know is wrong...

Edited January 16, 2015 by rootbeer22

[georgiapapa]

You are welcome.

[rootbeer22]

georgiapap:

How long did it take to do your first claim from start to finish and how many contentions did you have?