Vet2015 Posted July 31, 2015 Share Posted July 31, 2015 I just noticed that on my C&P exam which lead to my reduction proposal from 40% for my left elbow to 10%, that the lady is a Physician assistant and not a MD Doctor. Will this help me on my hearing that's scheduled for my disagreement? Link to comment Share on other sites More sharing options...
0 Gastone Posted July 31, 2015 Share Posted July 31, 2015 I think it would depend on her level of expertise. If it was the ROM measurements, they are what they are. The fact she may have caused you excessive pain during the exam might help. I don't think you have to experience excruciating pain to determine the ROM. Can't recall anything other than a PTSD C & P exam, where VA now spells out the credentials needed to perform the exam. My hearing exam was conducted by a VA Audiologist, not an ENT Dr. The computer took care of the actual "Hearing Test" but the Audiologist did have to opine in the positive regarding my Tinnitus claim being Combat related. Might be time to get a non VA exam or for that matter, a VA Physical Rehab clinician to verify your ROM measurements, without the excruciating pain. Semper Fi Gastone Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted July 31, 2015 Moderator Share Posted July 31, 2015 (edited) Yes and no. The VA relies on "medical professional's" opinions, not necessarily doctors opinions. The Veteran can challenge the competency of an examiner on an unfavorable medical exam. If you went for a C and P exam for sleep apnea, and the PA has never treated sleep apnea, then challenge his credentials, arguing he is not competent to opine on sleep apnea without the requisite training and experience. You see, unless you specifically challenge the c and p examiners credentials, then the examiners credentials are assumed to be valid. You are on the right track. Try to find out the c and p examiners expertise on the issue you had an exam for. You can request the examners CV and a list of his/her expertise on your conditons. Proceed from there. If you are being reduced, the VA may not be able to reduce you on a single exam. How long have you been SC for? Read up on reductions, there is much here on them. If the exam is unfavorable and he does not say he reviewed your medical history, then argue that exam is invalid as he did not review your records. If your c and p examiner said you "actually improved under ordinary conditions of life" you may be able to cite your regular docs opinion, especially if he is a MD and your c and p examiner is a PA. If you have been sc for at least 5 years OR if you are P and T, then your c and p exam needs to show you "actually improved under ordinary conditions of life" (this means working). You can argue you dont meet the reduction criteria because you have not had actual improvement under ordinary conditions of life as you are not working. There is something in the reg somewhere that says if you got better due to not using your knee, for example, that does not necessarily mean you can go back to work demonstrating pogo sticks. Edited July 31, 2015 by broncovet 31Bravo 1 Link to comment Share on other sites More sharing options...
0 USMC_VET Posted July 31, 2015 Share Posted July 31, 2015 go get a IME/IMO from a MD specialist. If you get a DBQ and a report from a Specialist in that field that can often trump the VA exam because often they run on a military style "rank" system for doctors. you get a family practice Doc to do your IME but the VA has a specialist they win, etc. use this to your advantage. sounds like you filed a NOD already. now go get that IME/IMO www.imenet.com is a good start. Buck52 1 70% - PTSD ->50% - OSA (Secondary to PTSD) 30% - Bilateral Pes Planus w/Plantar Fasciitis 30% - Migraines 10% - Tinnitus 20% - Back 0% - bilateral shin splints Link to comment Share on other sites More sharing options...
0 carlie Posted July 31, 2015 Share Posted July 31, 2015 I just noticed that on my C&P exam which lead to my reduction proposal from 40% for my left elbow to 10%, that the lady is a Physician assistant and not a MD Doctor. Will this help me on my hearing that's scheduled for my disagreement? Usually, under these circumstances, someone higher than the PA such as an MD, will go over the findings and sign off on them. I do not remember of any credentialed specialist being needed for your type of disability, especially if ROM are involved, only that the examiner use a goniometer. Check out this bva remand for more info. http://www.va.gov/vetapp14/Files5/1442439.txt Carlie passed away in November 2015 she is missed. Link to comment Share on other sites More sharing options...
0 justrluk Posted July 31, 2015 Share Posted July 31, 2015 A PA did my initial C&P at the VAMC in Augusta. An MD had to sign off on it, but still evidence was collected by a PA. Limbo is status quo for the VARO. Link to comment Share on other sites More sharing options...
0 Navy04 Posted July 31, 2015 Share Posted July 31, 2015 Sorry to say bud, but I myself have had 4 FDCs and over 30 C&Ps in the last 2 years, and 3/4s of the Exams were performed my PA and NPs. In the End I always tell folks that the Evidence speaks for itself. Good luck 100% PTSD 100% Back 60% Bladder Issues 50% Migraines 30% Crohn's Disease 30% R Shoulder 20% Radiculopathy, Left lower 10% Radiculopathy, Right lower 10% L Knee 10% R Knee Surgery 2005&2007 10% Asthma 10% Tinnitus 10% Damage of Cranial Nerve II 10% Scars SMC S SMC K OEF/OIF VET 100% VA P&T, Post 911 Caregiver, SSDI Link to comment Share on other sites More sharing options...
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Vet2015
I just noticed that on my C&P exam which lead to my reduction proposal from 40% for my left elbow to 10%, that the lady is a Physician assistant and not a MD Doctor.
Will this help me on my hearing that's scheduled for my disagreement?
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broncovet
Yes and no. The VA relies on "medical professional's" opinions, not necessarily doctors opinions. The Veteran can challenge the competency of an examiner on an unfavorable medical exam.
USMC_VET
go get a IME/IMO from a MD specialist. If you get a DBQ and a report from a Specialist in that field that can often trump the VA exam because often they run on a military style "rank" system for
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