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Hello all fellow vets:
So my wife has been at the 70% rate for about 18 months now and she put in for IU on a temporary basis just so she can seek proper medical care because she is currently unable to work. About a month ago she had a c&p exam but the day before the VA called and said she did not need to be in attendance for it because records were enough. Today I was able to read the report that examiner wrote and it says that the veteran has no history of migraines the veteran has been awarded benefits for migraines in error.......what the heck??? My wife has very high blood pressure which gives migraines. How did the examiner come up with this. what should I do I know im jumping the gun because the desicion hasnt been made yet but to know the examiner did this pisses me off.
If there is a solid history of this in her medical records, this is called falsification of medical records, and its a crime. For the practitioner to make that statement, it confers that he/she has reviewed the record and this is a professional opinion. The competency of the practitioner is relied upon by both the VA/Federal Government as well as the claimant/patient who was the subject of the medical opinion.
In the DBQ from the C&P exam, it documents what records were used in the review. It should show that they used "VBMS CPRS VISTA". The CPRS is the VA Medical records. If the migraines are documented in the VA records, then you have a reason to complain.
If you have solid grounds showing that the migraines are well documented in her records, take it to the VA IG. File a formal complaint. The IG is responsible for investigating criminal acts by federal employee's, or related to federal jurisdiction, which is what a C&P examination is.
The crazy one here.
Your wife will need a medical doctor's opinion either a treating neurologist or a neurologist opinion that her migraines are frequent and so frequent that they make her unemployable. As far as I know VA will not prosecute their doctors, all the doctor has to say is that he/she reviewed the wrong file and the veteran did not come in for their C & P exam. Once a C & P exam is scheduled the only way you should not go to the exam is if you get a written letter from VA.
. As far as I know VA will not prosecute their doctors, all the doctor has to say is that he/she reviewed the wrong file and the veteran did not come in for their C & P exam.
If dozens of complaints like this started popping up, you would find that the IG would take action. The excuse's get old fast. This happens too often for it to be coincidence.
Great advice above.
I would cover your butt now. go and get a IME which will not only protect your rating but assist with the IU. GATHER ALL THE EVIDENCE, ALL OF IT, EVERY SENTENCE and bring it to the neurologist (and get a good one, lots of experience, board certified, impressive CV, etc) and have them opine on the history of the disease, when the diagnosis was originally made, how it has progress, etc. have them opine on how it inhibits her ability to work and that it has rendered her unable to work and that she is unemployable with the current symptoms.
Do this now, the earlier you get this the better, bad examiner opinion are like a cancer, the longer they are left unchallenged they grow and metastisize in teh body that is your C-File. Get one as soon as possible, send it in as evidence and knock that doctor down.
After you win. then contact the IG and complain about improper handling of claim and falsification of medical records and request and amendment to records so that the examiners record is updated to reflect the history of the claim.
I would definitely complain (after) to the IG about this. In the letter also mention and send copies to the Director of the RO, VAMC and Allison HIckey and Secretary McDonald.
Thanks a lot to all the advice USMC VET i will do as suggested and get the IME now. Hope all of you are well.
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