The Va Is So Full Of S#%t

[magnolia_318]

Got the results from my second C&P. It was a total 180 degree difference from the first C&P. Same doctor that said " It is at least as likely as not that veteran is able to maintain substantial gainful employment based only on his service connected myasthenia gravis", now says I am absolutely fine and that "I am able to maintain substantial gainful employment based on my service connected myasthenia gravis AND pericarditis." The VA is so full of s#%t. I'm really frustrated and pissed at the underhanded nature of the VA system. There has been no substantial change between my first C&P 9 months ago and now, besides starting chemotherapy to treat the myasthenia gravis. So my questions are:

• How can they justify coming to such a different conclusion with no real improvement in my condition.
• Being that my case was remanded back to the RO and they are going to make a decision based of this bogus C&P exam, which will likely not be in my favor, will I still have the opportunity to bring this back up to the BVA being that the BVA already remanded it back to the RO?
• My case is 10 years old, so are they looking to make a decision based off a current C&P exam or are they looking at my condition over the past 10 years. i.e. 2 surgeries, chemotherapy every 6 months, plasma exchange once a week for the past 6 years, and numerous admission to the hospital or does this C&P carry the most weight

I really fell like the RO gave this doctor a call after the first C&P and instructed her on what they wanted her to say. I'm really pissed off. Any guidance would be much appreciated.

[Buck52]

magnolia_318,

Yes you can Appeal a decision with the VA. (check the time frames) there different time limits on different type of Appeals.

Are you receiving SSDI? IF NOT FILE FOR IT ASAP.

Just be Honest and Sincere.

you should go see a private speclist in this field with proper credentials to exam you and ask the Dr to write you a favorable letter about your condition/disability and give his/her opinion about you being unemployable or no can do any kind of gainful employment!

(hopefully the speclist is veteran friendly)

This will off set the VA Dr's Opine (usually in your favor)

You may let the speclist Doc read the Medical C&P you have if you have copies after he/she examines you!

See if he/she will write the favorable report first and ask them to use the VA guidelines found here on Hadit's IMO forum. (independent medical opinion) Just make some copies take with you unless you can remember what to tell them or how to word the report. (VA language)

if the Doc hesitate just let him/her know there will be no retaliation from VA its just an opinion!

It is costly for this type of exam but its well worth it.

Also get notarized statements from family and friends that sees your disability and the severity of it!

jmo

...................Buck

Edited April 11, 2015 by Buck52

[Berta]

"Being that my case was remanded back to the RO and they are going to make a decision based of this bogus C&P exam, which will likely not be in my favor, will I still have the opportunity to bring this back up to the BVA being that the BVA already remanded it back to the RO?"

I think if you act fast and follow Buck's advise you can.

Some years ago I was on remand. I already had 3 IMOs and the VA had 2. BVA remanded for an additional Cardio IMO. I got a PA's IMO.

I immediately filed with BVA a rebuttal to every word in it, stating it was not only too speculative, medically and told them why, but this was not anyone (a PA) with the expertise that my IMO doctors had.(Nueroradiologist and former VA Neuologist)

I also had jumped the gun and paid for a cardio IMO too, but the BVA award decision came before the Cardio doc even wrote the IMO.

If you feel you can afford an IMO from an expert in the field of your disability, let the BVA know and then do all you can to get the IMO done.

It must follow the IMo criteria here at hadit.Submit it directly to the BVA with a cover letyter with your Docket number on it..

As Buck asked, however, do you get SSDI and is it for exactly the same disability that you want them to rate at higher level or TDIU.

SSDI awards solely for the same SC conditions, are often the BEST way to overcome C & P BS.

And SSDI determintion is, in essense, an independent medical opinion.

They do not help hoever, when they involvle NSC disabilities

Edited April 11, 2015 by Berta

[Buck52]

IMO

I think the VA Doc's make to many mistakes during a C&P with improper medical exams.

leave important things completely out and address senseless things that don't have any thing to do as to why the veteran is there.

based from my experience!

...........Buck

[georgiapapa]

magnolia_318,

Unless I am reading your post wrong or misinterpreting the doctor's comments, it appears the doctor stated in both C & P exams that you were able to maintain substantial gainful employment. I don't see a different conclusion from the doctor as far as your ability to maintain substantial gainful employment.

First C & P exam, the doctor stated "it is least as likely as not that veteran is able to maintain substantial gainful employment based only on his service connected myasthenia gravis."

Second C & P exam, you stated "the doctor now says I am absolutely fine and I am able to maintain substantial gainful employment based on my service connected myasthenia gravis AND pericarditis."

GP

[Philip Rogers]

GP picked up on the same thing I did. Did you state "able" when you meant "unable?"

pr

[Navy04]

Was this exam for IU, so there fore you were using the 40% SC to file for the IU?