Will A Detailed Letter From My Doctor Carry More Weight Than A C&p Exam?

[magnolia_318]

I have had 2 C&P exams in the past 9 months. The first was somewhat in my favor but the second basically stated that every issue the examiner found in the first exam was now miraculously fine. After seeing this second exam, I went through my record and found that the examiner, who never actually performed an exam, was just copying and pasting notes from my VA medical record and using this as a basis for their findings. I also found that my condition was not being properly documented in my record. Verbally, my doc would tell me my condition was "moderate to severe" but in my record it was being notated as "mild". I addressed this issue with my doctor, who was kind enough to pen me a detailed letter describing the "true" nature of my illness and supporting my claim. So my question is, does this copy paste job of the C&P examiner carry more weight than a letter from my doctor who has treated me for the past 6 years? Their findings are in total contrast of each other. C&P examiner states my condition is "mild" and my doctors letter states it is "severe". He also goes in to more detail as to my limitations and how the frequency of my required treatments creates great limitations on my life. Let me know your thoughts.

[Capt.Contaminate]

Hello All,,,,

As with the VA , they can and will do as many C and P s as they want to order. Whether it be from QTC or Veterans Evaluations Services Group or the VAMC or local clinics. They can also order multiple repeats for the same issue as often as they want. Yes, I believe that this just is done to stall the clock and to try and get unfavorable results for the Veteran which can use up time and get the scale into their favor. As some of you have pointed out it takes another opinions to shoot down theirs and sometimes runs the Veteran into an expenditure that he or she really cannot afford to do.

I will tell you that I have had no less than 7 different opinions from VA concerning C and P exams or reviews and even a very poor Section 1151 opinion that will fall apart on appeal . Some are done by PA and NPs which hold no water comparing to a Doctors opinion. Something a Veteran must remember when trying to get a "favorable" ruling from the Regional Office or even higher the , BVA.

Dr. Bash is excellent and I have also had 2 opinions from him and hopefully will have a third from him so you cannot get much finer than him on VA related problems. He knows the system and how to counter the VA and its techniques. It will at some point come down to what the BVA will rule on and unfortunately that is the only remedy in a lot of Veterans issues. Sometimes it takes the CAVC route if the BVA will not obey the law. This is where the probative evidence is used and the Benefit of a doubt rule can effectively tilt the scale in the Veterans favour. Oh yes, the Veteran's evidence and other CAVC rulings can become PRECENDENT setting , which can and should always be used in the final battle. Bringing up cases that have won in the past with other Veterans can now be used.

As Buck pointed out ,,,,no opinion from the Veterans side results in the VA winning, so get plenty of powder and load a magnum load to counter them. If the VA has one Medical opinion then the Veteran needs to have 3 medical opinions that counter it. As Berta said , the Veterans Doctor must have ALL the SMRs and medical progress reports and opinions. Specifically taking them apart.

As always the Veteran and his battle is remember to.......................NEVER GIVE UP...C.C.

Edited May 3, 2015 by Capt.Contaminate