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Reminder that your exam starts in the waiting room lobby

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lotzaspotz

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I was reviewing 2015 BVA decisions regarding the New Orleans RO, and came across the following.  I'm on a tablet and can't cut and paste the section, but scroll down to the second paragraph above the "Order" section.  You'll find that this veteran's carriage and demeanor when she was called from the waiting room found its way into her C & P exam report and then into the BVA decision.

http://www.va.gov/vetapp15/Files2/1512277.txt

Always remember, your exam starts the moment you enter the exam facility.  If you're there for a spine exam, your posture in the chair you're seated in, in the lobby, may very well be noted.  There's plenty of literature on exams here at hadit, but I thought it would be useful to remind everyone that the exam begins upon entering the facility, not when entering the examination room.

Edited by lotzaspotz
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I never understood why they deny when the veteran has all the evidence right there for them to read, NOD's  are good I suppose but most of the time very unnecessary,  then usually the second time around the vet either gets. it service connected or low balled,  some times it helps to site there regulations back to them especially the rating regs...its like when we get this far  they start to get serious  if they know the veteran is a little educated on the CFR'S & KNOWS A LITTLE ABOUT THE CLAIMS PROCESS.

 

 

...............Buck

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Those raters and C&P examiners remind me of feeding a baby  one spoon at a time  &  ever once in a while you have to take the spoon and wipe off the excess around  there mouth  EH!

 

............Buck

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thanks. if all the c&p docs would take time to review my records, the question would be moot. i have had plenty of exams in the 27 years i have dealth with the va. but only one actually took time to review my navy medical record beside my va record. that's a sorry state of affairs.

once i had an exam, i was between power chairs as mine was condemmed and a new one was on order. i had to use a manual chair and get a volunteer to push me to the waiting room. i had to push myself to the examning room (with my rhuematoid arthritis is very difficult). doc asked why i was using the manual chair so i told him. yet, he still wrote on my exam about the manual chair and my claims of upper body strength.

WOW, That sounds like doing the right thing. I will admit that I had some C & P examiners that actually reviewed my records but I also had C & P examiners who did not review anything.  There was one C & P exam I had twice within six months and the second C & P examiner came in the examination room started saying that my claimed conditions were not related to my military service. I then asked her why was I there for a second C & P exam and she looked it up in the VAMC system and saw that the other C & P exam stated that my condition was more than likely related to my military service and on the second C & P exam she refused to comment and wrote a statement that the rater should go by my earlier C & P exams.  I knew I was about to be screwed but due to the fact that she did not comment and stated that the rater should go by my other C & P exam worked out just right.

Edited by pete992
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I never understood why they deny when the veteran has all the evidence right there for them to read, NOD's  are good I suppose but most of the time very unnecessary,  then usually the second time around the vet either gets. it service connected or low balled,  some times it helps to site there regulations back to them especially the rating regs...its like when we get this far  they start to get serious  if they know the veteran is a little educated on the CFR'S & KNOWS A LITTLE ABOUT THE CLAIMS PROCESS.

 

 

...............Buck

Buck, the reason they do this, the only one that makes any logical sense, is that it is an intentional stall tactic: they hope is the vet dies, loses faith and gives up, or is unable to continue fighting.  Usually, the worst case scenario is that they have to pay what they owe the vet; the best case?  They pay nothing!  In between is where things normally land (which is still stacked against the claimant), where they lowball the conditions and blind the vet with back pay, or change effective dates, or put it back on the Lazy Susan and let ride around a few more passes with the hopes of a favorable outcome (for them).  If we could use their technique to pay our bills, we wouldn't even need a claims process.

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During my C&P on Tuesday, they pulled a lot of this crap.  The Doc tried to send me to lunch nearby, "there is plenty of food here within walking distance".  When I came back, He asked where I went, because I drove away.  Then they sent me back and forth between him and radiology and I caught him waiting in the hallway off to the side watching me. He also was using distraction for almost all the ROM measurements he made.  In particular, my wrist doesn't bend in two out of four directions and we were talking in a casual conversion while he was assessing and he kept trying get me to bend it ways that it does not bend.  This technique probably 'worked' somewhat with my back examination because I have been in constant pain ever since and was grunting from pain during the exam.  Herein lies the problem with what they are doing; I am used to compartmentalizing and even though it hurts, do what is asked.  It skews the results.  I understand why they do it and I am sure they catch a lot of fakers, but it is not how people should be treated and will most likely result in a lower rating than I deserve.  I understand they don't rate pain but it is supposed to be until you experience pain.  I am sure I went well passed that.  I don't believe it was something the doc was doing on his own; I think it is integral to the exam which makes me feel better as an individual but infuriates me as vet being treated like a criminal and deviant.

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I just recalled something, while reading your post, Talon.  I was reading the notes from Friday's exam, and he wrote about my limited ROM, and noted that I seem okay to sit with legs/hips bent @ 90 degree angle.  Gravity helps a lot, with that.  But the part I recalled was this, when he was done checking my ROM, on the table, He had to help me sit up, I grabbed his arm and gave him a good tug!   Wonder why that part didn't make it into his notes???

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