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C&p Exam Without Notification


marinevet61

Question

I recently found a c&p note in myhealthevet that was completed by a MD in Asheville VAMC.

I am a Camp Lejeune vet and have a claim for Camp Lejeune contaminated water. All Camp

Lejeune claims are supposed to be at the Louisville Ky RO. The examiner stated that my cfile

And my military medical records were used along with 5 studies from Vistaweb Webcrawler,which

Was not in detail only web addresses.This exam was done February 13 2015,the examiner did not

Have my medical evidence to review,because it was not entered into the system until February

19 2015. The term TREMOR was used by the examiner, this is incorrect. The correct term is

Tumor. Can this exam be used against me or can I ask for this to be reconsidered? Any advice

Will be greatly appreciated.

Marinevet61

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19 answers to this question

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I would ask them for a correction right away.

I suggest you use the IRIS system (ask for email reply) and/or (maybe using both is better)

send the Director of the VAMC and your VARO an email.

I have all VARO Director email addys if you need it.

"Can this exam be used against me or can I ask for this to be reconsidered? Any advice
Will be greatly appreciated."

Yes they can use anything like this against you.

There is a tremendous difference between tumor and tremors.

We have the wife of a Camp Lejeune vet here who did get an award for his disability under the bad water regulations.

That is such a major error that they need to get on it right away.

I assume to (having been through this many times) that the examiner probably made more medical errors in the exam as well.

I am fighting over a posthumous C & P opinion now. Not a single statement in the report was medically accurate or true.

I dont believe any medical person even prepared it

The opinion went against an probative and favorable opinion from a top cardio doctor who works for VA Central.

I was denied any statement as to why they didn't apply Relative Equipoise (Benefit of Doubt)

This resulted from me contacting Ms. Hickey in February as my RO had never acknowledged 2 claims I filed in late 2012.

The claims then were immediately denied and I took fast action.

They are now being reviewed at VA Central.

Also you can contact the Secretary or Under Secretary.

Robert.A.McDonald@va.gov Secretary VA

Allison.Hickey@va.gov UnderSecretary VA

Welcome here and Thank you for your service!

Edited by Berta (see edit history)
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This concerns me too:

"This exam was done February 13 2015,the examiner did not
Have my medical evidence to review,because it was not entered into the system until February
19 2015. "

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Totally agree with Berta, and make sure you do this asap, as the more time goes by, gives the VA more time to screw with you. Good luck and God Bless!!!

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Yes do as Mrs. Berta says!!!!! She is the Queen of this site and knows more than the VA knows! I rebutted the second I noticed mine but it also put me into a spiral downward due to my mental conditions. Did not know c@p examiners could and would do that behind your back. I guess they don't know we have myhealth blue button and can see almost everything in our records. Some of it is hidden though, I found that out when I went to records department and asked for a certain evaluation. It was in there but said not available to patient. Lady was nice enough to print it off for me

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Today I received notification that my claim for Camp Lejeune contaminated water has

Been denied. This came from my VSO. I am appealing this decision due to the examiners

Lack of evidence that was reviewed. If anyone has any suggestions as to the best way

To proceed with the appeal, any help will be greatly appreciated. Sent the following

With my medical evidence:

Nexus letter from oncologist

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Atlanta VARO Director Bocchicchio

Al.Bocchicchio@va.gov

Phone 1-404-929-5819

Fax 1-404-929-5818

You can also send them an IRIS , go to www.va.gov, click on Contact Us,then click on Ask a question.

Ask for an email reply, as they can say anything they want,by phone reply.

Maybe you should wait for the actual decision first......

Did the Oncologist follow our IMO criteria here at hadit?

Saints, I am hardly the queen of this site...we have MANY here who help...and soon I will need to be spending a lot less time here ...as soon as the snow melts ...

However, the USPS guy calls me the Amazon Queen.

I buy a lot from amazon.com. Not many big stores out here in the boonies.

