Disability Process Got Me Down

[rootbeer22]

Folks:

This whole disability process has got me down. I got some of my CP Results and they are lackluster at best? Just when I thought that the exams were done and I have been making progress...it looks gloomy at best?

I literally lived in a Tank, my first two years in the Army. My wife who was newly married to me then wanted to leave because we were not together much while I was in the field. I loved the Army and I wanted to be a Tank Commander since I was in the 6th grade. Early in my career, I was severally injured twice, once in a anti-tank ditch accident and then a year later in a tank main gun explosion. So, now as I filed my claim the doc says" how do we know that you were injured in the Army?" Well, how many civilian professions use Army Tanks to do their work...none that I know of? I actually was given a Class AI flight physical and passed it when I first came in because the Army needed helicopter pilots but I still got Tanks like I wanted. But with all of the injuries and sacrifices and with good SMRs, it's almost like I'm begging to get covered for the conditions that only could have occurred in the Army? I know other vets have been through this drill before and the lack of respect really stings...I know, it's not over yet and I'm a fighter and that we vets are a sturdy group...one thing is for sure..this site has taught me a lot....and I appreciate the advice about educating ones self about the process which is important if one wants to keep their sanity until the final letter comes...then one may still have to do a Nod or even worse an appeal. I guess I thought having my stuff together by learning everything about the FDC would make the difference..... but not always...?

Edited March 12, 2015 by rootbeer22

[MarkInTexas]

Was it a VA, or a VA-contracted C&P? You might need to go get a private Independent Medical Examination with a medical opinion to trump it. Also make sure you have all your records personnaly.

Mark

[rootbeer22]

Markintexas:

It was a part time contractor working at VA C & P Facility and seemed like a pretty good guy? I think he was just trying too be cautious but did not seem to look at the records that I gave him including very detailed evidence including CTs and MRI's? I' m finding that the Regional Offices are not sending SMRs for the examiners and when SMRs are provided , they don't seem to review them? I'm an analyst and thought that proving good SMR evidence would make the difference but it does not seem to? Certainly, on an appeal it would be compelling but why not do it right the first time? I don't know, maybe it's like Social Security where most get rejected at first and then after considerable effort, they start approving the claims...?

Edited March 12, 2015 by rootbeer22

[MarkInTexas]

It happens. They were missing most of my SMR's on my VA C&P's.....wasn't until I got my C-File that I noted they didn't even have them available. IME/IMO with the SMR's available should be helpful to your case. Keep on fighting!

Mark

[georgiapapa]

rootbeer22,

I agree with Mark. I would go ahead and try to line up some good specialists to conduct IMEs and prepare some strong IMOs for you as soon as you receive your rating decision. However, I would wait until you actually receive your rating decision before you go to the expense of actually hiring the specialists because your rating decision could be the opposite of what you expect. You really never know what will happen the VA. JMO

[Buck52]

rootbeer22

I certainly understand your frustration, unfortunately C&P's are not what we usually expect the results to be.

Even with good medical reports in your favor if the Dr's don't take the time to read them and base their report on just a few questions (during the C&P Exam) then any medical evidence you have is useless this is obvious!

I found in my experience with C&P its not always what we think,( the Doc some anyway) makes you feel the examination went good and your mind is at ease but to only be low-balled sorta-speak, they make you think everything is going to be fine...and get your hopes up, only to find they never read your evidence and medical reports that is so important in a C&P, and if a VA Examiner ever tells you I see your here for an increase in your compensation/or new comp claim and at the end of the examination he/she says ''its not me that makes the decision I will follow up on this report'' you can go check out now''.....you can bet your booty this examination will go south!

If you think you got a bad C&P you can request another one with a different examiner or if you ever have a DRO Hearing at your RO you can sit down with the DRO an explain about the unfavorable C&P As to how the VA Examiner was and how he/she never addressed your medical reports while examining you as well as any negative you observed during your exam.

I am so sorry all of this is happening to you but please realize your not alone!

Just keep hanging in there and keep on fighting you will win soon Bud!

...............Buck!

Edited March 12, 2015 by Buck52

[Buck52]

rootbeer22

If you have good medical evidence in your favor and denied?

Request DRO Hearing at your RO.

DRO can expedite your claim if you have good medical evidence that is in your favor they usually will rebut the C&P Examiner.

Sometimes I think C&P is useless!

jmo

.............Buck!