OGBYN qualified to complete Knee, Back & Ankle Exam?

[SemperFiGeek]

So after receiving my C-File and reading the doctors notes for my Knee, Back and Ankle exam two months ago and realizing something was off as her rationale make little sense given my record I looked into the doctors qualifications and found that she is gynecologist who apparently began with the VA Exam Contractor QTC Management after being losing a lawsuit for malpractice. My problem is this lady should not be doing exams on these issues when it is not her specialty. Her medical opinion and rationale is attached here but she says my back and ankles are less than likely secondary to my service connected knee and feet issues because of my weight but she obviously failed to consider that the weight gain has a lot to due with the physical limitations caused by the service connected feet and not being able to exercise which is noted in my service records. The VA has not made a decision yet. Is there any way to challenge her opinion?

[broncovet]

Yes.  You can/should challenge the competency of the examiner.  Of course, it can be done when you file a NOD.   If you do NOT challege the competency of the examiner, then the exam is "presumed" valid.  You wont be able to challenge the compentcy "later", that is, when you go to the cAVC. 

Another way is to get an IME/IMO with a more favorable opinion and submit that as New evidence prior to the decision, if possible.  This should be probabitve to reopen. 

Do you have "other" more favorable medical evidence?  If you already had the requisite evidence, then it appears VA is "developing to deny". 

Edited November 18, 2015 by broncovet

[SemperFiGeek]

there is other medical evidence but she put the same rationale on both my claims for back and ankle for secondary service connection to my knees.. guess i'll look into that IMO

[Buck52]

Do the IMO  or request another C&P  due to your examiner was not Qualified & you felt the exam was inadequate, but it maybe better to just go get an IMO make sure they use the VA GUIDLINES found here on hadit....because even if you get another C&P there's no telling what kind of examiner you may get  could be worst than the first one.

 

Good Luck Buddy

 

jmo

...............Buck  

[SemperFiGeek]

thank you!

[Carl the Engineer]

SemperFiGeek,

Just as easy to say your weight gain was caused by your service connected knee, etc. 

My fighting weight when I left service in 08 was 226 with a passing PT score and made weight with the tape test, 25% body fat.  8 years later I'm 241.  15 pounds, not too bad.  I still had a VA doc poke me in the belly when I told him by back hurt.

So, did my plantar ficitis, DDD DJD of the cervical, DDD DJD of the lumbar, arthritis of shoulder bi-lateral, arthritis of elbow and high blood pressure cause me to gain 15 pounds.  I think an argument could be made that it did.

Ask for a re-do, and if that fails, then get a IMO and maybe legal help.

And if you are in a hurry, youre screwed, sorry,

Hamslice

 

 

[Chuck75]

If the VA considers an NP qualified to do a C&P exam, then by their standards, any MD certainly is.

The best way to challenge the C&P opinion is with an IMO from a specialist, board certified in an appropriate specialty.