Fight Now Or Wait

[Guest jangrin]

Question:

If you receive a copy of the exam findings and report that was done for a RECENT C&P exam, and you don't agree with the medical opinion or findings, should you send in documentation right away (even if the file is a the rating board) or should you wait until the claim is rated and then appeal the findings?

Husbands recent C&P was lacking on the findings for PN in hands and also incorrect statements regarding legs and feet (not accurate).

Thanks for you imput,

Jangrin B)

[Guest jstacy]

Just thought I would add a few comments based on my experiences I had. The statement "The NP cannot override a Licsened MD" is not always true. A NP gave my husband an exam, but there was the doctor who oversaw her that signed that he agreed with her assessment. This, even though he had not even looked at my husband. We also had an IMO and was written in my husbands favor. The VARO denied the claim, based primarily on the NP's C & P.

Also, as far as getting C & P exam results and finding out that they are inadequate. I would get my husbands C & P exam results as soon as they were put into the system and go over every word in it. I found some to be so inadequate, I felt that they must have written my husbands results based on another veteran they had seen the same day. I would immediately write a letter and dispute word for word everything in the C & P results that were not correct. I would then send this to the VARO. I didn't want to waste time on the VARO making a decision based on what I knew to be an inadequate C & P exam. To me, this saved everyone time all the way around. A new C & P exam was then requested based on the previous one being inadequate. Funny how the second time around that the results of a C & P exam could change so much and in my husbands favor. They knew they messed up the first time around.

Just thought I would add something to the post on some experiences we had.

mssoup

Mssoup, Please allow me to re phrase that statement. A Nurse Practitioner is still a registered Nurse with a Masters Degree. They work under a Phycisian who has to sign off on the examinations. In regards to the NP and the MD vs an opinion of a another MD. In this case the Other MD is Craig Bash. Craig Bash is a Neuro Radiologist. In dealing with diseases of the nervous system, wether it be PN or Radiculpathy, His opinion carries more weight. The VA may try to lok the other way and even the BVA may also do the same, But the Court of Veterans appeals will not look the other way.

At minimum this only puts the claim in relative equipose and the Veteran should be given the Benefit of the doubt.