Can Ro Overide C&p Rating Decison?

[chiefhouse00]

Greetings

I haven't got an official rating deciding yet but I would like to ask this question as I stress awaiting the final rating decision. Can an RO disallow a recommendation from my VA Doctor and C&P examining doctor to rate me with Restriction of Activities for my uncontrolled DMII condition? I might be jumping the gun on this but I had a very recent C&P for my neck and headaches, and this C&P doctor ask me additional questions about my Restriction of Activities and number of times I was hospitalized. And in her C&P report for my neck/headaches, she added the section for DMII and marked the block that I should not be rated for Restriction of Activities. Can this be done? So can anybody give me some feedback on this issue?

Best Regards

Chiefhouse

[Berta]

A rater does not have the authority to override C & P results because VA raters are not doctors.

Can you scan and attach the C & P exam results here?

(Cover C file number, name, address first)

[Navy04]

Sure don't sound right to me either bud.

[broncovet]

Its like everything else at the VA. While its true, technically, no "lay evidence" can not be used to refute the opinion of a medical professional, and this includes "judges" lay evidence.

This being said, just because there are rules preventing it, does not mean VA will necessarily comply with its own rules.

t

[chiefhouse00]

Greetings

I've calmed down a little since my last post and what I saw on eBenefits today. When I opened eBenefits this morning and to my surprised I notice that I was scheduled for a C&P appointment today. I immediately called the I-800 number and was first told that it looks like I missed the appointment. He further researched the problem and said that it was a General DBQ with another doctor concerning my contentions (he couldn't tell me which one) but I was not required for be present. Well, I certainly learned something new today. This shocker C&P was scheduled before 0700 hrs and completed at noon. When this is all over I will let everyone know the outcome. Very interesting. More to follow...

Best Regards

Chiefhouse

[Notorious Kelly]

Good luck Chief!