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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[georgiapapa]

First Claim: 1970. 24 months. 1 contention

Second Claim: 2010. 12 months. 2 contentions.

Third Claim: 2011. 14 months. 3 contentions.

None of the above claims were FDC claims.

[63SIERRA]

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...

This is pretty much SOP/ unless you get lucky and get a good CP examiner who cares abt veterans.

Also why would she waste her time reading your files when it was already decided to stick it to you, that would be a waste of her time, wouldnt you think? Its only a little exam that will affect you for the rest of your life.. No need to write things down .

What is pathetic is out of around 20 million veterans alive today, only abt 3.9 million recieve compensation, thats less than 20 percent. Everybody knows damned good and well that ALOT more vets should be getting some sort of comp.

Even though the VA is skating on paying millions of vets compensation, they STILL try to and usually succeed , in denying the paltry 20 percent of us " whiners, freeloaders, bums, squatters, liars and trouble makers " out of our rightful medical care and compensation.

[georgiapapa]

I used the 21-4138 for my original Statement in Support of Claim and also my supplemental Statement in Support of Claim.

Good luck to you.

[add55p]

All

is the C&P examination required to be listed/noted in the evidence section of the rating decision by the rater??

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[georgiapapa]

add55p,

I would think any relevant evidence considered in the award decision would have to be listed in the evidence section. I just checked my old award decision packages and they all listed the C & P exams in the evidence section. They were listed as "VA examination dated xx/xx/xxxx" rather than "VA C & P examination dated xx/xx/xxxx."

Hope this helps. Good luck to you.

[Buck52]

Its always a good thing to spend a little cash and go get a qualified IMO, and submit as evidence, remember good probative medical evidence wins!

In a rating decision they use the medical evidence favorable to the veteran.

Never trust a VA C&P from a VA Doc or NP or PA.... & if your not sure go get copy of the C&P.

Edited January 17, 2015 by Buck52