Edited by Berta (see edit history)
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Thank you Berta,I gave my oncologist a sample of a nexus letter and he wrote his

Letter in his own words. He said in his opinion that the tumor was at least as likely

As not caused by the contaminated water at camp Lejeune. Can you tell me what you think

About the following statements,VSO says final decision was made by the first examiner

Louisville says final decision was made by medical doctor on rating board. I am so

confused about he said,she said. Do you have any suggestions as to what I should do

After I contact the VARO? Is there anywhere online that I can find the actual decision

Or do I just wait? Can you send an outline as to the correct steps I should use in filing

An appeal.

Thanks

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marinevet61,

Did your oncologist support his opinion in his IMO with reasonable medical rationale (medical articles, toxicology reports, other professional opinions, etc.)?

If your oncologist only stated it was his opinion that your tumor was "at least as likely as not" caused by the contaminated water at Camp Lejeune and did not include reasonable medical rationale supporting his opinion in his IMO, the IMO would not be considered a credible medical opinion for the VA to service connect your tumor and grant disability compensation. Make sure the IMO contains the reasonable medical rationale before you submit it to the VA. According to the VA, a majority of the Camp Lejeune water contamination claims are being denied due to the lack of "credible medical opinion" showing a connection between the claimed disease and the contaminated water at Camp Lejeune.

I hope you prevail with your claim. I served 1968, 1969 and 1970 at Camp Lejeune and received my drinking water and bathing water from the Hadnot Point water reservoir. My serious diseases are all on the Agent Orange presumptive list so I have not found it necessary to file a claim for any disease due to the Camp Lejeune water contamination.

Good luck and take care of your self.

Semper Fi.

GP

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  • Moderator

Good Advice GP!

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

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Georgiapapa

My oncologist did not refer to any medical studies or toxicology reports. He commented on the surgery

And stated "He has no other known risk factors for glioblastoma". Correction of oncologist statement

At least as likely as not. " it is in my opinion, more likely than not,his brain tumor is related

To contaminated water exposure"

He also referred to the aphasia that I now have due to the tumor.

Edited by marinevet61 (see edit history)
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marinevet61,

I believe the IMO prepared by your oncologist will have to show how he arrived at the opinion that your brain tumor was caused by the contaminated water at Camp Lejeune. I am just not sure that a general statement that you have "no other risk factors for glioblastoma" will pass muster with the VA. According to info on the Internet, the only known risk factor for glioblastoma is radiation exposure.

You should research TCE, PCE, benzene, and vinyl chloride to see if you can find anything suggesting these substances may be associated with brain cancers. Perhaps, if you could find some studies or medical articles showing a connection between any of the toxic agents found in the Camp Lejeune water and Glioblastoma, you could submit the info along with the IMO.

Hopefully others will chime in and give you their suggestions.

Good luck.

GP

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Remember they try everything under the sun to be denied!

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

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Thanks georgiapappa for the info. I do have some articles and studies on the

VOCs. I am going to try to get my neurologist to write a letter for me. All

I can do is ask. I have tried for 18 years to get my cfile and my military

Medical records,all to no avail. Wrote letters to NPRC all they sent was my

Personnel records,which I already had.Finally I called congressman's office

And requested help in getting my medical records. After all this time they sent

A CD which cannot hold more than 10 pages to the congressman's office and it

Was forwarded to me via mail. I know that my military medical records contain

More information than the CD has on it.

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I agree with Berta, but would add that, in your NOD (after you get the decision), you should include the portion in blue in your NOD, per Chris Attig:

(The blue portion contains wording which challenges the medical examiner's credentials). Remember, the medical examiner is presumed to be competent absent a rebuttal by the Veteran. So, if you appeal and say nothing about the examiner competency in your NOD, your attorney can not bring that issue up at the CAVC.

Edited by broncovet (see edit history)
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marinevet61,

Just sent you another private message.

Semper Fi.

GP

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