ptsd Can Ro Influence Ptsd C&p Exaimner Decsion ?

[DustyAO105]

Can someone tell me in 2002 my stressor was verified for PTSD but claim was denied ,the RO negatively influenced the examiner decision by instructing the examiner to consider inconsistencies in my prior exam. I'm now 100% for PTSD but I'm appealing for a EED 2002 due to CUE . need some guidance my claim is with the DRO and I'm wondering was that the best way to go .

Edited April 19, 2015 by DustyAO105

[saints13]

Just in my opinion and experience I think so. Every C&P exam I have had, the RO stated, It is at least likely as not for such and such condition.

I believe that is a leading question especially for a denial unless you get a examiner that does not care what the RO has stated or questioned. I think C&P are somehow in connection with one another.

I'm tired of C&P exams because for me they always turn out in favor of the VA in my cases and are always the same. Hello MR./Mrs. XX how are you doing? Follow me to my office. Then they sit on a computer for the duration of the exam looking over old notes that are wrong, misinterpreted, etc. looking for any excuse at all to have an unfavorable C&P. So letters from Doctors, IME/IMO's, etc that all the experienced people here on Hadit have mentioned to obtain to overcome those c&p exams that I believe are all setup to lowball or deny claims. c&p should only be a part of the decision process but in my cases the c&p was always the deciding factor of the denial or approval but at a lowball rate.

That is why when I see a VA doc I say ok, I will be able to see your notes in about 3 days on myhealthvet right? Just to give them a heads up I'm not letting them ruin my name, records anymore. My VA records are so full of incorrect information, added information I never said or things, tests they said they did when they didn't.

So I check every note from now on. It would take years to correct my past VA records at this point in time. I never knew how much discrepancies were in the notes until I discovered and applied for myhealthvet blue button.

Sorry for rambling. In my opinion check all your VA notes to make sure they are correct, get IMO's/ IME's, etc. Letters from doctors, lay statements that are notorized, etc. Just so you have ammo against what VA is going to deny, decrease or lowball you.

As far as the DRO level I have never made it that far. I have only been at the RO level. I'm now also considering DRO or what avenues I need to take. I will just keep playing the waiting game until VA finally sees how dis functional the system is with claims.

There should be no backlogs, NOD's, appeals, etc if RO just took time to look at the evidence and quit having the denial attitude towards us veterans that have served our country.

The more advanced and informed individuals will chime in as far as your avenue to take as I don't have the experience in that arena as of yet.

[Berta]

I feel every vet who gets denials and then a subsequent award for the same SC that was denied, should go over their past denials very carefully. They could contain CUE.

It just makes sense that ,with a subsequent award, they should have awarded sooner....if the evidence was in VA's possession at time of that decision ,to award.

Do you mean that you have already filed a CUE for the EED that is now with a DRO?

I am not sure how you can CUE over 'inconsistencies' a C & P examiner made.

BUT if you had, and the VA had, evidence that rebutted the inconsistencies, that could be a very valid CUE.

[Berta]

I forgot to answer the question in your topic title

Can the RO influence the C & P doctor?

Yes they can and will if they think they can get away with it.I was victimized by that BS in 1996,1997 , in 2005 and 2006, and then recently.

When the RO withholds specific probative medical evidence from a C & P examiner, they have committed a CUE and obviously have influenced the outcome of the exam by doing that.

In my cases above the probative evidence was removed from my C file, then after the posthumous exams, it was put back in.

[DustyAO105]

Thanks Berta the VA told the C&P examiner to consider inconsistencies they said I gave in prior PTSD evaluation .And my stressor was verified before the C&P.

[Philip Rogers]

The VARO's routinely asks questions, of the C&P examiners, that will give them a reason to deny the claim. You could certainly have a CUE. jmo

pr

[Buck52]

The examiner can be rebutted also! with probative medical evidence and the truth!

some examiners says things in his/her report that was never mention to the veteran!?? now who they believe is beyond me but is a vet has good medical evidence in his/her favor that wins every time.